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2018-03-20 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 20, 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. PUBLIC HEARING 1. Ordinance No. 1250 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, by amending Sections 1.9 through 1.9-2 of Chapter 1 relating to absence of a newspaper in the City and repealing all ordinances or parts of ordinances in conflict therewith (first reading) Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or Regular City Council Meeting Agenda March 20, 2018 Page 2 of 5 indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance amending Sections 1.9, 1.9-1, and 1.9-2 of Chapter 1 of the Vernon Municipal Code, amending the Designation of Newspaper and Publication. PRESENTATIONS 2. Service Pin Awards for February 2018 Presented by: Michael Earl, Human Resources Director February Anniversary NAME DEPARTMENT TITLE YEARS Masami Higa Finance Assistant Finance Director 10 3. A Proclamation of the Mayor and the City Council of the City of Vernon declaring the week of March 18-24, 2018, as Childhood Cancer Awareness Week 4. Presentation of Grantee Certificates and Report on FY 2017/2018 Docket II Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative action 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. Receive and file this report, as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. 5. Granicus Peak Agenda Management System Presented by: Maria E. Ayala, City Clerk CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City – Received and Filed Regular City Council Meeting Agenda March 20, 2018 Page 3 of 5 6. Amended Claim for Damages from Gloria Ajtun received March 5, 2018 Minutes – To be Received and Filed 7. Minutes of the Regular City Council Meeting held March 6, 2018 Warrant Registers 8. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1487 to record voided Check No. 356771 in the amount of $1,500. 9. Approval of City Warrant Register No. 1490, totaling $1,052,620.49, which covers the period of February 27 through March 12, 2018 and consists of the following: A. Ratification of wire transfers totaling $604,256.01; and B. Ratification of the issuance of early checks totaling $361,626.85; and C. Authorization to issue pending checks totaling $86,737.63 10. Approval of City Payroll Warrant Register No. 741, totaling $3,439,279.17, which covers the period of February 1 through February 28, 2018 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,779,808.21 and B. Checks and electronic fund transfers (ETF) paid through General bank account totaling $659,470.96. 11. Approval of Light & Power Warrant Register No. 455, totaling $3,399,456.04, which covers the period of February 27 through March 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $3,363,098.80; and B. Ratification of the issuance of early checks totaling $27,142.00; and C. Authorization to issue pending checks totaling $9,224.24 12. Approval of Gas Warrant Register No. 243, totaling $151,173.15, which covers the period of February 27 through March 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $132,674.70; and B. Ratification of the issuance of early checks totaling $18,498.45. Fire Department Regular City Council Meeting Agenda March 20, 2018 Page 4 of 5 13. Activity Report for the period of January 16 through January 31, 2018 14. Activity Report for the period of February 1 through February 15, 2018 15. Activity Report for the period of February 16 through February 28, 2018 Health and Environmental Control Department 16. February 2018 Monthly Report Police Department 17. Activity Log and Statistical Summary of Arrests and Activities for the period of February 16, through February 28, 2018, to be received and filed Public Works Department 18. Building Department Report for the Month of February 2018 NEW BUSINESS Public Works 19. Contract Award for City Contract No. CS-0910: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Recommendation: A. Find that the proposed Capital Improvement Project at Fire Station No’s 76 and 78 along Fruitland Avenue and Soto Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15302, Replacement or Reconstruction, Class 2, because the project consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Accept the bid from Nobest Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract in an amount not to exceed $922,011 for the PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project (CS-0910); and D. Authorize a contingency of $100,000 in the event of an unexpected changed condition or additional work requested by the Fire Department 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. Regular City Council Meeting Agenda March 20, 2018 Page 5 of 5 ORAL REPORTS 20. City Administrator Reports – brief reports on activities and other brief announcements. 21. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 5, including (i) a potential retaliation claim by a City employee (see Government Code Section 54956.9(e)(2)); (ii) a potential case involving environmental investigation and clean-up of hazardous waste landfill in West Covina, California (see id.); and (iii) a tort liability claim by Mayra Jimenez (see Government Code Section 54956.9(e)(3)). 23. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 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 15th day of March 2018. By: ________________________________ Maria E. Ayala City Clerk filfrr- -. :i,: i,iAR r 5 2018 CITY CLERK'S OFFICE REGEBVED MAR 0 8 2CtS STAFF REPORT ,I V CITY CLERK DEPARTMENT Y( IUI DATE: TO: FROM: RE: March 20,2018 Honorable Mayor and City Council Maria E. Ayala, City Cl"lX\! ' Originator: Matthew Ceballos. Deputy City Clerk Ordinance to Amend the Designation of Newspaper and Publication Recommendation A. Find that approval of the proposed action is exempt from Califomia Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance amending Sections I .9, I .9- I , and 1.9-2 of Chapter I of the Vernon Municipal Code, amending the Designation of Newspaper and Publication. Background On November 24,200,8, the City Council adopted Ordinance No. 1152 amending Section 1.9 of the Vemon Municipal Code to designate the Vernon Suz as the "...ofircial newspaper of the City of Vernon for the publication of any ordinance, public hearing, or other matter requiring such public notice." On February l, 2018, the Vernon Sun, an Eastern Group Publication Newspaper, published and circulated their final issue. The parent company has shuttered their entire operation (which included multiple neighboring city publications) and are no longer a viable option for the City to publish mandated notifi cations. Sections 1.9, 1.9-1, and 1.9-2 each specifically named the Vernon Sun. With the Vernon Sun no longer being in operation the City needs a new publication for the purpose of legal notifications. Page I of2 Currently staff has explored a multitude of adjudicated newspapers. There are numerous publications that are adjudicated newspapers for the Los Angeles County area; however, presently, the Los Angeles Wave: The Press Edition is the only publication that is circulated within the City of Vernon that actually includes the "City of Vernon" in the title of its locally printed edition. Staff recommends amending the Municipal Code to reflect that the Los Angeles Wave: The Press Edition is the City's newly designated newspaper for mandated public notices, pursuant to Govemment Code Sections 6040 through 6044. Fiscal Imoact None. Attachment(s) l. Public Hearing Notice 2. Draft Ordinance to amend Section | .9, I .9- 1, and | .9-2 of Chapter I of the Vemon Municipal Code, amending the Designation of Newspaper and Publication Page 2 of 2 City of Vernon DATE & TIME: PURFOSE/SI.]BJECT: DOCUNIENTS FOR REVIEW: 4305 Santa Fe Avenue Vemon, CA 90058 (323) 583-881l NOTICE OF PTIBLIC HEARING REGARDING THE PROPOSED ORDINANCE AMENDING SECTIONS 1.9, 1.9-1, and 1.9-2 OF CHAPTER I OF TIIE VERNON MUNICIPAL CODE The City of Vemon will conduct a Rrblic Heanng, which you may attend. PLACE:Vemon City Hall City Council Chamber 4305 Santa Fe Avenue Vemon, CA 90058 Tuesday, Marrh Z), 201E at 9:fi) a.m. (or as soon thereafter as the maner can be heard) Consider the adoption of an Ordinance to amend Sections 1.9, 1.9-l, and I .9-2 in the Vemon Municipal Code, Chapter I, the Designation of newspaper in the city and repealing all prior ordinances and parts of ordinances in conflict therewith. Notice is hereby given thar a ha-rd copy of the proposed ordinance will be available for public review during normal business hours in the City Clerk Depannrent, located at 4305 Santa Fe Avenue, Vemon, Califomia, between the hours of 7:00 a.m. and 5:30 p.m. Monday through Thursday. Please send your comments or questions to: Matthew Ceballos, Deputy City Clerk City of Vemon 4305 Santa Fe Avenue, Vemon, CA 90058 (323) 583-881 I Ext. 546 Email: rnceballos@ci.vemon.ca.us Staffwill recomnrend that the City Council find that this action is not subject to Califomia Environnrental Quality Act (CEQA) review, because this ordinance is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378 PROPOSED CEQA FINDING: If you challenge the adoption ofan Ordinance to arnend Sections 1.9, 1.9- l, and L9-2 in the Vemon Municipa.l Code, Chapter l, regarding the Designation of newspaper in the city and repealing all prior ordinances and pan of ordinances in conflict therewith or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing descnbed in this notice or in written correspondence delivered to the City of Vemon at, or prior to, the rneeting. Americans with Dsabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the rneeting, please contact the Office ofthe City Clerk at (323) 583-881 I ext. 546. The hearing may be continued or adjoumed or cancelled and rescheduled to a stated time and place without funher notice of a public heanng. Dated: March 7.2018 ORDINANCE NO. L25O A}I ORDINA}ICE OF THE CITY COT]NCIL OF TI{E CITY OF VERNON AI/IENDING THE CODE OF THE CITY OF VERNON, earrFoRNrA, BY Al.{EtirDrNG sEcrroNs 1.9 TI{ROUGH 1.9-2 OF CTIAPTER 1 REI,ATING TO ABSENCE OF A NEWSPAPER IN THE CITY A}ID REPEALING ALL ORDINANCES OR PARTS OF ORDINA}ICES IN CONELI T THEREWITH WHEREAS, the city of vernon (the "City") is a municipal corporation arld a chartered city of the SEate of California organized and existing under its CharEer and the Constitution of the StaEe of California; and I{HEREAS, on November 24, 2oo8, the City Council of tshe City of Vernon adopted Ordinance No. 1152 amending Section 1.9 of the Vernon City code to desigmate the vernon srrn as a 1ega1 newspaper publiEhed nearest to Ehe City of vernon for the purpose of publishing ordinances, public hearings, and other mauters; and VIHEREAS, on Febnrary L, 20L8, the vernon Sun, an Eastern Group Pr:blicauion Newspaper, published and circulated iEs final issue and is no longer a viable option for the City to publish mandated notifications; and VIHEREAS, Government Code Sect.ion 5000 indicates uhat a newspaper of general circulation is a newspaper published for the distribution of local news with an authentic subscriPtion list and is pu.blished at. regular intservals in the Statse, county, or city where pu.blicatsion, notice by publication, or official advertising is to be given or made for at leaEt. one year preceding t.he daue of the publicarion, notice or advertisements; and WI{EREAS, Governments code Sectiorr 6042 statses that when there is no newspaper of general circulation published within the jurisdiction of t.he officer, then publication shall be given or made in a newspaper of general circulation published nearest thereto; and WHEREAS, Los Angeles Wave: The PresE Edition (the "Los Angeles wave" ) is an adjudicatsed newspaper of general circulation in the County of Los Angeles; and WHEREjAS, the City Councll of the city of vernon finds thats the Los Angeles wave meets the requirementss for a newspaper of general circulatsion published nearest to the City for the purposes of publication and compliance with Government Code Section 5000 ets seq. i and WHEREAS, the City Cor.rnci I of the City of vernon desires to amend Sections l-.9 tshrough 1,.9-2 of tshe Vernon Municipal Code to desigrrate tshe Los Angeles Wave as a legal nesrspaper published nearest !o the City of vernon for the purposes of publishing ordinances, public hearings, and other matuerE . THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECT]oN 1: The Cit.y Council of the CiEy of Vernon hereby finds and determines that all of the foregoing recitals are Erue and corrects. SECTfoN 2: The City Councif of the city of Vernon hereby amends Chapter 1, General Provisions, of Ehe Vernon City code, by amending Sections 1.9 through 1.9-2, as set forth in Exhibit A which is attached heretso and incorporated by reference. SECTION 3:Any ordinance, part of an ordinance, or code secEion in conflict with this ordinance is hereby repealed. SECTTON 4: rf any chapter, article, section, su.bsectsion, subdivision, paragraph, sencence, cl-ause, phrase, or word in this Ordinance or any parE thereof is for any reason held to be 2 unconst.itut,ional or invalid or ineffecuive by any court of competent jurisdiction, such decision shaI1 not affects the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The city Council hereby declares thats its would have adopted this ordinance and each chapter, article, section, su.bsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact Ehat any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, cLauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTIoN 5: There being no newspaper printsed, published or circulated in tshe City of vernon, che city Clerk is hereby directed to certsify to Ehe passage of this ordinance and shall post the same, or cause the same to be posted, within fifteen (15) days after its passage in accordance with Section 35933 of the Government Code, in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street alrd Santa Fe Avenue, the northeasts corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board located outside on the wall- near Ehe second floor entrance to the City HaII of said City, locatsed aE 4305 Santa Fe Avenue, all in tshe City of Vernon, County of Los Angeles, State of California. SECTION 5: Book of Ordinances. The City Clerk shaII aCCesE and certify to the adoption of Ehis ordinance and sha1I cause Ehis Ordinance and tshe City Clerk's certificatsion Eo be ent.ered in Ehe Book of ordinances of Ehe Council of this City. The city Clerk shall cause this ordinance tso be pu-blished or posted as required by 1aw. 3 SECTION 7: Effective Date. This Ordinance shaI1 go into effect and be in fuII force and effect ats 12:01- a.m. on the tshirty- first (31st) day after its passage. APPROVED AND ADOPTED this _ day of 20 Name : Title: l(ayor / Mayor Pro-Tem ATTEST: Maria E. Aya1a, CiEy Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney -4- STATE OF CAIIFORNIA )) ss COUNTY OF LOS ANGELES ) I, Maria E. Aya1a, City clerk of Ehe CiEy of vernon, do hereby cerEify that the foregoing Ordinance, being ordinance No. 1250, was duly and regularly introduced at a regrular meeEing of the CiEy council of the Cj-ty of Vernon, heLd in the City of Vernon on Tuesday, March 20, 2018, and thereafter adopEed at a meetsing of said City Council held on Tue sday,, by the following votse: Councilmembers: Councilmembers: Councilmembers: AYES: NOES: ABSENT: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of Ehe City of Vernon. Executed this _ day of , 2018, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 5 EXHIBIT A EXHIBIT '4" CHAPTER 1. GENER,AI, PROVISIONS. *** Sec. 1.9. Desigaatsiotr of Newapaper ia the City. The Verne+-€un]-o s Angeles Wave: The Press Edit.ion, a newspaper of general- circulation *npublrshed nearest to t.he City, is hereby designated as the official newspaper of the City of Vernon for the publicalion of any ordinance, public hearing, or other matEer requiring such pu.blic notice. This secCion is intended only to designate Ehe appropriale newspaper of the City for publication of various 1ega11y required notices. NoE.hing contained herein shaII be deemed tso impose any reguirement of publication not oEherwise imposed by other provisions of law. Nor shall anything conEained herein be constructed t.o affect t,he otherwise required t.ime, frequency, concenE or manner of notice. Sec. 1.9-1. Su$nary of Ordinance. Al-l ordinances requiring publication shal1 be published in Ehe , by reference to t.heir assigned number and t.itIe. The notice shalI advise that the t.it.l-e, the descript.ion, and the fu11 t.ext. of these ordj-nances are available in printed form in the CiCy Clerk's office. Sec. 1.9 -2. Untimely Publication. h t.he event the publicat.ion of an ordinance by tiE.le and assigned number, or any public hearing or notiee, or otfrer matter requiring publication cannot be Eimely published in the --+erne+-€i*n],os Angeles Wave: The Press Edit.ion, then the City Clerk shal_l_ be authorized t.o post said ordinance by t.itLe and assigned number, public hearing, public not..ice, or other matter in accordance with Section 1.10. Exhibit A, page 1 Sec. 1.9-3. Compli:nce with Publicatioa Requiremeuta. The CiCy Clerk shall also comply with any oEher publication requirements imposed by federal or state law as may be applicable to a particul-ar type of ordinance, resolutsion or public notice. Exhibits A, page 2 RFEEETvED ; 'D I MAR t 3 2018 ctilmmmy0[Hcr ffiEf;gmD &?nz-'g NT STAFF REPORT HUMAN RESOURCES DEPARTME DATE: TO: FROM: R.E: March 20,2018 Honorable Mayor and City Council Michael A. Earl. Director of Hum ^on"rourr"?flOriginator: Veronica Avendano, Administrativ6 Secretary Service Pin Awards for Februarv 2018 RecommendetionA. City Council to present service pins to those employees hired in February. Backeround Submitted herewith is a list of employees who are eligible to receive their service pin based on the number of service years with the City of Vemon. Fiscal Impact None. Attechment(s)l. February 201 8 Service Pin employee list. Page I of I tt)gl o^.@aoa.l\oN glJF F o q, oo Fztll F 9,ro q) tt gl 2 zI'gl EI -l IJJ G .go .E (l (l & a zz f f.l STAFF REPORT CITY ADMINISTRATION RECEI\/ED MAR l5 2018 CITY CLERl('S OFIICE DATE: TO: FROM: RE: March 20,2018 Honorable Mayor and City Council 3#;,t.1Tl'#$l;:.,:l:Y,:f #il:::lll,',.n,",y.,8?t't-t( A Proclamation Declaring the Week of March l8th - March 24th as "Childhood Cancer Awareness Week" Recommendstion A. Approve a proclamation declaring the week of March 18-24, 2018 as "Childhood Cancer Awareness Week" to honor a child's determination and bravery to fight the battle against cancer. Backeround The American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age 15. This tragic disease is detected in more than 15,000 ofour country's young people each and every year. One in five of our nation's children will lose his or her battle with cancer. Moreover, many infants, children and teens will suffer from the long-term effects of comprehensive treatment, including secondary cancers. Founded nearly 25 ye s ago by Steven Firestein, a member of the philanthropic Max Factor cosmetics family, the American Cancer Fund for Children and Kids Cancer Conneclion are dedicated to helping these children and their families. The two organizations provide a variety of vital patient psychosocial services to children undergoing cancer treatment at multiple Southem Califomia area hospitals, as well as children's hospitals throughout the counry. They also sponsor Courageous Kid Recognition Awards, pet assisted therapy, family sailing programs, handmade get well cards and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. Their goal is to enhance the quality of life for these children and their families. It is most appropriate that we recognize the fortitude and determination of all children battling cancer; and acknowledge the dedication of the American Cancer Fund for Children and Kids Cancer Connection for their important work in supporting the children and families affected by Page I of2 this disease. The City of Vemon hereby declares the week of March 18-24,2018 as Childhood Cancer Awareness Week. Fiscal Imoact There is no cost associated with this item. Attachment(s) l. Proclamation Page 2 of 2 0fG A PROCI}IMATION OF TITE MAYOR AND TITE CITY COT]NCIL OF TTIE CITY OF WRNON DECI,IIRING TIIE WEEK OF MARCTT 18-24,2018, AS CHrr.DrrOOD CANCER AWARENESS VEEK ll/HEkEAS, tbe tlnericat Carcer Fud for Childnn ard kdr Carcer Cotrrectilr, ,"pon cancer ir lhc badiry cauc of &alh b1 discase anongU.S. cbildna betveen inJatq a age fJteen; a IYHEkEAS, ,hit trdglc d*ear t dcleclcd in mon than 15,a00 oJotr orztry'symgpeopb cach and cterllcar; ard V/HERE4S, one it fae oJon rutiotr's cbildnr bsct his or bcr battb vith cancer; a V/HEREAS, nory infats, childnt and teens nill:$erJnn lotgtmt cfcat oJ anptlnzsitc tnatnmt, irchditguntfury calcer; and WTEkEAS, foanded near! 25 yan ag b1 Stcaer Firutein, a menbcr oJ thc phila*hnpic Max Forlnl cltmeticr [ani!, the Amricot Can'er FtndJor Cbildnn and Kds Canor Conncctioz an &dicatcd to hlpiry tbue childnz ozd tbcirfanifiu; a lYIlEkEAS, lhc Azcricaz CatccrFt Jor Cbildm atd kdt Carccr Comection pruidc a aarie! of vital Ptet t Wborocral smtias to cbildnr azdctgrisg calcer t ?atme tt at Childna's Hos?ital Los Azgrb, Tk CiE oJ Hop, Manel Childnn's Hotpital at UA-4, Cedan-Sizai Medical Ccnter, Jonathan Jaqaa Childnr's Catcer Ce er at Milbr Childnn't Hwpital LoryBeach, l-,os Aryrht Coaz! + USC Mcdical Ccntcr, Harbor-UCLA Mcdical Ccntq Kdser Pmzanete Medical Cnler, at vell as childnn't lntpitzb lbmtgloal lh aa ry; and \V/HEREAS , tbc tlmcricat Catccr Fand for Childnn and Kdt Cancer Comcclion, in orfur to e ata tltc quabry of nfc Jor tlnn cbildnz and lhcirfanilia, oko spwor Comgtou kd kngzitior ,4tardt, Pel rrsirtcd thcrapJ, foaill uilingpngant bardnade gt ucll eordt oad botpital cebbrations in bonor oJa cbills &tenzination ond brawry to fSht tbe banh agizst childhood cancer; and \Y/HEkEAS, the CiE of Vemot visbu to itrdte all rcidcnt and btiruses uitbh tbc Cig olvenol to PrliciPlc il Childhood Caner Apanmss lVeek in botor of cbildnn uho baue btt thdr bter t0 cancer arrd of tlnse wln arc not' n*agtorsll fgbting tln battb agzintt canccn NOIY, THEREFORE, T.IIE ALAYOR AND THE CITY COUNAL OF TI{E CJTT OF 'zRNON, ON BEITALF OF ITS EMH,AYEES, RE.'IDEATTJ,4ND BUSINESSES, HEREBY DEC1-4RES T-IIE WEEKOF MARCII 18.24,2018, AS CITIIDHOOD C,,'NCERAIY,,IRENESS VEEK TIIIS PROCL4M4TION IS BEING PRE.'EATED TO TIIE AMENC4N CANCERFUND FOR CHII'REN INCOKPOKATED,4ND KIDS CANCER OF T.IIE CITY COUNCIL OF THE CITY OF I,GRNON THIJ 2ONI DAY OF M,.IRCH, TIY/O T'I]OUSAND AND EICIITEEN. CITyOT I,?RA'ON B), Meliv Ybara, Malor RECElyED ltAR 18 20t8STAFF REPORT c,ty cltRt( s 0Fr/crCITY ADMINISTRATION DATE: TO: FROM: RE: March 20, 2018 Honorable Mayor and City Council Carlos R. Fandino Jr., City Administrator w ?-rt-wOriginator: Diana Figueroa, Administrative Analyst Presentation of Grantee Certificates and Report on FY 2017/2018 Docket II Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation A. Find that receiving this report on grants awarded by the Vemon CommIJNITY Fund Grant Comrnittee is exempt fiom Califomia Environmental Quality Act C'CEQA") review, because it is an administrative action that will not result in direct or indirect physical changes in the environment and, therefore, does not constitute a "project" as defrned by CEQA Guidelines section 15378; and B. Receive and file this report, as it is being provided for informational purposes only pursunt to Section 2.167(e) of the Vemon Municipal Code. Background On February 21,2018, the Vemon CommUNITY Fund Grant Committee ("Grant Committee") held its second grant award meeting for the 201712018 Fiscal Year. There were four (4) General Grant applicants included on the second docket (listed below) and all four (4) were approved by the Grant Committee at the terms recommended, with a specific request that Neighborhood Music School Association apply their grant toward their scholarship program: Applicant Original Amount Requested Amount Recommended Proposed Term Casa 0101 s40.000 s20,000 I year Latino Equality Alliance $ l 8.428.75 $ l 8,428.75 l year Neighborhood Music School Association (2nd)$50.000 $30.000 l year Plaza Community Services (2nd)$ l 00.000 s32,000 I year Total s208,{28.75 s100,128.75 Page 1 of2 Section 2.167(e) of the Vemon Municipal Code requires the Grant Committee Executive Director (City Administrator) to provide the City Council a report of the grant related actions taken by the Grant Committee within 30 days of any regular meeting and within 15 days of any special meeting at which grants are awarded. Fiscal Imoact The total Docket II grant award amount of $100,428.75 is included in the 2017 /2018 City Budget and is within the recommended quarterly allocation of approximately $106,375 for this fiscal year. Attachment(s) None. Page 2 of 2 RECEIVED MAR l5 2018 CIIY CLERl('S OFFICE RECEIVID IB'520f8 STAFF REPOR CITY CLERK DEPARTM DATE: TO: FROM: RE: March 20,2018 Honorable Mayor and City Council Maria E. Ayala, City Clerk@ . Originator: Matthew Ceballos, Deputy City Clerk Granicus Peak Agenda Managemenl System The City Clerk Depanment will provide a presentation regarding the implementation and features of the Granicus Peak Agenda Management System. Backsround In November of 2017 , the City acquired the Granicus Peak Agenda Management System. Granicus Peak will streamline the agenda process from beginning to end. The system will handle the initiating of staff reports at the depanment level, citywide routing, agenda finalization, paperless posting and distribution. meeting management, and post meeting duties. The program is designed to be inclusive and centralized with appropriate workflows and approval levels in place. Fiscal Impact None. Page I of I CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS Claims for death, iniury to person or to personal property must be filed not later than six (6) months afrerthe occurrence. (Gov. Code Sec.91 12) Claims for damages to real property must be filed not later than one ( 1) year after the occurrence. (Gov. Code Sec.911.2) RESERVE FOR FILING STAMP CLAIM No Were you insured atthe tirne ofthe incident?if so,provide name ofinsurance company,policy numbers and amount ofinsurance 19躙島雪辞ど郡ient. 需淵l∥駆器棚柵糧塁i鑑 鍋躍咄翫品謁ぴ記are still gahettng records a ttmou嶋 this tirne. 鵬 報♂鷺鶴W晰 晋Ъ路鵠 TH∝はJS READCAREFULLY For an accident claims place on fo∥owing diagram names of streets,inciuding North,East South,and West indicate place of accident by"X"and by showing house numbers or distances to street comers lf City Vehicle was lnvolved, designate by letter'A" location of City vehicle when you first .s-aw.it, and by "8" location of yourself or vour v6hicle when you first saw Citly vehiclb; location of City vehicl6 at time of accident by 'A-1 " and location of yourself or your vehicle at the time of accident by "8 1" and the point of lmpact by "X." NOTE: tf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS 回 Srere or ceurontlr D€PARIT'ENT OF CALIFORiIIA IIIGHIMY PATROL TRAFFIC GOLLISION REPORT l.-.DiST.09r25r17(GG)ーOPlCHP555 Page l(Rev 4‐11),OP1 060■嘔Fい 0171675 'PECIAL CONDIT10NS 時UMEER Iヽ 母URED OATE OF COtL S10N(MO DAY VEAR) 1‐DR'′ER2T06‐PASSCNGERS7-STAT`ON WACON ReAR 3‐REAR OCC TRK OR VAN 9‐POSlnON UNKヽ Oヽ OF COLLIS10N(MO DAY YEAR) PA‐NIGEROLY EXTENT OFiNJURY(“X"ONE) E CERDA#575 9/21/2017 T D SANTOS#545 STATE OF CALIFORNIADEPARTMENTOFCALIFORNIA HIGHWAY PATROL:NJURED′W:TNESS′PASSE∥、“RS LORIA ヽME′DOB′ADDRESS ALEB AARON SIMS CR20171675 CR20171675 USC MEDICAL BLE FRACTURE LEFT KNEE′LACERATION FOREHEAD′MISC CUTS 22/2017 Chp55,_“1l pdf -rrE (a.cc)\';ii* lj;€ uO‐ 5呵 砒 +1Ao■ n-21…1¬ IRCWCWは …・ AM● CHP 555-Pa9●4(R eV:,‐35)OP:042 ! ご “ 32 ^LL MEASuREMENTS ARE も 野 ":。 舗脳D癬 罹:nttT:よ 腎毎 NЮ Date1 9′21r2017 10:50:06PM Page 1 of 2 ЬmF」絆 CR20171675 Case Number: 0 Narrattve Tlle: TRAFF:C COLLIS:ON REPORT NOTIFICATION: On 09121n017 at approximately 0610 hours, Officer G. Henera was dispatched to an injury traffic collision at the intersection of Soto Street and 54th Street. Officer Henera activated his overhead lights and siren, responding Code-3 ftom 4800 Pacific Boulevard, aniving on scene at approximately 0611 hours. I responded from Boyle Avenue/ Slauson Avenue and anived shortly thereafter. All speeds and measurements are approximate. The measurements were taken with a rolatape. SCENE: This collision occured near the T-lntersection of Soto Street and 54th Streel The intersection has raised concrete curbgsidewalks. There is a paanted pedestrian crosswalk on Soto Street, south of $4th Street that allows pedestrian trafiic to cross onto the west or east side of Soto Street. Soto Street is an asphalt paved City Street with two nortfibound and two southbound lanes. The northbound and the southbound lanes are divided by a painted solid double yellow line north of the intersection and a painted trivo-way left turn lane south of the intersection. The lanes that run in the same direction of travel are divided by painted broken white lines. There is a left turn lane for southbound traffic on Soto Street to tum onto eastbound th Street. 54th Street is an asphalt paved City Street wih one eastbound and one westbound lane- The eastbound and westbound lanes are divided by a painted solid yellow lines. There is a stop sign and painted limit line for westbound traffic on 54th Street at Soto Street. PARTIES: D-1 (Palma) was standing on the east sidewalk of Soto Street, north of 54th Street when I anived. D-1 identified himself with a valid Califomia Driver License as Robert Ortega Palma (CDL #N7703475). D-l was determined to be the driver of V-1 by the statements of W-l, the evidence at the scene and by D-1's own admission. D-1 said he did not sustain any injuries as a result of this traffic collision. V-1 (Chrysler/Town&Countryvan/White) was stopped along the east curb of Soto Street, north of 54h Street. V-1 sustained minor to no damage to the fiont end of the vehicle. The minor damage was in Ure form of a bent antenna. Pedestrian-1 (4tun) was laying in the #1 northbound tane of Soto Street, approximately 48-feet north of the crosswalk. Pedestrian-1 identified herself with a Califomia ldentification as Gloria E. Ajtun (CDL #A8576731). Pedestrianj (Ajtun) sustained a possible broken knee, laceration to her forehead, miscellaneous scrapes, cuts and scratches as a result of the collision. W-1 (Sims) was stopped in the #1 southbound lane of Soto Street during the time of the collision. W-1 identified himself with a valid Tennessee Driver License as Caleb Aaron Sims (TDL #1'15207997). OTHER FACTUAL INFORMATION: The Vernon Fire Depa(ment was already on scene when I arrived. Vemon RA78 paramedics Schauster and Sudduth provided medical attention to Pedestrian-1 at the scene. She was subsequently transported to USC Medical Center for her injuries. Officer G. Henera and Officer P. Swinford anived to assist. Officer Henera obtained the peGonal information and a statement from Pedestrian-l. Otficer Swinford obtained the personal information and a statement from W-'l . STATEMENTS: D-1 (Palma) said he was traveling northbound in the #1 northbound lane of Soto Street at approximately 35 MPH. D-1 said he did not see anyone in the crosswalk as he approached 54th Street. O-1 said as he was about to drive past the crosswalk, he saw 5€ people in the crosswalk. D-1 said he swerved to the lefr to avoid a collision, but hit Pedestrian-1. D-l said he then pulled over toward the curb. D-l said he did not knolv if Pedestrian-'l u€s flung afier the initial contact or if he had canied her on the hood of V-1. D-1 said there were no mechanical problems with Vl . Pedestrian-1 (Ajtun) said she exited the bus on Soto Street and proceeded to the cro$9walk. Pedestrian-l said she crossed the street in the crosswalk and sew V-1 travellng northbound Soto Street. Pedestrian-1 saw V-1 was not stopping, so she fumed around in the crosswalk away fiom V-1. Pedestrian-l said she was then hit and did not remember anything aler she was hit. W-1 (Sims) seid he was southbound in the #1 southbound lane of Soto Street, approaching 54th Street. W-1 said he came to astop for pedestrian traffic crossing eastbound in the crosswalk (approximately 5 to 7 pedestrians). W-1 said he saw V-1 northbound in the #2 northbound lane of Soto Street. W-l saw the group of pedestrians crossing the street scatter, V-1 Agency: Vomon Police Departm Officer lD/Name: 575 \ cERoA, EI)tr€NIO Date: 912112017 l0:50:06P Page 2 ot 2' t Locatlon Duv Number: CRilO17l675 Case Number: 0 Narra∥ve Tlle: TRAFF:C COLL:S:ON REPORT swerved into the #1 northbound lane hitting Pedestrianl. Pedestrian-1 fell onto the street and V-1 continued northbound Soto Street and stopped in the #2 northbound lane of Soto Street, north of the intersection. W-1 said he then called g-'l-1 . OPINION AND CONCLUSION SUMMARY: V-1 was traveling northbound at approximatety 35 MPH, approaching 54th Street, in the #1 northbound lane of Soto Street. Pedestrian traffic was crossing eastbound in the Soto Street crosswalk at 54th Street. D-1 swerved toward his bn to avoid the pedestrians and subsequently hit Pedestrian-'l. Pedestrain-t was either thrown approximately 48-fuet north of the crosswalk or was canied 48-feet norlh of the crosswalk on the hood of V-1 and came to rest in the #1 northbound lane of Soto Street. After the collision V-l pulled over along the east curb of Soto Street, north of tfth Street. AREA OF IMPACT: The Area of lmpact was determined by lhe stiatements of D-1, Pedestrian-l, W-'l and the evidence at the scene. A.O.l. #1 is 1g-feet west of the east curb line of Soto Street and 12-feet south ofthe south curb line of 54th Street. CAUSE: The cause of the collision was determined by the statemenE of O-1, Pedestrian-l, W-1 and the evidence at the scene. D-1 caused this collision by being in violation of vehicle code section 21950(a) CVC - The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadrryay within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otieMise provided in this chapter. RECOMMENDATIONS: None Submitted by: fficer E. Cerda *.575 Reviewed by: Sgt. O. Santos #545 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MARCH 6, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, Martinez and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Councilmember Davis led the flag salute. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos 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. Antonio Chapa, District Director for the Office of First District Supervisor Hilda Solis, introduced new office staff and spoke about upcoming events and a desire to coordinate with the City. PRESENTATIONS 1. Life-Savings Award Presented by: Anthony Miranda, Police Chief Police Chief Anthony Miranda provided the Life-Savings awards to Police Sargent Jerry Chavez, Police Officer Maria Madrigal and Police Officer Fernando Valenzuela. Councilmember Lopez joined the meeting at 9:03 a.m. Vladimir Levis spoke about his experience and thanked the awardees for saving his life. CONSENT CALENDAR No public comment was provided. It was moved by Woodruff-Perez and seconded by Davis to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 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 Regular City Council Meeting Minutes March 6, 2018 Page 2 of 6 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: 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, Regular City Council Meeting Minutes March 6, 2018 Page 3 of 6 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 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. Resolution No. 2018-07 - 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. General Manager Kelly Nguyen reported on the proposed. No public comment was provided. Regular City Council Meeting Minutes March 6, 2018 Page 4 of 6 It was moved by Woodruff-Perez and seconded by Martinez to adopt Resolution No. 2018-07. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 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 General Manager Nguyen reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Martinez to 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 Authorize the City Administrator to execute an Engagement Letter Agreement with Morgan, Lewis & Bockius, LLP. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Public Works 14. Resolution No. 2018-08 - 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 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 Regular City Council Meeting Minutes March 6, 2018 Page 5 of 6 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. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. It was moved by Martinez and seconded by Woodruff-Perez to adopt Resolution No. 2018-07. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 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. Director Wall reported on the proposed. Mayor Ybarra inquired about various improvement and alterations to the units. Director Wall responded with the technical information. No public comment was provided. It was moved by Davis and seconded by Martinez to approve 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 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 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. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Regular City Council Meeting Minutes March 6, 2018 Page 6 of 6 Martinez: Yes Lopez: Abstained ORAL REPORTS 16. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: Fire Department Class One designation evaluation by the Insurance Services Office; ongoing Fire training; a March 1st CalPERS pension reform meeting; the upcoming Vernon Housing Commission meeting on March 14th; ongoing 2018/2019 Budget Planning; and City Hall security measures. Police Chief Miranda provided a brief summary of the ongoing evaluation of City Hall security measures. A dialogue ensued between the City Council and staff regarding the elements and details of the security measures. City Administrator Fandino continued his reports on the following: The City’s Spring Egg- stravaganza on March 22nd. 17. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Prior to entering into closed session Senior Deputy City Attorney Brian Byun announced the known facts and circumstances of one of the cases in closed session, being that it involves an environmental investigation and clean-up of a hazardous waste landfill in West Covina. At 9:31 a.m., the City Council entered into closed session to discuss the following agendized items: 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 At 10:14 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported that 4 items were discussed and that no reportable action was taken. With no further business, at 10:14 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. 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IJJo tf U) IJJt IJJoz z lJ- FEotr UIE EL Fo O!{lU==>==E: i=o*<.d]U==g, c) .:EFEt6=;!ac o) o- ..*,.883(,! ilBE EiEtr- >oc, aa -{= !EE()abSoo EE€H fEEE EEg:cE?Ih=€ o ; taE. € XE: EFo(U(Etr c)oE(E .=xll8b Eo(!ii :i =o .ic 50 0 tilrH fHEEb o,i:; B E 85irE;hE9eE6bE*qEi EtEIEEEseE;€5EE: sEE tESaIsl--:=vL3E€PS etxE#O OE.!2 (!-c -o c (E > -(E(E(,(E @ oN a(!,oolt oc,co tN tuJFoouJEFz tt{eBP -d)x>dEisG(J c;z @: 01107118 - 01120118, Paydale 0?,O1l18 01t21t18 - 02t03118, Paydate 02115t18 01t21t18 - 02103118, Paydab 0?y15t18 PaymentMethod Date Payment Description Amount Checks ACH ACH Checks ACH ACH Checks ACH ACH 02101118 02t01118 02101t18 02t15t't8 0?,15118 0?,15118 02t15t18 0?,15t18 02115t18 Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes s 13,510.19 907,658.46 260,955.52 12,834.56 u2,357.21 218,860.80 8,725.65 352,111.09 162.794.73 2,779,808.21 45,482.53 242,740.73 2,616.91 955.22 408.74 3,468.&t 3,354.00 1,861.73 40,380.50 246,060.74 2,616.91 2,790.00 955.22 408.74 3,354.00 1,861.73 60,154.62 659,470.96 $ 3,/89,279.17 Total net payroll and payroll taxes ACH ACH ACH 356905 356924 ACH ACH ACH ACH ACH ACH ACH 357037 357057 ACH ACH ACH ICMA CaIPERS Califomia State Disbursement Unit Franchise Tax Board U.S. Dept of Education IBEW Dues Vemon Firemen's Association Vemon Police Officers' Benefit Association ICMA CaIPERS Califomia State Disbursement Unit Teamsters Local 9l l F6nchise Tax Board U.S. Dept of Education Vemon Firemen's Association Vemon Police Officers' Benefii Association ICMA Payroll relatod dlsbuEements, paid through General bank account Total net payroll, taxes, and related disbursements 59o;o;o5on o- 6 (,_Yg E3E o@O. 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English Fire Chief BKE:ar FIRE DEPARTMENT 4305 Santa Fe Avenue, Vemory Califomia 90058 Telephone(323)5838811 Eax(323)82G14M March 1,2018 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the Vemon Fire Department Activity Report which covers the period of January 16,2018 through January 31,2018. Respectfu lly Submitted, lE4c fus ia e fy I n[us tria I ACTTVITY TYPE FIRE PREVENTION: Regular Inspections (#) : ReJnspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT GOURS): Planning District Familiarization Total Hours: PERIODIC TESTfiOURS): Hose Testing Pump Testing VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 16,20f8 to January 31' 2018 This Period Last Year Last Year To Date 79 113 206 79 255 256 261 4 62 1123 This Period This Year To Date 67 5 0 72 l19 168 79 250 257 258 9 85 73 46 136 t36 134 9 l4 28 l6 50 94 148 26 J 50 109 34 127 128 r30 2 24 554 47 I 0 48 78 568 I 106 106 111 217 5 0 96 95 l9l 168 175 343 t77 208 385 2 2 2 2 2 0 Total Hours: Page I -\a-: PUBLIC SERVICE PROGRAMS (HOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE GOURS) : Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivitv 16 0 24 40 258 2s8 264 780 2435 12 0 l3 25 137 tf4 137 408 1298 2 0 t7 19 2s3 257 266 776 2413 2 0 1l 13 t29 132 r32 393 1268 Page 2 RECEIVED MAR 13 20t8 CITY CIERI{'S OFFICE FIREDEPARTMENT 4305 Santa Fe Avenue, Vernon, Califomia 90058 Telephone (323) 58&8811 Fax (323) 82G7407 RECEIVED uAR 01 ?018 c\TY l\D iir\i ilslRAll0t{ & e'o-'g March l,2018 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the Vemon Fire Departrnent Activity Report which covers the period of February 1,2018 tkough February 15, 2018. Respectfu lly Submitted, Fire Chief BKE:ar : Fireletnow E4cftuive$ In[tutriaf ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): Re-Inspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT fiOURS): Planning District Familiarization Total Hours: PERIODIC TEST GOURS): Hose Testing Pump Testing VERNON FIRE DEPARTMENT COMPANY ACTIVITIES February 1,2018 to FebruarY 15' 2018 This Period Last Year Last Year To Date This Period 103 45 14f 147 142 21 46 647 110 ll6 226 0 0 This Year To Date 119 7 4 130 211 t753 287 124 611 35 0 5 40 77 2 0 134 225 301 115 l8'1 389 390 4 82 1668 267 274 541 52 2 4 58 92 27r 124 393 404 400 30 131 95 36 112 133 129 0 20 545 63 16 55 99 99 r98 5 0 4 2 Total Hours: Page I PUBLIC SERVICE PROGRAMS GOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE GOURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivity 20 0 46 66 386 391 398 t175 3821 4 0 22 26 128 133 134 395 2 0 40 42 383 388 402 lt73 3655 0 0 23 21 130 131 136 397 1242 Page 2 RTMENT ,fl',m:",:;,i;;u:'1""'1fa?il;H;? March 7,2018 Honorable Mayor and City Council City of Vemon Honorable Members: Anached is a copy of the vemon Fire Department Activity Report which covers the period of February 16,2018 through February 28,2018. Respectfirlly Submitted, eh,/" K fd-A Bruce K. English Fire Chief BKE:ar : Fireletnow lE4c tusiv e $ I nltu t ria t VERNON FIRE DEPARTMENT COMPANY ACTIVITIES February 16, 2018 to February 28,2018 ACTTVITY TYPE FIRE PREVENTION: Regular lnspections (#): Re-lnspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING fiOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT fiOURS): Planning District Familiarization Total Hours: PENODIC TEST fiOURS): Hose Testing Pump Testing This Period Last Year Last Year To Date This Period 88 147 This Year To Date 199 13 6 218 358 370 416 786 80 6 2 44 4 3 107 20 58 185 296 2115 342 335 677 5l 71 350 154 495 505 501 35 162 2202 79 30 102 r0t 101 5 3l 191 141 489 491 492 4 107 90 26 102 102 102 0 25 447 t36 75 61 4 2 0 0 83 92 175 2 t., 7 0 Total Hours: Page I PUBLIC SERVICE PROGRAMS fiOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE (HOTJRS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivitv 4 0 4 8 2t 0 72 9f 491 494 504 1489 I 0 26 27 6 0 44 50 104 103 109 316 487 491 511 1489 105 103 106 314 l114 49354633918 Page 2 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT Keith Allen, Drector / Health Officer 4305 Santa Fe Avenue, Vemon, California 90058 Telephone (323) 5838811 March 20,201E Honorable City Council City of Vernon Vernon, California Honorable Members: Attached is a listing highlighting the monthly activities for the Health and Environmental Control Department which cover the period from February l, 2018 through February 28, 2018. Respectft lly submitted, /u-72- Keith Allen Director E4ctusiaefy Inlwtritf gnoMo?g' February, 2018 MONTHLY REPORT Keith Allen, Director HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT FEBRUARY,2018 HAZARDOUS MATERIALS CONTROL Our staff continued to conduct routine inspections and assisted business representatives to properly complete annual Hazardous Materials Business Plan forms using the new Califomia Environmental Reporting System (CERS) which allows electronic submiftals of hazardous materials inventories and permit information. Zero Class 1 violations were found, 49 Class 2lMinor violations were noted during routine inspections performed of hazardous materials facilities. Department staff will continue to monitor these facilities to ensure that all violations have been corrected. Please note: According to The California Department of Toxic Substances Control (DTSC), violation tlpes are defined as: Class I Violation: The Health and Safety Code (HSC) section 25110.8.5 defines a Class I Violation as a violation that is a significant threat to human health or safety or the environment because of volume, hazardousness, and/or proximity to population at risk. A Class I Violation is also a violation that could result in a failure to ensure adequate financial assurance, perform conective action or emergency cleanup; or a repeating Class II Violation committed by a recalcitrant violator. Class II Violation: The Califomia Code of Regulation (CCR), title 22, section 66260.10 and Health and Safety Code (HSC) section 25110.8.5, subdivision (b) define a Class II Violation as a violation that is not a Class I Violation and does not meet the conditions of a Minor Violation. Minor Violation: The Health and Safety Code (HSC) section 25117 .6 defines a Minor Violation as a subset of a Class II Violation that is not knowing, willful or intentional, does not enable the Respondent to gain an economic benefit for noncompliance, is not chronic or is not committed by a recalcitrant violator. Closure and cleanup activities included the ongoing site assessmentVclosure at Exide Technologies on lndiana Street, the former Pechiney facility on Fruitland Avenue, and 4060 E. 26th Street at the former U.S. Fertilizer site. aaaa The Health Department continued to be an active participart with the Exide Technologies closure. Director Keith Allen engaged in regular conference call and in-person meetings with DTSC and other supporting agencies. As a reminder, the City's website has an Exide information page for the public to obtain information. aaara UNDERGROUND TANK PROGRAM No underground storage tanks were removed during the month. A total of three USTs were inspected, yielding one violation, which was corrected. FOOD PROGRAM Staffconducted inspections of the food facilities throughout the City as part of a routine basis by the Deparfinent. No major violations were noted during these inspections. Environmental Health Specialist Erik Cheng conducted several plan checks and construction inspections of proposed remodeling and new construction for food facilities. Erik also monitored construction progress of new food facilities. aaraa EI\TVIRONMENTAL PROTECTION Health Department staffinspected 23 garment manufacturing facilities and found no major violations. Greater LA County Vector Control District (GLACVCD) continues to provide mosquito control services throughout the City. For all mosquito related complaints and services, please call the GLACVCD at (562) 944-9656. The City has this information available on the Health Department's website as well. aaaa SOLID WASTE PROGRAM Environmental Health Specialist Gloria Valdivia conducted inspections of solid waste facilities throughout the City as part ofa routine basis by the Department. No violations were noted during these inspections. raraara EMERGENCY RESPONSE The month yielded two emergency responses; 100 gallon fuel additive release at an oil production plant, hazmat spill of corrosive material on District & 50'l' St from a leaking truck, a fire sprinkler discharge at a food processor, a fire sprinkler discharge at a food processor, a fire sprinkler discharge at a food warehouse, and spilled coolant at a rail yard. aaaa MISCELLAI\IEOUS The Department continues to work with IT on upgrading the Envision Connect system. Envision Connect is the field inspection computer software that tie Department uses to perform inspections and conduct permit billing. END H News Release CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR !MMEDIATE RELEASE February 14,20'18 PH18-012 CONTACT: Corey Egel | 91 6.440.7259 | C DPHoress@cd oh. ca.oov Consumers Warned about Certain Cactus lmported from Mexico due to Health Risk SACRAMENTO - The California Department of Public Health (CDPH) and the today warned people not to eat cactus pads, or nopales, imported from Mexico sold at specific retail and wholesale locations around the state due to the presence of unapproved pesticides. Routine surveillance samples collected by DPR inspectors found various pesticides, including dimethoate, omethoate, monocrotophos and methidathion, at levels that pose a health risk to humans. Both monocrotophos and methidathion have been banned for food use in the United States for several years. 'Anyone feeling ill after consuming cactus products should consult their health care provider," said CDPH Director and State Health Officer Dr. Karen Smith. "The symptoms of acute poisoning may include sweating, headache, weakness, nausea, vomiting, hypersalivation, abdominal cramps, and diarrhea. Consumption of monocrotophos can lead to neurotoxicity and permanent nerve damage.' DPR sampled contaminated cactus pads that were offered for sale to consumers and wholesale customers between January 23-29 at the following locations: . Rancho San Miguel Markets, Maderao La Monarca Market, Lower Lakeo FreshPoint Central California, Turlock. Arteaga's Food Center, Sacramentoo Stater Bros. Distribution Center, San Bernardino. S&L Wholesale Produce, San Francisco DPR immediately removed the cactus pads it could locate from store shelves and distribution centers. The items were quarantined or destroyed so that they do not pose a threat to consumers. However, DPR believes it is possible that some of the cactus pads may have been sold to other stores in California, Nevada and Oregon. The tainted produce was packaged with the brand names "Mexpogroup Fresh Produce," 'Aramburo," or "Los Tres Huastecos". 'Many Californians eat cactus as part of their diet, but the pesticide levels we have found at some specific locations are concerning,'said Brian Leahy, DPR director. 1ly'e are not aware of any illnesses that have been reported to date, but we suggest that anyone who bought this product from these locations recently, return it to the place of purchase or dispose of it in the garbage." Washing or peeling the cactus is not effective and people should not try to salvage any of this contaminated produce. CDPH and CDPR have alerted the U.S. Food and Drug Administration about the issue Consumers that observe the product being offered for sale are encouraged to report the activity to the CDPH toll free complaint line at (800) 495-3232. www.cd ph.ca.oov REeEfl\{F: MAR 13 2018 CflCITRKSOIIICE ^^1Pjl'":,.?.T:#YjlJ." g-r?^t( 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 587-5-171 Fax (323) 826--1487 March 1,2018 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from l2:01 a.m., February 16,2018 up to and including midnight of February 28, 2018. Respectfully submitted, VERNON POLICE DEPARTMENT ANTHONY MIRANDA CHIEF OF POLICE AM/ar factus ia e{y I nlus trin I 0f@ REGEfl[fED I CITY ADfilITISTRAI'0ru VE RI{O I,{ PO LI CE DE PA RTME NT Deportme nt Activity Report Jurisdiction: vERNoN Fhst Date: o2t16t2oia L6l Dole: o2r2at2o1a Depu nrc t Contploint TIpe Description All Unils Print4' Unil vPI) 10-6 10-96H 10-96M 140 144 166R 20001 20002 20002R 211R 242 242R 415 417R 422R 459A 459R 45gVR 444 484R 487R 594R 602 901 9017 9OlTR 9027 9O2TR 909C 909E 9097 911 911A 917A 925 A459 AGTAR ASTVFD BOSIG AOVEH CITCK CODE5 coP OARE DEMOSTRA DET oFFtcER ts 10-6 c7,961 .962.10-10. WASH. EQUlpt\ PICK UP THE JAIL PAPER WORK FROM HP JAIL 10.96 MARY (MAIL DETAIL) SUPPLEMENTAL REPORT OBSTRUCTION OF JUSTICE COURT OROER VIOLAION REPORT INJURY HIT ANO RUN NON.INJURY HIT AND RUN NON.INJURY HIT AND RUN REPORT ROBBERY REPORT BATTERY BATTERY REPORT DOMESTIC VIOLENCE DISTURBING THE PEACE BRANDISHING A WEAPON REPORT TERRORIST THREATS REPORT AUDIBLE BURGLARY ALARM BURGLARY REPORT BURGI-ARY TO A VEHICLE REPORT PETTY THEFT PETTY THEFT REPORT GRAND THEFT REPORT PARKING PROBLEM VANDALISM REPORT TRESPASS UNKNOWN INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION REPORT NON-INJURY TMFFIC COLLISION NON.INJURY TRAFFIC COLLISION REPORT TRAFFIC CONTROL TRAFFIC ENFORCEMENT TRAFFIC HAZARD 911 MISUSE / HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE SUSPICIOUS CIRCUMSTANCES ATTEMPT BURGLARY ATTEMPT GRAND THEFT AUTO REPORT ASSIST VERNON FIRE OEPARTMENT BROKEN SIGNAL OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK SURVEILTANCE/STAKE.OUT COP DETAIL DARE ACTIVITIES DEMONSTRATION DETECTIVE INVESTIGATION 127 J 6 2 2 20 2 J 4 4 o 4 140 1 10 6 4 JJ 4 14 4 12 ,| 33 3 4 17 1 6 7 3 34 2 1 26 't7 2 J 1 b 34 9 2 4 2 I I I I 8 I I I I 2 2 2 67 I 2 4 27 'l I 4 I 20 2 t2 I 4 6 3 l4 I I t3 2 t2 2 I 2 I 4 t6 03/01/2018 07:12:51 Poge ttl VE RNON POLICE DEPARTMENT Department Activity Report Jurisdktion: VERNoN Firsl Dote: o2t16t2o1' LosI Date: o2r2at2oii Dep( nrc t Comploirtt Tlpe Desciption All Unils Prino4'Unit vPD DETAIL DPTAST FILING FOUND DETAIL OEPARTMENTAL ASSIST OFFICER IS 106 REPORT WRITING FOUND PROPERTY REPORT J b 65 a 3 4 62 I 9 I 6 I I I I I 2 I 5 t0r 4t I l2 3 4 I I 2 2 t26 I 65 2 2 I FU FOLLOW UP o 1 '11 1 1 1 1 1 6 2 b 116 71 2 12 '10 4 4 2 7 2 16'1 1 81 2 2 1 GTAR LOJACK HBC HAILED BY A CITIZEN JAILPANIC TESTTHE JAIL PANIC ALARM EUTTON K9 TRAINING K9 TRAINING REMINDER. OBTAIN LOCATION LOCATE LOCATED VERNON STOLEN VEHICLE GRAND THEFT AUTO REPORT LOJACK HIT MISPR MISSING PERSON REPORT MUTUALAID MUTUAL AID PANIC ALARM PANIC ALARM/DURESS ALARM PAPD PUBLIC ASSIST.POLICE PATCK PEDCK PLATE PATROL CHECK PEDESTRIAN CHECK LOST OR STOLEN PLATES REPORT PRSTRAN PRISONERTMNSPORTED REC RECOVERED STOLEN VEHICLE RECKLESS DF RECKLESS DRIVING (23103) REPO REPOSSESSION ROADRAGE ROAD RAGE RR RAIL ROAD PROBLEiiI SPEED SPEED CONTEST OR SPEEDING (23109) TEST TEST CALL TRAFFIC STOI TRAFFIC STOP UNATTACHED UNATTACHEDTRAILER VCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE VMCVIO VERNON MUNICIPAL CODE VIOLATION WARRANT WARRANT ARREST WELCK WELFARE CHECK 23 9 Deparlt rcnl:1260 868 Overoll:t 260 li68 03/01/2O1E 07:12:51 Pge of POLICE DEPARTMENT VERNON PROPERTY RECOVERED VEHICLES: 53.500.00 PROPERTY RECOVERED FOR OTHER DEPARTNIEn*TS VEHICLES: S14.000.00 NO. t9 t2 7 I J 4 I 9 l3 l0r 47 t48 59 4t I I 6 2 Police Activity Report Period Ending: 02128118 TRAFFIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) Hit & Run (Felony) Persons Injured VEHICLES STORED Unlicensed Driver Abandoned"/Stored Vehicle Traffic Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARREST ARlS-0s8 CRlS-0227 459 PC ARr8-060 CRl3-0262 484(A) PC ARl8-061 CRl8-0264 l1364(A) HS ARt8-063 CRl8-0272 10851(A) PC ARl8-064 CRl8-0278 594(A)(r) PC AR18-066 CRl3-0279 r66(A)(4) PC ARl8-069 CRl8-0293 459PC ARl8-070 cR18-0300 213.5(A) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING: 2/28/2018 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED ]UVENILES (FELONY AND MISDEMEANOR) TO DATE: 27 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY 2 2 GRAND THEFT AUTO 1 1 INFLICT CORPOML IN]URY ON SPOUSE 1 1 THREATED CRIME WINTENT TERRORIZE WARMNT (VERNON CASE)1 1 2 WARRANT TOUTSIDE AGENCY) TOTAL FETONY ARRESTS 4 2 6 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL CONTEMPT OF COURT I 1 DISORDERLY CONDUCT DRIVING UNDER THE INFLUENCE 3 3 PETry THEFT 1 1 POSSESS CONTROLLED PARAPHERNALIA 1 1 VANDALISM 2 2 WARMNT (VERNON CASE)Z 2 WARMNT (OUTSIDE AGENCY 4 4 TOTAL MISD. 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S -;oF : ooc)Fc)o : N'n-o -S Nrrrr|..r-N a ;arcj- \- E Nc!6!Bto qo -$G \r^Q> ator!lt () ooo o d o oo'ri o o .r,si (b d r- i: c.ro - NN :,EH*EUzozE LIJ rF ::=fiEBE6 7A-<_i-.s d!u di<<.iA<<92o=aaEPE=EoO=3e3frIfr oooooo().(!(I(L(!II 9 q Ez9 *=sff r'E j -z=o+z-Ei EHftE s?<d Yl3N!l g& < TIJ>I zIo @ @ F(! o.E 9!a 3ts ozi.9t!=<utr> lfzlaY>su**g>=< JS <UJo<e9d4<fEO I oo; o- o-di >> e !o l t-@ € oooo-[o-a _s iio Fo -E 9!6 *ioi !.= !:-es<a -e!: a .s e \.) AQ aa\ s\)os lla S li S { r3q a) ;\.t\l \ \ \) *t\' \ $a( s { \) F\kk)\s|\ n<\n tr)aI \)o \ea tsr( s zoze, UJ s.= RECE'\ ED lt,lAR I 5 2018 CITY CTERK'S OFFICE RECEryEE MAR I 2 2iit8 CIIl/ ADMIL!ISIRAT,ONSTAFF REPORT PUBLIC WORKS DEPARTMENT @3-N-X DATE: TO: FROM: RE,: March 5, 2018 Honorable Mayor and City Council Daniel Wall, Director of Public Works Originator: Wendy Herrera, Permit Technician MONTHLY BT]ILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month ofFebruary 2018. Thank you. City of Vernon Building Department Monthly Report from 211120'18 lo 212812018 Type # of Permits Commercial - Remodel Electrical lndustrial - Addition lndustrial - Remodel Mechanical Miscellaneous Plumbing Roof February 2018 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL February 2017 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $61,200.00 $2,480,389.00 $48,000.00 $44,000.00 $361,000.00 $703,100.00 $182,790.00 $265,250.00 3 $4,145,729.00 49 $5,887,530.00 56 $10,033,259.00 $2,478,577.00 $2,169,450.00 $4,648,027.00 2 12 1 4 5 15 105 37 36 Director of Public Works City of Vernon Building Department Major Projects from 211120181o 212812018 valuations > 20,000 Permit No.Proiect Address Tenant Description Job Value Commercial . Remodel B-2017-2145 'l Electrical B-2017-1961 B-2017-1957 2520 ALAMEOA ST APN 0302009045 Record(s) 2651 45TH ST APN 6308005021 4380 AYERS AVE APN 6304001018 5801 2ND ST APN 6308018023 2716 VERNON AVE APN 6308005018 Cafe Dulce CRL-US Aluminum Jobbers Meat Packing My/Mo Mochi Tenant improvement of exisiting flrst floor core and shell space to be a 1 192 sf coffee shop Provide electric€l service to building. Provide electrical lighting in warehouse and electrical to package units on roof. Provide electrical for tenant improvement areas - lights, plugs ect. Provide electrical service to building. Provide electrical lighting in warehouse and electrical to package units on roof. Provide site light. Provide electrical to tenant improvement areas - lighting, plugs etc- Switchboard and panel schedule equipment installation and modification. Solar photovoltaic on commercial rooftop 198 kw pc New shipping office. New raised floor and new canopy. New boiler room. Build out 3olnft of 36' high wall W 2 openings. Provide (6) mechanical roof top units. Provide exhaust fans in warehouse (2) provide unit heaters in warehouse. Provide ducting, registers etc for olfice build out. 60000 960,000.00 283129 207700 8.-2017-2333 B-20',t7 -2265 1800000 144200 4 Record(s) lndustrial - Addition 8-2017-1996 3336 FRUITLAND AVE APN 6310002015 1 Record(s) lndustrial - Remodel 8-2018-2498 5563 ALCOA AVE APN 6310008008 $2,435,029.00 48000 $/t8,000.00 22000 $22,000.00 150000 1 Mechanical B-2017-1958 Record(s) 2716 VERNON AVE APN 6308005018 B-2Q'17-1962 2651 45TH ST CRL-US Aluminum Provide mechanical roof toP APN 6308005021 package units (10) on roof. Provide exhaust fans in warehouse (2) provide unit heaters in warehouse. Provide ducting, registers, etc for office build out. 8-2018-24/,0 2200 27fH ST Refrigeration equipment and APN 6302007026 installation. B-2018-2502 5563 ALCOA AVE lnstallation of a parker 48 HP APN 6310008008 boiler. F/w 8-2018-2428. 95000 60000 50000 8-2018-2460 3751 SEVILLE AVE Fashion Nova lnterior storage racks - See fire APN 6302020040 permit F-2018-0871 for high pile storage Proposed pump room New foundations lnterior storage racks. See fire permit F-20'17-0850 for high pile storage 8.2018-2454 3883 SOTO ST FJ Food Service lnstall new support structure and 4 Record(s) Miscellaneous 8-2018-2504 4525 D|STRTCT BLVD APN 6304020021 8-2018-2500 1840 27TH ST APN 6302009028 E.2018-2480 s300 BOYLE AVE APN 6310008020 8-2017-2379 1840 27TH ST APN 6302009028 APN 6302020059 8-2018-2514 5555 o|STRTCT BLVD APN 63'14019013 Record(s) Plumbing P.2017-2283 2500ALAMEDA Dulce APN 6302009043 8-2018-2529 3883 SOTO ST APN 6302020059 Remove damage asphalt in parking lot. lnstall new concrete paving. foundation to support to evaporator from coils. Structural foundations for new substation Hot and cold water lines, sewer lines and gas lines for kitchen equipment. New coftee, donut shop plumbing Pipe re hang and install over oven, new floor drains, new sink. Above ground piPing. Recover 6,500 sq.ft. of existing roof with an R-30 (2 layers of 2.6") Polyiso insulation fully adhered and 60 mil PVC fully adhered. Re-roof $355,000.00 r 14940 95000 35000 40000 295000 25000 30000 $634,940.00 30000 125000 2 Roof Record(s)$155,000.00 555008-2018-2560 2419 28TH APN 6302004021 8-2018-2530 4330 26TH ST APN 5243019010 170000 B-2018-2522 4770 49TH ST APN 6304016008 Title 24 compliant white roof coating system to 23,000 s.f. industrial building using 6 gallons of emulsion, '1 ply polyester & 3 gallons of tropical 91 I white roof coating. 39750 $26s,250.00 23 Permit(s)$3,975,219.00 Director of Public works City of Vernon Building Department Demolition Report - February 20'18 None Director of Public Works City of vernon Building Department New Buildings Report - February 2018 None Director Public Works City of Vernon Building Department Status of Certificates of Occupancy Requests Month of February 2018 Request for lnspection Approved Pending Temporary Occupancies 20 18 401 24 Director of Public Works City of Vernon Certitlcate of Occupancy lssued Date From 2J112018 lo U2812018 lssued Permit No. Project Address Tenant Description Fees Paid Square Feet 2l1l2o'18 C-20'18-0885 2620 LEONIS BLVD JOILUV, lNC. Offce use/sample 385.00 APN 6308003020 design 211120'18 C-2016-0501 4383 FRUITLAND AVE Nabi Textile, lnc Warehousing of 300.00 APN 6304026002 labtic 21112018 C-2017-0735 4871SANTA FEAVE Beauty Star, lnc. Warehousing of 689.00 42740 PN 6308015044 general merchandise 21112018 C-20'17-0U2 2021 49TH ST 8Pril, lnc. dba Luna Rora Offce use 385.00 APN 6308015074 21112018 C-2017-0857 2115 ANDERSON ST G. Ahn lsland, lnc. Warehousing of 385.00 ApN 6308019030 garments 21112018 C-2017-0876 3305 VERNON AVE Mr. Grim Company dba Office use 385.00 APN 6303006071 Prime Foods Group 21112018 C-2017-0818 5233 ALCOA AVE Cadogan Tate Los Angele$ rarehousing of 1 ,207 .00 136692 APN 6310008015 Limited fumiture and artwork 21712018 C-2018-0921 4480 PACIFIC BLVD American Hi-Fi lndustrial 2&lrholesale 0.00 29700 APN 6308005012 lnc. imporuexport of electronic equipment & repair 21812018 C-2017-0831 3751 SEVILLE AVE Fashion Nova, lnc. Warehousing of 1,207.00 177552 APN 6302020040 garments 211212018 C-2017-0828 2508 ALAMEDA Pepi Company of Califomid(itchen catering 385.00 1160 APN 6302009043 LLC dba Alonti Catering 211412018 C-2016-0563 5203 DOWNEY RD West Pico Distribution, LLO /arehousing of food 689.00 25194 ApN 63i00020j j products 21261?018 C-2017-0800 4415 BANDINI BLVD GT's Living Foods LLC Manufacturing of 1,207.00 APN 5243018013 RTD products 212612018 C-2017-0799 4600 SANTA FE AVE Precision Agritechnologies Olfice use 2,414.00 APN 6308007008 LLC dba Local Roots Farms 260000 23000 212612018 C-2O17-O716 2317 38TH ST Vemon Central Warehous€Food processing 300.00 19678 APN 6302014013 lnc. dba Sweetener Producls Company 21261201A C-2017-0717 2050 38TH ST Vemon Central Warehouseoffice and food 300.00 109340 APN 6302017050 lnc. Dba sweelener processtng Products Company 2700 800 3000 75 970 ssued Pemit No. Poect Address Tenant DescriPtion Fees Paid Square Feet 212612018 C-2017-0719 2309 38TH ST Vernon Central WarehousePalletizing packaged 300.00 10800 APN 63020'14013 lnc. dba Sweetener sugars Products Company 2l27l2o'18 C-2017-0868 2303 55TH ST Ml Logix, lnc Warehousing of 885.00 36000 APN 6308016028 garments 2t2812018 C-2017-0874 2544 ALAMEOA ST Milberg lnc. dba Burgerim Restaurant 770.00 1800 APN 6302009045 Total tor Certificate of Occupancy: 12,193.00 881,201'00 Total Fees Paid 12,193 00'18 Permits(s) City of Vernon Certmcate of Occupancy Applications Dete Ffollnal12018 to 2128120'18 C-2018-0917 4401 DOWNEY RD Mulberry Wealth APN 6303017022 Management, LLC C-2018-0918 4334 SANTA FE AVE Texwin lnc. APN 6308006004 C-2018-0934 4461 SANTAFEAVE Curious Apparel APN 6308012016 Manufacturing and 885.00 warehouse Office use Office use 385.00 385.00 100 2000 40000 60700 84000 800 C-2018-0923 4174 BANDINI BLVD Paper Source Converting & Warehouse of 1,770.00 APN 6304003001 Mfg. material C-2018-0924 2851 44TH ST Lineage Logistrics LLC Food storage 1,046.00 APN 6303013045 C-2018-0925 2045 VERNON AVE Lineage Logistics, LLC Cold storage 1,207.00 154628 APN 6302017024 C-2018-0919 4368 BANDINI BLVD L.A. Lifr Services, LLC. Forklift dealership 385.00 APN 6304001021 C-2018-0920 4641 PACIFIC BLVD Fashion & People, lnc. Manufacluring 0.00 APN 6308009027 C-2O18-0922 4811 HAMPTON ST Dollar Kings lnc APN 6308009030 Warehouse 885.00 C-2018-0926 314'l ,l4TH ST Lineage Logistics, LLC Food storage 1,207.00 APN 6303011049 C-20'18-0927 4353 EXCHANGE AVE Lineage Logistics, LLC Food storage 1,046.00 APN 63M021055 C-2018-0928 2279 49TH ST T & B Textile lnc. dba Office use 385.00APN Trendy Design C-2018-0929 4720 DISTRICT BLVD wrap Up lnc. Garment printing 885.00 APN 6304015002 C-2018-0930 4720 OISTRICT BLVD Bertet lnvestment Group, Furniture household 885.00 APN 6304015002 LLC goods 25000 26400 39243 284000 5940 6000 C-2018-0931 .1480 PACIFIC BLVD Second Generation lnc dba warehousing 885.00 10000 APN 6308005012 Bebop, fishbowl C-2018-0932 11424 PACIFIC BLVD Epris lnc. Warehousing 885.00 16000 ApN 6308007018 general merchandise C-2018-0933 4330 26TH ST Experior Global Warehousing 885.00 48175 APN 52430'190'10 Warehousing storage goods 20000 lssue'd Permit No. Proiect Address Tenant Oescription Fees Paid Square Feel C-2018-0935 2882 54TH ST lJ lndustrial, lnc.dbaTina& Warehousing and 885.00 5375 APN 6310010007 Jo design wholesale C-2018-0936 2851 44TH ST Lineage Logistrics, LLC Food storage 0.00 60700 APN 6303013045 C-2018-092'l .1480 PACIFIC BLVD American Hi-Fi lndustrial 26, Wholesale 0.00 297oo APN 6308005012 lnc. imporuexport of electronic equipment & repair Total for Certificate of Occupancy: 14,896.00 918,761.00 Total Fees Paid 14,896 0020 Permits(s) RECE!\,EE MAR 15 2018 CITY CLERK'S (]FFICE R CIEEVED MAR I tt 2018 CITY A Di'ti I ii I STRATI 0NSTAFF REPORT PUBLIC WORKS DEPARTMEN ?t't.w DATE: TO: FROM: RE: March 20, 2018 Honorable Mayor and City Council Daniel Wall, Director of Public Workt -Originator: Vincent A. Rodriguez, Public Works Project Coordinator Contract Award for City Contract No. CS-0910: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78. Recommendation A. Find that the proposed Capital Improvement Project at Fire Station No's 76 and 78 along Fruitland Avenue and Soto Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15302, Replacement or Reconstruction, Class 2, because the project consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Accept the bid from Nobest Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract in an amount not to exceed $922,01I for the PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project (CS-0910); and D. Authorize a contingency of $100,000 in the event of an unexpected changed condition or additional work requested by the Fire Department 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 proposed project consists of removal and reconstruction of the existing Ponland Cement Concrete, driveway approaches, asphalt pavement, sidewalk, longitudinal gutter and ADA Ramps. Also cold plane (grind) the existing asphalt 3-6 inches and pave back with new asphalt concrete paving at Fire Stations 76 ar,d 78. All work will be done per the 2015 edition of the Standard Specifications for Public Works Construction and its supplements. The project will take place at the following locations: . 3315 Fruitland Avenue - Fire Station No. 76o 2800 Soto Street - Fire Station No. 78 On February 14,2018, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper and in addition it was also advertised in the following construction related websites: Bid America, eBidboard Construction Contract Advertising, McGraw-Hill Construction. The Notice Inviting Bids published included the City's standard contract template as approved by the City Council. The bids for Contract No. CS-0910, PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project, were received and opened on March 8, 2018. The calculated results were as follows: l. Nobest, Inc. 2. All American Asphalt 3. Sully-Miller4. FS Contractors 5. PALP Inc. (Excel) 6. Vido Samarzich, Inc.7. Kalban, Inc. 8. Access Pacific, Inc. 9. Geronimo Concrete, Inc. $ $ $ $ $ $ $ $ $ 922,0fi.00 929,500.00 981,000.00 1,049,854.00 1,164,584.00 l ,178,266,00 1,193,647 .50 1,t94,304.12 t,455,526.70 The Public Works Engineering division staff has analyzed the bids and is now recommending that a construction contract be awarded to Nobest, Inc. in the amount of $922,011. The proposed contract has been reviewed and approved as to form by the City Attorney's Office. Staff is also recommending to reject all other bids. Additionally, staff recommends the authorization of a $100,000 contingency in the event of unexpected changed conditions in the project. Fiscal Impact Funding for this project was not budgeted but there are adequate funds to cover the costs of construction. Funds will be taken from the Public Works Capital Improvement Budget. Attachment(s) l. Contract Agreement No. CS-0910 Page 2 of 2 STANOARD FORM OF CONSTRUCTION CONTMCT BETWEEN CIW AND CONTMCTOR This Agreemenl is made and enlered into at Vemon, Califomia this _ day of 20 - by and beh,reen the CITY 0F VERNON, a chartered municipal corporation (hereinafter 'Cig') and Nobest. lnc., a Califomia corporation (hereinafter 'Contractor'), for conslruction of PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 . THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTMCTDOCUMENTS The 'Contract Documents' except for modifications issued after execvtion of this Agreement, shall consist of the following documents which are either atlached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as ifset fo(h al length herein: A. Govemmental 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. Exhibit E - Standard Plans l. Notice lnviting Bids; J. lnstructions to Bidders; K. Bid Forms; L. Designation of Subcontractors; and M. Bidding Addenda Nos. _N/A_. 2. REFERENCE DOCUMENTS The Iollowing Reference Documents are not mnsidered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon lhe technical data contained in such documents but not upon non- technical data, interpretalions, opinions or provisional statements contained therein: A. City of Vemon Standard Plans 3, SCOPEOFWORK Within the Conlract Time and for the stated Contract Sum, subject lo adjustments thereto, and pursuant to the Contract Documents, the Conkactor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Govemmental Approvals; temporary utilities; utility connections;and transportalion necessary to complete the Work in strict conformity with the Contract Documents for: PCC and Asphalt Pavement Reconstruction Ior Fire Stations 76 and 78 Contract CS-0910 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substanlial Completion of the Work within 45 calendar days from the Date of Commencement established in City's written Notice lo Proceed ("Contract Time'), subject to adjuslment in accordance with the Contract Documents. Contractor shall achieve Final Complelion of the Work, within the time established by the Cerlificate of Substantral Complelion issued by the City. The Contracl Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence ol this Agreement. Except when the Contract Documents stale otherwtse, time is of the essence in the performance of the Work. Contraclor 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, lf Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shallpay City as liouidated damaoes the amount ofone thousand five hundred dollars ($1,500.00) 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 ol the General Conditions of Contract. Contractor lnitial here: 5. CONTMCT SUM ln consideration of lhe Contracto/s full, complele, timely, and faithful perlormance of the Work rEuired by the Contracl Documents, City shall pay Contraclor the sum of Nine Hundred Twentv Trvo Thousand and Eleven D,ollarslno cents (3 922.0111, payable as set forth in the General Conditions ('Contracl Sum'). lN WITNESS WHEREoF, the parties have c€used lhis Contracl to be execuled lhe date and year first above wrinen. Executed at [Contraclo/s Corporate Seal] CITY OF VERNON: IContractor]: By: An Authorized Signatory Printed Name: Ti e: APPROVED AS TO FORM: By, C0NTMCTOR'S SIGNATURE lvlUST BE NOTARIZED Name: Title: Date: By, By, Name: Title: ATTEST: Name Ti e: 101 EXHIBIT A GENERAL CONDITIONS ARTICTE 1- PRELIMINARY PROVISIONS DEFINITIONS The following t ords shall have the following meanings: A. Allowance. A line item cost estimate established by lhe C yto be canied in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particlllar ilem of Work, wiridr cannot be sufficiently deflned so as to allow the Contrrctor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounls eslablished by lhe City for certain conslruction elements thal have not yet been fully designed or authorized for inclusion in the Work or to permit defened approval or selection of aclual matenals and equrpmenl to a laler date when addilonal information is available for evaluation B. As-Builts. The documenls prepared by Contraclor showing the condilion of the Work as aclually built, induding, without limitation, all changes and lhe exacl locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work lhat are shown diagrammatically in the Contract Documents. C. Base Bid. The total sum stated in the Bid Form lor which the Bidder offers to perform Work descnbed in the Contract Documents as the base Contracl Work (e.9. not designated as partofa Bid Alternate). D, Bid. A complete and properly executed offer by lhe Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice lnviting Bids. E. Bid Alternale. An item of Work described in the Contract Documents as an Allemate Bid that will be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts the Bid Altemate. F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submil a Bid. The Bid Forms include: (1) Biddei s P[oposal; (2) Schedule of Bid Prices; (3) lncumbency Certificate; (4) Bid Bond; (5) Bidde/s Slatement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Conlractor Safety Questionnaire; (9) Designation of Subcontraclors; (10) Affidavit of Non- Collusion; (11) lnsurance Requiremenls Affidavit; and (12) forms included in the Specitication required by the type of poecl funding (e.9. federal, ARM, HUD, etc.). G. Bidder. The individual, partnenship, firm, mrporation, joint venture or other legal entity submining a bid on these Contract Documents or any part lhereof. H. Bidding Documenls. Eidding Documenls include lhe Bidding Requiremenls and lhe proposed Contracl Documents. The Bidding REuiremenls consist of: (1) Notice lnviting Bids; (2) lnstructions to Bidders; and (3) Bid Forms. The proposed Contract Documenls consisl of: (1)the Bidding Requiremenb; (2) the Construction Contract Between City and Contraclor; (3) the Conditions of the Conlracl (General, Supplementary, and Special, if applicable); (4) all Exhibils to lhe Contracl; (5) the Drawings; (6) the Spcifications; (7) all Addenda issued prior to the execution of the Construc{ion funlracl; (8) all Modifications issued aflerthe execution ofthe Construction Conlract; and (9)GovemmentalApprovals, if any, including but not limited to, permits. J Change Order. A Change order is a Mitten document prepared by the City rellecling lhe agreement between the City and Contractor for: a change in the terms or conditions of the Contrac{, if any; a specific Scope Change in the Work; the amounl of the adjustment, if any, in the Crntrrct Sum; and the extent of he adiustment, if any, in the Contract Time. Change Order Request (COR). A Change Order Request is a written documenl originated by lhe Contraclor, which describes an instruction issued by the City afler the effective date of the Contract, which Contraclor believes to be a smpe change that may result in changes to the C,ontract Sum or Contracl Time or, which describes the need for or desirability of a change in the Work propsed by Contractor. City or Omer. The City of Vemon, Califomia, acting hrough its Crty Council or other City officials authorized lo acl for the City, acting in its pmprietary rather than regulatory capacity in connection with lhe Project. Construclion Change Directive. A Mitten order prepared and signed by the City direcling a charEe in Work prior to agreement on adjustment, if any, in the Contract Sum or Contrtrl Time, or both. Contract Documents. The Contract Documents are enumerated in the Construclion Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contracl; (3) the Cond ions of the Contract (General, Supplementary, and Special, il applicable); (4) all Exhibits to lhe Contracl; (5) he Drawings; (6)the Specifications; (7) all Addenda issued prior to the execution of the Contracl; (8) all Modifications issued after the exeortion of the Contract; and (9) Govemmental Approvals, induding, but not limited to, permits, The intent of the Contracl Documenb is lo include all items necessary for the proper execution and completion of the Work by the Contractor. The Conlract Documents are complemenlary, and what is required by one shall be as binding as if required by all; performance by the Contraclor shall be required to the extent consistent with the Contract Documents and rcasonably inferable ftom lhem as being necessary to produce the indicated results. Contrrcl. The Contract Documents torm the Contrac{ lor Construction. The Contract Represents the entire and integrated agreement between the padies 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 ol the Contract Documents. Contret Sum. The total amount of compensation stated in the Conslruction Conlract thal is payable to Contraclor for the mmplete prformance of the Wo* in acmrdance with the Contracl Documents. Contret Time. The total number of days set forth in the Construclion Contacl within which Substantial Completion of the Work must b€ achieved beginning wilh the Date of Commencement established in the Notice to Proceed, subiect to adjustmenb in accordance wilh the terms of the Conkact Documents. The Contract Time for Contraclo/s performance of lhe Work is measured in calendar days (not wo* days). Contretor. The individual, partnership, firm, mrporation, joint venture or other legal entity with whom the Contrac{ is made by City, or the agenl or legal representative who may be appointed to represent suci individual, paftership, lirm, corporation, joinl ventuc or other legal entity in the execution of the Conlract as general ontractor for constructron ol the Work. K M N 0 P o T Conection Period. Conection Period is synonymous with the terms of the conection guarantee period used in the Contract Documents. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. Day. The terms'day" or'days" mean calendar days unless otheruise specifically designated in the Contract Documents. The term 'Work Day' or 'Wo*ing 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 in January - 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 - Memodal Day 6. July 4th - lndependence Day 7. The first Monday in September - Labor Day 8. The second Monday in October - Columbus Day 9. November'l1th - Veterans Day 10. The 4th Thursday in November - Thanksgiving Day 1 1. December 24th - Christmas Eve 12. December 25th - Chnstmas Day 13. December 31st - New Yea/s Eve Director. The Director ol the Department ol Public Works of the City of Vemon or his/herduly appoinled represenlative. Drawings. The Drawings are the gEphic and prctorial portions ol the Contracl Documents showing the design, location, and dimensions of the Work, generally induding plans, elevations, sections, details, schedules, and diagrams. Efta Work. New or unforeseen umrk will be classified as Extra Work when delermined by lhe City that the work is not described in, or reasonably inferable from, lhe Contracl Documents, lhe t ork is not covered by any Bid line item or Allowance, and the work causes Conlractor to inflr additional and unforeseen costs. Field Directive. See, "Work Direclive.' Final Completion. Final Complelion is the stage of perfomance of the Work when (1)all Work required by the Contract Documents has been fully completed in compliance with the Contrac{ Documents and all applicable laws including, but not limited to, conec{ion or completion of all punch Ist items noled by City upon Substantial Completion; (2) Contractor has delivered lo City an Application for Final Paymenland allcloseout documentation required by the Contract Documents; and (3) documentalion ol allfinal GovemmenlalApprovals has been submitted to City including, but not limned to a final Certrflcate of Occupancy or equivalent Building Depanment signdf has been issued covenng lhe entire Project site without exception or mnditions. Force Majeure. 'Force Majeure' includes bul is not limited to declared or undeclarcd war, sabotage, insunectron, not, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acls of God. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. U X. Z AA 8B t,U DD EE FF (r(r. Govemmental Appoval. Any approval, authorization, inspectron, certificatron, consent, exemption, filing, permit, registration, plan check, ruling or similar authonzation required by any federal, state or local law, regulatron or procedures in order for Contraclor to pertorm the Work. Guarantee. Assurance to City by Contrrctor or product manufaclurer or other specified party, as guarantor, lhat the specified wananty will be fulfilled by he guarantor in the event of default by the wanantor. Modification. A Modification is: ('l)a Mitten amendment to Contract signed by both parlies; (2) a Change Order; or (3) a Construction Change Directive. Notice to Proceed. The Nolice lo Proceed is a document issued by the City fixing lhe date for Commencement lor lhe Work. Parties. The City and Conlractor may be refened lo in the Conlract Documents from time to time as lhe Parties. Permit Fees. Govemmental Appovals and Ulility Fees as rEuired by any agency to be paid by the City of Vemon. Seclion lntentionally Omitted Project. The Poect is the total construction of which the Work performed under the Conlract Documents may be the whole or a part and which may include construction by the City or by separale conlraclors. Project Manuaucontracl Package. The volumes of Contret Documents and reference documents assembled for the Work made available to Bidders Remrd Documents. The Drawings, Specifications, addenda, requests for informalion, bullelins, Change Orders and other modmcations to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracls, and purchase orders. Records Documents shall include a set of 'As-8uilt" Drawings and Specifications, which shall be continuously updated during the prosecution ol the Work. The physical area designated in the Contract Documents for Conlracto/s performance of lhe Specifications. The Specifications are the volume(s) assembled for the Work that includes, wilhoul limilation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditrons, Supplemenlary and/or Special Conditions, if any, the 'GREENBOoK" STANDARD SPECIFICATIONS F0R PUBLIC WORKS CONSTRUCTI0N (2012 Edition), the Standard Plans for Public Works Construclion (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specillcations (2010 Edition), and the City of Vemon Standard Plans. Specifications. The Specifications are that portion of the Contract Documents consisting of the writlen requirements for matenals, equipment, systems, slandards, and workmanship for the Work and performance of related services, including, but not limited to, lhe Pojecl Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specificalions. Subslantial Completion. Substantial Complelion is delined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as JJ HH il. LL. Site. Work. MM determined by the City so that the City can occupy and utilize the Work lor its intended use and as further defined in the Contracl Documents. PP. Unilaleral Change Order. See'Work Directive." OO. Utility Fees. The fees charged by any public, private, moperative, municipal and/or govemment line, facility or system used for the caniage, transmission and/or distribulion of cable television, elecldc po,,ver, lelephone, waler, gas, oil, pelroleum, sleam, chemicals, sewage, slorm water or similar commodity induding, but not limited to fees for temporary ulililies and refuse hauling. RR. Wananty. Assurance to City by contraclor, installer, supplier, manulac{urer or other party responsible as wamntor, Ior the quantity, quality, perlormance and other represenlatlons of a producl, system service of the Work. SS. Work. The term 'Work' means the construction and other services required by, and reasonably inferable from the Contracl Documents, whether completed or partially completed, and includes all other labor, matenals, equipment, and services provided or lo be provided by lhe Contractor to fulfill the Contraclo/s obligations. The Work may constitute the whole or a part of the Proiect. TT. Work Directive, A Work Directive is a unilateral written order issued by the City directing Contractor to continue perlomance of the Wo* or to perlorm a disputed change in the Work prior lo agreemenl or adiustmenl, if any, in the Contract Sum, Conlracl 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 all decisions and interpretatrons to be made by the City under the pmvisions of the Contret Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. lnstruclions and information given by the Director to the Contrelo/s agent on the Wo* shall be considered as having been given to lhe Contrac{or. 1.03 PERMITS, INSPECTIONS. PLAN CHECKS. AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A.I City of Vemon shall obtain all Govemmental Approvals and Utility Fees required for the construction of the poec{. B. funtractor shall obtain a nofee encmadrment permit from the City of Vemon's Public Work, Water and Development Services Department. C. All documents evidencing Contmclo/s satrsfaclion wth all Govemmental Apgovals and Utility Fees must be subrnitted to lhe City prior to submission of the Application lu Final Payment. D. Where requirements of the Govemmental Approvals differ from those of the Drawings and Specifcalions, the more sfingent requiremenb shall apply. E. 104 LICENSES The Contraclor shall apply for, obtain, and pay for all licenses requircd by goveming authorities for the Work. Contraclor shall apply and pay for a City of Vemon business license. 1,05 ALLOWANCES B Contractor shall indude in the Contract Sum and Sdredule of Values for Payment, the City's estimated cost established for each Wo* item covered by an Allowance stated in the Contracl Documents. See Paragraph 1.01 lor delinition of Allowance. The line item cost estimate established by the Cig for Work covered by an Allowance indudes lhe 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 cosls and expenses incidenlal to such Work. Work items covered by Allowances shall be supplied wilh such matenals and Euipment and for such prices approved in advance by Crty, Contractor shall notity and request Cty's approval of matenal equipmenl, and pricing information for Work covered by an Allowance before ordering lhe matenal or equipmenl and in sufficient time to avoid delay to the Work. Crty shall provide approval of matenals, equipmenl, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Conlractor to the City's Proiecl Manager shall, al a minimum, indude product dala and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incuned by Contraclor and each subcontcctor associated with the performance of such Work. Contractor shall not order matenals or equipment or poceed with Work covered by an Allowance until the material, equipment, and pricing informalion lor such Work ilems have been submitted lo the City's Pojecl Representative for review and the Contrrctor has received City's appoval to proceed with a Work item covered by an Allowance. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. To the extent that the mst of Work items covered by an Allowance is less than the Allowance mst estimate established by the City, the Conlrct Sum shall be reduced by Change Order or ftnstruction Change Directive to reflec1 the actual cost of the Allowance item. Similady, to the extenl the cost of Work ems covered by an Allowance is greater than the Allowance cost estrmate, the Contracl Sum shall be increased by Change Oder or Construclion Change Direclive to reflect the actual cost of the Allowance ilem. lf Work items covered by an Allowance are not performed or the City deletes such ilems fmm the Scope of Work, the Contr*t Sum shall be reduced by Change Order or Construclion Change Directive to deduct the Cost of the unused Allowance item, WAIVER A waiver by City ol any breach of any term, covenant, or @ndition mntained in the Conlract Documenls shall not be deemed lo be a waiver of any subsequent breach of the same or any olher lerm, covenant, or condition contained therein, whefler ol the same or a different character. DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall fumish the Director with such information as the Direc{or may desire respecting the character of lhe matenals and the progress and manner of the Work, including all inrormation necessary lo delermine the Contracto/s costs, such as the number of persons employed, their pay, the time during wtrich they \,!orked on the vanous classes of construction, and other pertinent dala. D. E 106 107 108 109 CONTMCT DMWINGS The City will accepl no responsibility for enoE resulting tom misinterpretatron or scaling of he Drawings. SPECIFICATIONS AND DMWNGS A. The Conlraclor 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. Anylhing mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in lhe Specificalions shall be ol like efiect as though shown or mentioned in both. B. ln general, the orawings will show dimensions, positions, and kind ol 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 delermine dimensions, and in all cases shall be calculated from figures shorarn on the Drawings. Any discrepancies bet\,t een sc€le and figured dimensions, not marked'not to scale,'must be broughl to lhe Directo/s atlenlion before proceeding with the Work afiecled by the discrepancy. D, Omissions from the Drawings and/or Specific€tions shall not relieve the Conlraclor from lhe responsibility of fumishing, making, or installing all items requircd by law or code, or usually fumished, made or inslalled in a pojec{ of the scope and general charac{er indicated by lhe Drawings and Specifications. E. For convenience, the Drawings and Specifications may be ananged in various trade subparagraphs, but such segregation shall not be considered as limiting lhe Work ol any subconlract or lrade. The Conlractor shall be solely responsible lor all subcontract anangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will fumish free of charge to the Contractor, a maximum of six (6) sets ol Conlracl Drawings and Specifications. The Contretor shall pay for the costs of any additional sets or portions lhereof. The Contraclor shall be responsible lo see that all sets are the same as the utrto{ate approved set, PRECEDENCE OF CONTMCT DOCUMENTS A. ln the event ol conflicl between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contraclor shall provide the better quality or greater quantity of Work and/or materials unless othenvise directed by City in writing. ln the event none of the Contracl Documents place a more stringenl requiremenl or grealer burden on the Conlraclor, the conlrolling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. Govemmental Approvals including, but not limiled to, permits required for the Work 2. Modificalions issued after execution of the Contract (including modifications to Drawings and Specificalions) 3. The Contract, including all exhibits, atlachments, appendices and Addenda, wlth later Addenda having precedence over earlier Addenda 1.10 Special Conditions, if any General Conditions Specilications Dawings 8. Bidding Requirements With reference to the Drawings, the order of pecedence is as follorrris: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Dnwings 7. General Drawings Figures 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. ProjectTechnicalSpecifications 4. Standard Specifications, if any 5. ApplicableTradeAssociationSpecificalions NOTICE OF CONFLICTS lf the Contraclor, in the course of the Work, be@mes aware of any claimed conflicts, enors or omissions in the Contract Documents or in the Citys fieldr/'ork or t/ork of City's separate mntractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matler, and if the Director finds a conflict, enoror omission, the Director shalldetermine the conective actions and advise the Contractor acmrdingly. lf the mnection associated with a conflict, enor or omission increases ordecreases the amount of Work c€lled for in the Contract, lhe City shall issue an appropriate Change order in accordance with the Conlracl Documents. Afler discovery of an error or omission by the Contractor, any related additional vork performed by the Contractor shall be done althe Contracto/s risk unless authorized by the Direclor. 4. I 6. 7. B 1.11 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction reprt recording the following information conceming events at Project site: 1. List of Subconlraclors at Project site.2. Lisl ot other conlractors at Pro,ect site.3. Approximate count of prsonnel at Project site.4. Equipment at Project site.5. Material deliveries.6. High and low temperatures and general weather conditrons, including presence of rain or sn0w.7, Accidents.8. Meetings and significant decisions.9. Unusualevenls.'10. Stoppages, delays, shortages, and losses.11. Meler readings and similar recordings.12. Emergencyprocedures.13. Orders and requests of authorities having jurisdiction.14. Change orders received and implemented.15. Construction Change Directives received and implemented.16. Services mnnected and disconnected.17. Equipment or system tests and startups.18. Partial complelions and occupancies.19. SubstantialComplelionsauthorized.20. List of visitors to Projecl Site.21. List of personnel at Project Site including names and job classilications.22. Description ol Work for the day including locations, quantities and related bid items. lmmediately upon discovery of a difference between field mnditions and the Contract Documents, the frntractor shall prepare and submit a detailed report through a Request for lnformation (RFl). lnclude a detailed description of the drffenng conditions, together with recommendations for a remedy, The Daily Construction Reporl must be: signed by Contracto/s Supenntendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1,13 LINES. GMDES. AND MEASUREMENTS A. All lines and grades will be established by the Contrdclor. The Contraclors shall carefully preserve all survey stakes and relerence points as far as possible. Should any stakes or poinb be rennved or destoyed unnecessarily by any act of tr\e Contraclor or his/her employees, they must be reset to the satisfaction of the Director, at the Contracto/s expense. B, The Conlraclor shall inform the Director 48 hours (t\ro Work Days) in advance of the limes and daces at whidl hdshe intends to Work in order thal inspeclion may be provided, and lhal necessary measuremenls for re@rds and payments may be made with minimum inconvenience. C. No direcl payment will be made for the cost to the Contractor of any of tle Work or delay occasioned by giving lines and gEdes, by making other necessary measuremenls, or by inspeclion. 114 RIGHT OF WAY A. The site lor the installation of equipmenl or lhe right of way for the Work to be mnstrucled under this Contracl 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, lhe 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 thal may result fom his/her use of City property. C. ln case areas addilional lo those available on the City's rights of way or property are rEuired by the Contractor for hisher operations, he/she shall make arrangements with the property owners forthe use of such additional areas at hisiher own expense. CONTMCTOR'S OPEMTIONS/STOMGE YARD ln the event the Contractor requires spac€ for the storage and/or slaging of construction materials, supplies, equipment, stockpiling ofdebris, or any other needs required forconstruclion operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properlies within the C y of Vemon, the staging area must be endosed at Contracto/s expense with mnslruction lencing covered with a mesh screen lo limit visibil y lo lhe site. Private property used for storage of construclion material or debris shall be restored to a legal condilion with rqard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. IEND OF ARTTCLEI ARTICLE 2 - PERFORMANCE OF THE WORK PERFORI\4ANCE OF WORK - GENEML Contractor shall, at its own cost and expense, fumish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the rEUirements of the Contract Documents. All Work shall be performed and completed as required in the Contracl Documents, and subject to the approval of the Direc{or, or his/her designated assistant. NO ASSIGNMENT OR DELEGATION Contcctor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be wilhheld al lhe City's sole discretion. STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate wilh the highest professional standards and shall be perlormed by qualifled and experienced personnel; that any Work performed by Contraclor under the Conkact will be performed in the besl manner; that any material fumished 115 203 201 2M shall be subject to the approvalofthe Director; and that both Work and matenals will meet fully the requirements of the Contracl Documents. Any work deemed unacceptable by the Director, whelher a cause is determined or not shall be repaired or replaced by Contraclor al Conlraclo/s expense. The Contractor shall be responsible for the flnal product and shall make any quality control, adjustments and @rreclions necessary to obtain lhe flnal product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise managemenl control the work of his/her subcontraclors, technicians and workers to ensure that lhe milling, transporting, recycling, spreading, mmpaction, and finishing processes conform lo these Specifications. The proficiency of testing laboratones and sampling and lesting personnel shall be reviewed and approved by lhe City Engineer prior to providing services to the project. The City Engineer shall have unrestricled access to the laboratory, sampling, testing sites, and all informalion resulting lrom mix design and quality control activilies. All Quality Control testing results shall be submitled to the City Engineer on a daily basis. DEFECTIVE WORK Within the lime periods lhat the City specilies, the Contractor shall conect all deficient, impropedy executed, or unsatisfactory Work determined by the City, The Conlractor shall remove and shall repair or replace, at his/her own expense any part of the Work that rs deficient, improperiy executed, or unsatisfactorily executed, even though rt has been included in the monthly estrmates. lf he/she refuses or neglecls lo remove, repair, or replace such defective Work, prior to lhe City's acceptance of the Work, may be replaced by the City at the expense of the Contractor, plus 1570 for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15forcuring delects after acceplance of the Work.) CIW'S RIGHT TO CARRY OUT THE WORK A. Notwilhstandrng other remedies available to the City, if the Contractor defauhs, fails to perform Work required by the Conlracl Documents, or otheMrse neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice Irom the City to commence and conect such delault, failure to perform, or neglect w(h diligence and promptness, the City, at its sole discretion and withoul obligation, may, with its own or outside forces, perform lhe Work Contractor has failed to perform and/or replace or conect deficiencies in the Work. ln such case, a Change Order or Conslruclion Change Directive shall be issued deducting from paymenls then or thereafter due to the Contractor the mst o, completion, replacemenl or conection of such deficiencies, including mmpensalion for additional services by the City's project management staff, the Architect, and their respective consultants made necessary by such default, lailure to perform, or neglect, plus 15% for City's overhead expenses. lf payments then or lhereafter due the Contraclor are not suffioent to cover such amounts, the Contractor shall pay the difference lo the City immediately. This remedy is cumulative. B. The City also has the right, but not the obligation, to self-pedorm or have outside forces perform portions of lhe Work previously assigned to Contractor. In such case a Change Order or Construclion Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflecls the reasonable cost ol performing sudr deleted Work and the Allowable l\4ark-Up applicable to such deleted Work. 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 remgnized ovemight mail or courier service, 206 205 B wilh delivery receipt requested, or (d) sent by facsimile mmmunication followed by a hard mpy and with receipt confirmed by lelephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All mnespondence with Contractor shall be senl to the followng address: Attenlion: Phone: Facsimile: All communicalions shall be copied to City and shall be delivered to City's Direclor at the address set forth below, with copies to such additional persons as may be directed by City's Director. City of Vemon Public Wo*s Department 4305 Santa Fe Avenue Vernon cA 90058 Attention: Phone: Facsimile: E-mail: Daniel Wall, PE Notices shall be deemed received when mlually 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 canier or other Person making the delivery. Notwithstanding lhe foregoing, notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all olher notices received after 5:00 p.m. shall be deemed received on lhe first business day following delivery (thal is, in order for a fax to be deemed received on the same day, at leasl the lirst page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be mnducted by Contracto/s Prqect Manager and technical representatives designaled by City. Contracto/s representatives shall be available at all reasonable times for consullation, and shall be authorized to act on behalf ol Contractor in maners conceming the Work. Contractor shall mpy City on all writlen conespondence pertaining to the Contract between Contractor and any Person other than Contracto/s Subcontractors, consultanls and atlomeys. Notification of Affected ResidentsiBusinesses - The Contraclor shall be responsible for distdbution of lhe general information letter of the projecl to all affected residents and businesses. A project general information letter and sufficient mpies thereol will be prepared by City staff for Contrmtor distribution to allresidents, business establishments, and institutions frontrng on ordirectly affected by lhe poect. 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 lo the City Engineerand shallbe live (5)working days prior to the beginning ofconstruction operations in the immediale vicinity. ln addition to the above, lhe Contractor shall be fully responsible 207 208 for such olher notificalions as may be required relaled to necessary closures of streets, alleys, driveways, etc., or lo unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restnctions required in the performance of any work under this mnlracl preclude any resident, tenant, or property owner from utilizing the premises or conducling business thereon in a reasonable and customary manner. Additional nolification to lhe affected businesses and residents shall be prepared by the City and dislribuled by the Contractor for roadway and dnveway closures five (5) working days in advance of any construclion work. No removalor excavation work is allo$red until the additional notificalion has been distributed to the affected residents and businesses. lf a Contraclor is unable to adhere to his schedule as indicated on his Mitten notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in Miting, as indicated above. Contractor cosls for all of lhe above notifications shall be considered as included in the appropriate ilems of the Bid Proposal. E. Notification of Utilities - The povisions ol Section 5 entitled 'Utilities' of the 'Greenbook' Standard Specilications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two wo*ing days in advance of the construction work INDEPENDENT CONTRACTOR The Contractor in the performance ol the Wo* hereunder will be actlng in an independent capacity and not as an agent, employee, partner, or joint venture of the City. EMERGENCY WORK A. During Working Hours: ln case of an emergency which threatens loss or injury of poperty, and/or safety of life during trorking hours, the Contraclor shall act, without previous instruc{ions from lhe Cily, as the situation may waranl. He/she shall notity the Director of the emergency and lhe action taken immediately thereafter. Any compensation daimed by the Contractor, together with substantiating documents in regard to expense, shall be submitled to the Director within 15 calendar days after the emergenry. Compensation, if allou/ed, will be paid for as Extra Work. B. Outside ot Working Hours: Whenever, in the opinion of lhe City, there shall anse outside of lhe regular Wo*ing 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 instruclions from lhe City as the srtuation may wanant. Hdshe shall notify the Director of the emergency and the aclion taken immediately lhereafter. Any compensation claimed by the Contraclor, together wih substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensalion, if allo,,ved, will be paid for as Extra Work. ln the event the Contractor is not able to respond to an emergency oulside of regula rrorking hours, lhe Citys forces will handle such emergency Work. lf such emergency anses out of or is the result of operations by the Contraclor, lhe cost of lhe mnective measures will be billed to the Contraclor and deduc{ed from hiyher payment as povided in the Contract Documents. The performance of emergency Work by Crty forces will not relieve the Contrac{or of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTMCTORS A. Each subcontracl shall conlain a reference to the Contract bett een the City and the principal Contractor, and the terms of the Contracl and all parts thereof shall be made part of eadr subcontract insofar as applicable lo lhe Work covered thereby. lf, in the Direclo/s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontracto/s Work, the Director may disqualify the Subcontractor. B. Nothing contained in trhese Contract Documents shall be construed as crcating any contraclual relationship beh,veen any Subcontractor and the Crty, C. The Conlrac{or shall be considered the employer of lhe Subcontraclors and shall be fully responsible lo the City lor the acts and omissions ol Subcontractors and of persons employed by them as the Contrrclor is lor the acts and omissions of persons directly employed by him/her. D. The Contractor shall be mponsible for the mordinatlon of the tmdes, Subcontractors, and malerial suppliers engaged upon the Work. lt shall be the Contracto/s duty to see that all of his/her Subcontractors commence their Work at the proper lime and carry it on with due diligence so that lhey do not delay or injure either the Work or materials; and that all damage caused by them or their r\orkers is made good at his/her expense. E. The Cily will not undertake lo setlle difierenc€s betueen the Contcctor and his/her Subconlraclors or bet$reen subcontrelors. F. The Contraclor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Wo* which are specified to be performed by specialty contractors. USE OF FACILITIES PRIOR TO COMPLETION OF CONTMCT A. Whenever in the opinion of the Director any Work under the Conlract, or any portion(s) thereof, is in a condition suitable lor use by the City, the City may, alter witlen notice and designation from the Director to the Contraclor, use (which includes, but is not limiled to, taking over or placing into service) any prtion(s) designaled by the Dircctor, B. The use of any portion(s) by the City shall not be construed as, and will not constitute reptance in any sense, ol any portion(s) of lhe Work of the Contractor nor will such use trigger lhe running of any wananty and/or guarantee periods. C. All necessary repairs, renewals, dranges, or modifications in he Work or any portion thereof so used, not due to ordinary wear and tear, bul due to defeclive materials or,,rcrkmanship, lhe operalions of the Conlraclor, or any olher cause, shall be made at the expense of lhe Contractor. D. The use of any prtion(s) by the City shall not relieve the Conlractor of any of his/her responsibilities or liabilities under the Contracl nor constitule a waiver by the City of any of the conditions thereof. Said use shall not cancel liqurdated damages as of the first dale of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. COOPEMTION WITH OTHER WORK FORCES A. The City reserves lhe nght to perform other Work at or near the stte at any time by the use of its own forces or other contcctors. B. Other contractors, other util ies and public agencies or their conlraclors, other City contractors, and 210 211 212 213 214 City peconnel may be working in the vicinity during the projecl construction period, There may be some interference betr,veen these activities and the Work under the Contract Documents. The Contractor shall cooperate and mordinate his/her Work with thal of other Work forces lo assure timely Contrel compbtion. AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, stonng any other matenals, or Ior any other purpose related to the Work shall be made in writing and a copy submitted lo lhe Director for his/her information. AII storage charges shall be at the Contracto/s sole expense. PROTECTION OF PROPERW All public and private poperty, pavement or impovement, shall be safely guarded trom damage or loss in connection with this Conlract by the Contractor at all limes. Should any facil y, struclure, or property be damaged dunng operations of the Confactor, he/she shall immediately nolify lhe property owne6 or authorities. All damages and losses inflned shall be paid by lhe Contrrctor. CONTMCTORS RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otheMise provided in the Contract Documents and except as to the cost ol repair or resloration of damage to the Wo* caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Wo*, or from any unforeseen obstruclions or diffculties whidl may be encountered, or from any encumbrances on the line ol the Work, or because the natur.e of the ground in or on which the Work is done is different fiom what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusled. B. Materials and Facilities The Contractor shall be responsible for matenals and fadlrties as hereinafter provided and in the event ol hiVherlailure to carry oulsaid responsibilities, the same may be canied out by the City at the expense of the Contrrctor: 1 . The Contractor shall be responsible for any materials so fumished and for the care of all Work until its completion and final acceptance, and he/she shall al his/her own expense replace damaged or lost materials and repair damaged parts of the Wo*. 2. The Contretor shall protecl C y facililies from damage resulting lrom his/her Work. City facilities damaged by, or as a result of, the Contracto/s Work under this Contmct shall be repaired or replaced, as directed by the Direclor, at the Contracto/s expense. 3. The Contraclor shall remove from ttle vicinity of the comdeted Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under hiJher direclion dunng onstruction. ll Contractor fails to completely remove such items wflhin a reasonable time the City may do so at the Contracto/s expense, 215 C. La\,!,s and Regulations '1. The Contrrctor shall obey all laws, ordinances, and regulations in any manner affecling those engaged or employed on the Work, or the materials used in the Wo*, or in any way affecting lhe conducl of the Work, and of all court orders and decrees having any junsdiction or authonty over the same. lf any discrepancy or inconsislency should be discovered in this Contracl, or in the Drawings or Specificalions herein refened to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to lhe Direclor. 2. Contraclor shall, at all limes, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in efiect or which may become efieclive before Final Completion ol lhis Conlracl. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. ll the Contractor ascertains at any time that any requirement ol lhis Contracl is at vanance with such applicable law requirement, hdshe shall immediately notify the Direc{or. 4. ll suc{r applicable law requicment was not in effecl on the dale of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. lf such applicable law requirement was in effecl on said dale of bid submission, no adjustmenl of Contract price will be mnsidered. 5. The Contraclor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or requiEd in conneclion with the Work. WARMNTY AND CORRECTIONS A. Wananty1. Wafiantv. The Contsactor wanants to the City that: (i) materials and equipment fumished under the Contracl will be of gmd quality and new unless ohenvise required or permitted by ihe Contracl Documents; (ii) the Work will be of good quality and free from defecls; (iii) the Work wrll conform to the rEuirements of the Contract Documents; and (iv) Contractor will deliver the Prolec{ free of stop notice claims. Work not mnforming to these requirements, including substitutions not accepled by the City, will be deemed defective. The Contrmto/s wananty exdudes improper or insufficient mainlenance, improper operation, or normal \4ear and tear and normal usage. lf required by the City, lhe Contractor shallfumish satisfaclory evidence as lo lhe kind and qualrty ol materials and Euipment. This waranty is not limited by the coneclion obligation of Paragraph 2.04 herein. 2. Ovsla. Where any wananties provided under the Contrrcl Documents overlap, conflicl, or are duplicative, Contractor wtll be bound by the more stringent requirements. 3. hwrement md Assionment of Wananties: Contraclor 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 wanantres or guarantees whici Contractor is required to obtain pursuant to the contmct Documents and which Contractor obtained from any other person or ent y other than Contractor induding, but not limiled to, Subconlractors and manuleturers, and fu(her agrees to perform the Work in such a manner so as to prcserve any and all such wananties. Contractor shall secure wntlen wananties from all Subcontractors. Conlractor and its Subcontraclors shall offer any wananty upgrades or extensions that are offered by manufacturers of any equipmenl or system installed in the Work to the City. Contractor shall deliver to City all wananty and guaranlee documents and policies. 4. Su|ivd of Wanantra: The pmvisions of this paragraph 2.15 wll survive Contracto/s completion of the Work or terminalion of Contractor's prformance of the Work. Coneclion of Work 1. Beforc ot After Final C.anpletion The Contractor shall promptly conecl Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documenls, whelher discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of conecting such rejected Work, including addilional testing, inspections, and compensation for the City's services and expenses made necessary thereby, will be at the Contractor's expense within the Conlrrct Price. 2. Afrer Final funoletion. (a) ln addition to the Conlractor's wananty obligations under Paragraph 2.15-A, if, wilhin one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special wananty required by the Contract Documents, any of the Work is found lo be nol in accordanc€ with lhe requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within lorty€ight (48) hours afler receipl of wntten notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to lhe City after Final Complelion ol lhe Wo*. The City shall give such notice promptly after dismvery of the condition. (b) lf the Contractor fails to commence conection or replacement of non+onforming Wo* within forly€ight (48) hours after receipt of wrinen notice, the City will proceed to have defects repaired or replaced at the expense ofthe Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may ciarge such msts againsl any paymenl due Contractor. lf, in the opinion of the City, defeclive work creates a dangerous or hazardous mndition or requires immediate conection or attention lo prevent further loss to the City or to prevent rntenuption of operations of the City, the City may take immediate action, give nolice, make such conection, or provide such attenlion and the mst of such conection or attention will be charged against lhe Contraclor. Such action by the City will not relieve the Contractor of the warranties povided in this Article or elsewhere in the Contract Documents. 3. Replacenent or Removal ol bf*live w Unauthoized Wot*. The Contractor shall remove from the Site and replace lhose porlions of the Work which are not in accordance with the requirements of the Contract Documents rn a manner acc€ptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement. Drrector shall have authorily to cause defective work to be remedied, removed or replaced and to deduct the costs lrom monies due or to become due to the Conkactor. 4. Destrudion or Damaae. ln lhe evenl the Contractor destroys or damages any conslruction of the City or another @nlraclor while conecting or removing Work which is not in accordance with the requiremenls of these Contract DooJments, the Contractor shall bear the cost of repainng or reconstructing that other construction as well. t.to 5. No Limitdion Nothing contained in Paragraph 2,15-8 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 2.1!B relates only to the specific obligation of lhe Conlraclor to conect the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontracto6 and employees shall comply with all litter and pollulion laws and il shall be the responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site ftee of waste materials, debris, and rubbish and in a clean and orderly mndition; and Remove waste materials, debds and rubbish from site and dispose ofi-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediale anysanitary sewer overflow arising out ofthe Work, The Contractor shallfumish and operate a setf-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 Contracto/s operations. For purposes of this Paragraph, the affected areas include the project Site as $,ell as all haul roules to and from the project Site and all areas of construction and restoralion which have not been completed. C. The Contractor shall take appopnate ac{ion to ensure that no dust originales from lhe project Site. D. Any equipment or vehicles driven and/or operated wthin or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevenl leaks of materials lhat if introduced to water could be deleterious to aquatrc life. E No debris, soil, silt, sand, bark, trash, saudust, rubbish, cement or conqele or washings thereof, oil or p,etroleum producls or otherorganic or earthen matenalfrom any construction, or associated activity or whalever 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, WATER POLLUTION CONTROL A. The Contraclor shall meel all applicable City of Vernon, state and Iederal clean water laws, rules and regulations including but not limited to all conditions selforth in the Vemon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activilies including, but not limited to storm and/or sanilary sewer syslem inspection and repair, street sweeping, trash pic*-up and dispsal, and street and rightof-way construction and repair are required to implement and marntain 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 nol discharge any water containing lrash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from ils sweeping vehicles upon any oty street, lo any storm drain or any non-permitted outlet. As part of its submission, mntractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. ln addition, Contractor shall comply with all NPDES requirements at its maintenance facililies, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any conlract resulting from this solicitation, 217 Table 2-1. Bl\,lPs for Public Agency Facilities and Activities General and Activity Specific Bl/'lPs GeneralBl\.,lPs Schedulinq and Planninq Spill Prevention and Control Sanitary/SepticWaste Manaqement MaterialUse Sater Altemative Products Vehide/Equipment Cleaning, Fueling and Mainlenance lllicit Connection oetection Reportina and Removal llleqal Spill Discharqe Control l\,laintenance Facility Housekeepinq Praclices Flexible Pavement AsDhalt Cement Crack and Jornt Grindinq/ Sealina Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emerqency Pothole Repairs Sealing Operations Rigid Pavemenl Portland Cement Crack and Joint Sealinq Mudiackinq and Dnllina Concrete Slab and Spall Repair Sope/Drainsly'egetation ShoulderGrading Nonlandscaped Chemical Veqelation Control Nonlandscaped Medranical Veqetation Control/Mowinq Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Fence Repair Drainage Ditdr and Channel Maintenance Drain and Culvert Maintenance Cub and Srdewalk Repair Litter/ Debris/ Gratfiti S,i/eeping 0perations Litter and Debris Removal Emergency Response and Cleanup Practices Gratfiti Removal Landscaping Chemical Vegetalion Control Manual Vegetation Control Landscaped Mechanic€l Vegetation Controu Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal lnigation Line Repairs lnigation (Watering), Potable and Nonpotable Environmental Storm orain Stenciling Roadside Slope lnspection Roadside SlabiIzalion Stormwater Treatment 0evices Traction Sand Trap Devices Bridges Welding and Grinding Sandblasting. WelBlast with Sand lnjection and Hydroblasting Painting Bndge Repairs OtherSlructures Pump Station Cleaning Tube and Tunnel Mainlenance and Repair TowTruc* Operations Toll Booh Lane Scrubbing Operatbns Eleclrical Sa,,lcuttinq for Loop lnslallation TraffcGuidance Thermoplastic Striping and Marking Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Banier and Guard Rarl Repair Emergency Vehicle Energy Atlenuatron Repair Storm l\.lainlenance Minor Slides and Slipouts Cleanup/ Repair Management and Supporl Building and Grounds Maintenance Storage of Hazardous l\,laterials (Working Stock) Material Slorage Control (Hazardous Waste) outdoor Slorage of Rav{ Materials Vehrcle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Mainlenance and Repair Aboveground and Underground Tank Leak and Spill Control Water Ouality Protection Requirements for Construction P@ects with Less than One (1) Acre of Disturbed Soil. All construclion proiecls, regardless ol size, will be required to implemenl best management praclices (BMPS) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requiremenls and implement all applicable set of BMPs as defined in T able 2-2. Iable 2-2 Minimum Water Quality Proteclion Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the poject site shall be retained using adequate Treatment Conlrol or Structural BMPs. Sediment Control 2. Non-Stormwater Manaqement, Waste Conslruction-related materials, wastes, spills or residues shall be retained at the Droiect site to avoid discharoe to Stormwater Manaoement: Waste Management and Malerials Pollution Control streels, drainage facilities, receiving waters, or adjacenl properties by wind or runoff, Non-storm water runoff from equipmenl and vehicle washing and anv other activitv shall be mnlained al the Droiect sites, Management 3 Erosion Conkol Erosion from slopes and channels shall be controlled by implemenling an elfeclive combination of BMPS, such as the limitrng of grading scheduled during the wet seasoni inspecling graded areas during rain eventsi planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Conlrol Please refer to the Califomia Stormwaler Quality Association's Construction Handbook (available on their website: www.cabmphandbooks.com) for further informalion regarding the BMPS listed in Table 2-2. All construction projects with Less lhan One ('l) Acre of Disturbed Soil shall submil lo the City a signed Slatemenl of lnient to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contraclor may setf{erlity lhat the follo$ring training was completed on an annual basis providing hey cerlity hey have received all appli{:able baining: . The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affecl slormwater quality) on the requirements of the overall stormwater management program. o When the Work includes the use or have the potential to use pesticides or ferlilizers, 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: 'l) The potential for pesticide+elated surface water toxicity 2) Proper use, handling, and disposal of pesticides 3) Least toxic methods of pest prevention and control, including lntegrated Pesi Management 4) Reduction of pesticide use C. Water Ouality Proteclion Requiremenls for Construction Pojects with One (1)Acre (or greater) of Disturbed Soil. ln addition to the minimum BMPs required in Paragraphs A and B, all construction projects where al least one (1) acre of soil will be disturbed, constnrclion activity that results in land surlace disturbances of less than one acre il the activity is parl ofa larger common plan ofdevelopment, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit (20090009-DWQ Permit). Prior to commencement ol conslruction activities, the Permit Registration Documents (PRos) must be submitted electronically in the Slorm Water MultiApplication Report Tracking System (SMARTS) . PRDS consist ofthe Notice of lntenl, Risk Assessment, Post-Constn,ction Calculalions, a Site Map, the Storm Waler Pollulion Prevention Plan (SWPPP), a signed cerlific€lion statement by the Legally Responsible Person (LRP), and the lirsl annualfee. D See: r more information. A Waste Discharger ldentification (WDID)willbe emailed to lhe LRP afterthe PRDs have been submitted and are deerned complete. Conslruction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Proiect caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a bnef desffiption of the project; 2. Contact infomalron for the owner and conlraclor;3. The building permrt number for the projecl;4. The grading permil number for the p@ect (where applicable); 5. A list of major conslruction materials, wastes, and activities at lhe proiect site;6. A list of best management pretices to be used to control pollutant discharges from major conslruclion materials, wastes, and activities;7. A sile plan (construction plans may be used) indicating the selec{ion of BMPS and their location where appropriate;8. Non-slorm water discharges, their locations, and lhe BMPS necessary to prevent the discharge;L A maintenance and self-inspection schedule of the BMPS to determine the effectiveness and necessary repairs of the BMPS; and 10. A certilication statement that all required and selected BMPs will be eflectively implemented. Wilhin seven (7) days after the City awards the Contrel, the Confador shall submil ry4.,jll opies of the proposed SWPPP to the City. The City shall review lhe SWPPP wilhin 14 days of receipt of the plan. ll revisions are requircd, the Contraclor shall revise and resubmit the documenl within seven (7) days ol ils receipl ol the City's comments. The City shall lhen have seven (7) days to consirler the revisions made by the ContEc{or and appmve the SWPPP. The Contractor shall maintain a minimum of tuo (2) readily accessible mpies of the SWPPP at the Proiect site. The SWPPP shall be made available upon request of a representative of lhe Los Angeles Regional Water Qualrty Control Board (LARWQCB) or lhe U.S. Envimnmental Protection Agency (U,S. EPA). Requests by envionmental groups and the public shall be directed to the City. Best Managemenl Practices The objective of the SWPPP is to identify potential sources ol pollution lhal may reasonably affec{ the quality of slorm water disdrarge associated with construclion activities. The plan will describe and ensure the implemenlation of Best Management Praclices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construclion site. A Besl Management Practice is delined as any program, technology, process, operating melhod, measure, or device that controls, prevents, removes, or reduces pollulion. The Conlractor shall select appropriate BMPs from the Califomia Stormwater BMP Handbook, Municipal, lndustrial, New Development, and Construction Volumes (www.cabmohandbooks.com) in conjunciion with all activilies and construction operations. Copies of the Califomia from: Califomia Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 Stormwater BMP Handbooks may be obtained Cashier Los Angeles County DPW 900 South Fremont Avenue E F. www.cabmDhandbooks.com Alhambra, CA 91803 Tel. No, (626)45&6959 lmplementation The Contractor will be responsible thoughout the duralion 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, contraclo/s activities, or mnstruction operatlons. The Contractor shall demonstrale the ability and preparedness to lully deploy these SWPPP control measures to protect soildisturbed areas of the pojecl sile before lhe onset of precipitation and shall maintain a detailed plan for the mobilization of sufficienl labor and equipment to fully deploy these control measures. Throughoul the winter season, active soil-disturbed areas of the pojecl site shall be tully protected at the end of each day wth these control measures unless fair wealher is predicted through the following day. The Contractor shall monitor daily weather forecasts. ll precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and lhe Contractor shall deploy functioning control measures prior to the onsel of lhe precipitalion. The City may order the suspension of construction operations which are creating water pollution il the Contractorlails to conform to lhe requirements of this Paragraph2j7. Unless olherwise directed by lhe City, lhe Conlractor's responsibility for SWPPP implemenlation shall continue throughoul any temporary suspension of the Work. Sewage Spill Prevention. The Contracto/s attention is directed to the sewer bypass operalion required during any sewer construction pursuant to the 2012 edition ol the "Greenbook' Standard Specificalions for Public Works Construction, Section 500.1.2.4 or as lhat seclion is subsequently amended. The Contractor shall exercise extraordinary care to prevenl lhe cause of events that may lead to a sewage spill. ln lhe evenl of a sewage spill, lhe Contractor shall make anangements for an emergency response unit comprised of emergency response equipment and trained personnel lo be immediately dispatched to the prciect site. The Contractor shall be fully responsible for preventing and conlaining sewage spills as well as recovering and properly disposing of raw sewage, ln 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 Contracto/s expense. The Contractor shall take all measures necessary to prevent further damage or service intemrplion and to contain and clean up the sewage spills. Sewage Spill Telephone Notification Should a sewage spilloccur, the Contractor shall immediately reporl the incident to both of these two City Depa(ments: Sewer Maintenance Services Vernon Conlrol Center (323) 82&1461 Fire Department Dispatch Center........... 911 The Contraclor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers ol City represenlatives such as Project Managers and lnspectors. However, if these City representatives are not available, then the Contractor shall immedialely call: G cty Vince 8811 Rodriguez,Projecl Coordinator 583- Sewage Spill Written Notification The Conlractor shall prepare and submit a written repo to the Director wilhin three (3) Working Days from the occunence 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 4. The cause 5. The type ol remedial and/or cleanup measures taken and date and time implemented 6. The coneclive and preventive action taken, and 7. The water body impacted and results of necessary monitoring Enforcement The City is subject lo enforcemenl actions by the LARWQCB, U.S. EPA, environmental goups and private citizens. The Conlraclor shall indemnify, defend and hold City, its offrcers, agents and employees harmless from Contracto/s failure to comply and/or fulfill the requhements set forth in lhis Paragraph 2,17. Contractor shall be responsible for allcosts and liabilities imposed by law as result of Contracto/s failure to comply and/or lulfill the requirements set lorth in his Paragraph2.17 . The cosls and liabilities indude, but are not limited to lines, penalties and damages whether assessed against the City or the Contractor. ln addition to any remedy authorized by law, any money due lo the Conlractor under this contracl shall be retained by the City unlil allmsts and liabilities imposed by law against the City or Contractor have been satislied, Maintenance The Contraclor shall ensure the proper implementalion and functioning of BMP mntrol measures and shall rqulariy inspect and maintain the construction site for lhe BMPs idenlified in lhe SWPPP. The Conkac{or shall identify coneclive actions and time frames in order to properly address any damaged measure, or reiniliate any BMPs that have been discontinued. lf the City idenlifies a deficiency in the deployment or Iunclioning of identified control measures, the deficiency shall be corrected by the Contraclor immediately or by a later date and time if agreed to by Director aM if requesled in Miting, but not later than the onset of the subsequent precipitation events. The coreclion of deficiencies shall be at no additional cost to the City. Payment All costs involved in the implementation of the SWPPP, including fumishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, mainlaining, removing, and disposing of control measures, excepl those that were installed as a Publc (323) H J K Works 218 part of another structure, shall be included in the unit prices bid for the various related items of work and no additlonal compensation will be made therefor. SOLID WASTE DISPOSAL AND DIVERSION The Conlractor shall submit to the oirector the following summary ol solid waste generated by the Work, disposed in Class lll landfills, or diverted from disposal through recycling. Report disposal in inerl fill separalely. This lorm musl be acmmpanied by legible copies ol weight tickets, receipls, or invoices that specifically identify the projecl generating the material. Said documents must be from recyclen and/or disposal site operators that are acceptable to the Director. Further, the documents musl be submined to the Direclor wilh each application for progress payment. Failure to subm the form and its supporting documentation will render the applicalion for progress paymenl incomplete and delay progress payments. SUMMARY OF SOUD WASTE DISPOSAL AND DIVERSION Project Title:Specffication No Type of Materlal la) DsFsed n Oass lll Landfls (b) tIl,elbd from Cl6lllta rfis by Recldig (c) [-!a'leTh6 Cotlnn Bankl (d) ttrposed in hen Fik Tons/CY ToogCY TonYCY Tons/CY tuphall Concrete oflel SegEgaled Matedars (oes.,lbe): M6cellaneous Conslruclon Tota 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 producls for use by the City, Those items should be clearly identified. The City may require fu(her informalion or documenlalion to asce(ain the suitability/appropriateness of a proposed product. [END OF ARTICLE] 301 ARTICLE 3 - TIME OF COMMENCEMENTAND COMPLETION COMMENCEMENT. PROSECUTION. AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perlorm any Work the Contract Documents until he/she has received from the City an official notfication to commence Work. The date on which the notification is received by the Contractor is herein refened to as the Notice lo Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice lo Proceed is issued, The Notice to Proceed shall be issued after the Contracl is properiy execrted, bonds are fumished and approved, and insurance has been submitted and approved, B, Proseculion ol the Work Work shall be continued at all tmes with such force and equipment as will be sufficient to complele 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 ol this Contract. The Work shall be completed in its entircty and made ready for service wihin forty-five(45) calendar days following the Date of Commencement established in the Notice to Proceed ("Contracl Time"). By executing the Contracl, Contlactor confirms that the Contract Time is a reasonable period for performing the Work. CITYS DISCREIION TO EXTEND CONTMCT TIME ln the event the Work requied hereunder is not satisfactorily completed in all parts and in compliance with the Contracl Documents, City shall have the right, in ils sole discretion, to increase the number of Wo*ing Days or not, as may seem best to serve the interesl of City. A change order e(ending the Contract Time only will be issued by the City should the Crty decide to increase the number of Working Days. SUBSTANTIAL COI\,IPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or deslgnated portion thereof, Contractor shall prepare and submit to the Direclor a request for inspection and a comprehensive punch list of items to be completed or conected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City lnspection Upon receipt of the Contracto/s punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. lf the inspectron discloses any item, whether or not included on the Contracto/s punch list, which is not sufiiciently complete in accordance with the Contract Documents so that the City can occ.upy or utilize the Work or designaled portion thereof for its intended use, the Contractor shall, belore City's issuance of lhe Certificate of Substantial Completion, complete or conecl such item upon notmcation by City. The 302 303 304 Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certrflcate of Substantial Completion When lhe Work or designated portion thereof is substantially mmplete, the Director will prepare a Certillcate of Substantial Completion which shall establish the date of Substantial Completion, shall eslablish 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 tinish all items on the Contractor's punch list accompanying the Cerlificate. Wananties required by the Contract Documents shall commence on the dale of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. DELAYS AND EXTENSIONS OF TIME FOR CONTMCTOR A. The Contractor shall take reasonable precaulions to foresee and prevent delays to the Work. ln the event of any delay lo the Work, the Contraclor shall revise his/her sequence of operations, to the extent possible under the terms of lhe Contract, to offset the delay, B. lf any delayto the Work is caused by circumstances within the Contracto/s control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation lor damages resulting directly or indireclly lherefrom. C. lf any delay having a direcl effect on the Work is c€used 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 mmpensation. Excusable but not compensable causes include but are nol limited to labor disputes, weather conditions unfavorable lor prosecution of the Work, and force majeure, D. lf any delay having a direct effect on lhe Work is caused by failure of the City to provide information as specrfled, or necessary instructions for carrying on the Work, or to provide the necessary righl 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 Conlractor to an equivalent exlension of time, and to compensalion for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in wnting of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning ol 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 pmvide a written report evaluating the impact of the delay which shall include, al a minimum, all of the following: 1. a nanative description of the delay and its impact on the critical palh to Substantial Completion of the Work or a po(ion 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 ofextension sought by Contraclor as an adjustment to the Contract tme; 4. a statement that funtractor has complied wilh the requirements of the General Condrtions for wntlen nolice of delays, along with the dates and copies of such notices; 305 5. the measures taken by Contraclor and Submntractors to prevent or minimize the delay; and 6. the Contaclo/s recommendalions for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of lime or compensation for damages resutling from delay will be granted unless the delay affecls the timely completion of the overall Work under the Contrac{ or the timely mmpletion of a portion of the Work for which a time of completion is specified. G. The Director will investigate the facls and ascerlain the extent of the delay, and his/her findings thereon shall be final and mnclusive. H. Failure of the Contractor to give Mitlen nolice 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 slated above shall constitute a waiver of all claims lherelo. l. When a Conlcclor experiences two concunent delays, one compensable and the other excusable, no compensalion olher lhan an extension of time wrll be allowed. J. An extension of lime must be approved by the Director lo be effectrve, but an exlensron 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. CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather condilions or conditions resulting from inclement weather are unfavorable for the prosecutton ol the Work. The delay caused by such suspension may entitle the Contractor to an extension ol time but nol lo any other mmpensation, B. lf the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension ol time but not to any other compensation. C. No e(ension 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 specilied. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Conkactor lo an e(ension ol time shall be made and agreed to in Miting by lhe Director and the Contractor on each day that Wo* is suspended. ln the event of failure to agree, lhe Conlractor may protest under the provrsions of Pa'agaph 7 .07 . D. lf Work is suspended and an exlension of time is granted under this Paragraph 3.05 the Conlractor will be entitled lo a one day exlension of time for each day that he/she is unable lo Work at least one-halfof his/her cunent normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contracto/s WorHorce is dismissed as a result thereof, then hdshe will be entitled to a one day extension of time whether or not mnditions change thereafter and the major portion of the day is suitable for Work. COMPLETION AND ACCEPTANCE A. Upon requesl by the Contractor, the Direclor shall conducl a final inspection of the Work. lf, in the Dtrectot's opinion, Final Completion has been achieved, the Director will accept the Work by issuing a 'Nolice of Completion" of the Work to the Contractor. Upon the issuance of the Notice of Completion 306 307 the ConFactor will be relieved flom Esponsibility 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. LIOUIDATED DAMAGES A, Contractor and City agree to liquidate damages in the amount of one lhousand fle hundred dollars ($1,500) per day, wflh respect to Contreto/s failure to rchieve Substantral Completion of lhe Work within the Contcct Time. The Parties intend for the liquidated damages set forth herein to apply lo his Contract as set forth in Govemment Code Seclion 53069.85. The Contractor acknowledges and agrees that the liqurdated damages are intended to compensate City solely for the Conlracto/s failure to meet the deadline lor Substantial Completion and shall not exorse Contfaclor from liability from any other breach, including any failure of he Work to conform to the requiremenls ol the Conlract Documents. B. ln the event that Contractor fails to achieve Substantial Completion of the Work within he Contrrct Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed, C. Contrtrlor and City aknowledge and agree thal lhe foregoing liquidated damages have been set based on an evaluation of damages that the City will inorr in the event of late comdetion of the Work. Contractor and C[y acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective dale hereof and have agreed lo such lhuidated damages to fix Cit/s damages and lo avoid laler disputes. ll is underslood and agreed by Conkmtor that liquidated damages payable pursuantto this Agreement are not a penalty and that sud) amount ale not manifestly unreasonable under lhe circumslances exisling as ol tk effective date of this Agreement. D. ll is further mulually agreed thalCity shallhave the righlto deductliquidated damages against progress payments or retainage and that the City will issue a Construclion Change Diective and reduce the Contract Sum mrdingly. ln the evenl the remaining unpaid Contmcl Sum is insufficient to cover the full amount ol ftquidated damages. Contrdctor shall pay the difference lo City. IEND OF ARTCLEI 401 ARTICTE 4 - CONSTRUCTION SCHEDUTES BASELINE PROJECT SCHEDULE The Contraclor shall submrl his/her rrcrk Baseline Project Sdredule, in electronic as well as hardropy format, lo lhe Director al the preconstruc{ion meeting showing in detail how the Contractor plans to execute and mordinate lhe Work. The construction schedule shall show the sequence of r/'ork, critical path and estimated time for completion of each segment of work. This schedule must be revietrrcd and accepled by lhe Director before the Contraclor will be permitted to begin rrrcrk. ln addition, the Contractorshall submit a detailed schedule lorecasting two (2) weeks of work dessibing each day's work. This schedule shall be updated and submitted to lhe City every other Monday during lhe construction penod. The Contractor shall give 48 hours notice to the City Engineer prior to the slart of the r,\ork. Formal 4 1 At a minimum, the Baseline Projecl Sciedule aclivitres shall be coded on a work disopline basis and by geographic area or location on the Pro,ect. The Baseline Project Sciedule shall include a detailed description ofeach aclivity code. The Baseline Project &hedule shall be based on and incorporate contracl milestone and completion dates specified in the Contract Documents. ll shall depicl events, jobs, and their interrclationships and shallremgnize the progress that must be made on one task belore subsEuent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interaclions required to perform the Work of the Project. overalltime of completion and time of completion for each milestone shown on the Schedule shall adhere lo the specitied Contrac{ Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed lo by the City and formalized by Change order. Contractor shall use lhe latesl version of Microsoft Proiect or equivalent software agreed lo by the parties. The City will review the submitted Baseline Poject Schedule for mnformance with these scheduling requirements, Wthin fourleen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will retum it with mmments. lf the propsed Baseline Projecl Schedule is accepled by the City, it shall be deemed part of the Contract Documents, lf the Baseline Projecl Schedule is not repted by Crty, Contractor shall revise lhe Baseline Pojecl Schedule, in acmrdance wth lhe recommendations of the Crty, and re-submit same for acceplance, no later than seven (7) calendar days after receipt of said recommendalion. Acceptance ol Baseline Proiecl Schedule by City, failure to include an elemenl of work, or inacarracy in Baseline Projecl &hedule shall nol relieve Conlraclor ftom the responsibility for accomplishing the Work in acmrdance with the Contract Documents. Float 1. Critbal Work aclivities are defined as Worft activities which, if delayed or extended, will delay the scheduled mmpletion of the mileslones and/or time of mmpletion. All other Work aclivities are defined as nonqrtical Work activities and are considered to have float. Float is delined as the time that a non{ritical Work adiv y can be delayed or exlended without delaying the scheduled ompletion of the milestones and/or time of completion, Float is mnsidered a Project resource available to either party or both parties as needed. once idenlified, Contraclor shall monitor, account for, and maintain floal in accordance with Critical Path Methodology. B Delays of any nonantical Work shall not be lhe basis for an extension of Contracl Time until the delays consume all float associated with that norcntical Work ac{ivrty and cause the Work ac{ivity to become cntical. It is acknowledged lhat City€used time savings (i.e., critical pah submittal revier,\6 retumed in less time than allor,lred by the Contracl Documents, approval of substitulion requests which result in a savings of time lor Contrac{or, etc.) create shared float. Acmrdingly, Citycaused delays may be offsel by City€used time savings. c. D. Eady Completion While the Contraclor may schedule mmpletion of the Project eadier than the date established by the Contract Doflments, no additional compensation shall become due the Conlractor for the use of float time betu/een lhe Contraclo/s proiecled early completion date and the date lor Substantlal Completion established by lhe Conlracl Documents, unless an earlier (advanced) time ol complelion is requested by Contraclor, agreed to by the City, and formalized by Change order. SCHEDULE UPDATES A. With each Application for Payment submitted by Oontractor (other than the final Application for Payment), the Contractor shall submit to the Crty an updated Project Schedule revised to indicate the Work mmpleted, status of Work in progress, all progress slippages, mrective aclions taken, or slippage carry{ver, for all anticipated delays or difficulties, and all other inlormation requircd to accuft ely present the aclual slalus of the progress of the Work as of the dale of lhe Application for Payment ll the Contractor does not submit an updaled Project Schedule with an Applicalion for Payment, City may withhold paymenl, in whole or in part, unlil the updated Projecl &hedule is submined. ln lhe evenl that an update to lhe Projecl Schedule indicates a delay lo lhe Contract Time the Contraclor shall popose an afiirmative plan to mnecl each such delay, including overlime and/or additional labor, it necessary. ln 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 Direclive. B. Al no time shall hisloricaldata contained within the updated Projecl Schedule (i.e. mmpleted activities) be removed and/or altered in any way. This historicaldata is to be preserved within each ol the uFated Project Schedules and submitted with the final schedule udate to reflecl the aclual start and finish dates lor each aclivity within the Schedule. C. Any 'rcrk stoppages within indrvidual 'rork aclivities that exceed seven (7) calendar days in dunalion shall be clearly indicated within the u@ated Poject Sdredule. ln cases where unplanned activity work stoppages exceed seven (7) calendar days aclivities shall be added to the Pmject Schedule to cl€arly indicate the work stoppage period and identi! forecasted resumption and completion of the activity where $,ork has stopped. Contractor shallcleariy note all sciedule revisions when Pmject Schedule uNates are submitted, as required in this Paragraph 4.02 above. NONCOMPENSABLE EXTMORDINARY MEASURES A. Should the City determine, in its sole Judgmenl, that the performance of the Work has nol progressed to the level of complelion required by the Contract Doclments, City shall have the right to order the Contractor to take conective measures lo expedite the progress of construction, at no additional cost to the Crty, including, without limitation, the following: 3 402 403 4U 1. Working additional shifts of overtime. 2, Supplying additional manpotver, equipment, and/or facilitles. 3. Reschedule aclivities to maximize pcclical mncunence of accomplishmenlof activilies. 4, Submitting a Remvery &hedule discussed above, for resequencing performance of the Work or other similar measures. 5. Any olher aclions that may be necessary to mitigate delaF. B. Such Exlraordinary Measures shallmntinue untilthe progress ofthe Work is no longer behind schedule and/or reaches lhe stage of mmpletion required by the Contract Doorments. Conlraclor shall nol be entitled to an adiusment in he Contracl Sum in connection with the performance of any sudr Extraordinary Measures required by the City under this Paragraph. The City may exercise the nghts fumished the City pursuant to this Pacgraph as frequenUy as the City deems necessary lo ensure that lhe Contracto/s performance of the Work will mmply with the Contract Time or intenm completion dates set fo(h in the Contract Documents. tf Conlraclor or its Subcontractors fail to implement or mmmence Eftaordinary Measures within ten (10) calendar days of Cit/s ffitten demand, C y may, without prejudice to ottrer remedies, take conective aclion at the expense of the Contractor which shall reduce the Contracl Sum aoordingly. CONDITION OF PAYMENT Compliance by Contraclor with the requirements of the Conlract Documenls perlaining lo preparation, submission, revising and updating ofthe Schedule is a condition precedenlto City's obligation lo make paymenl to Conlraclorofany orallsums that mightotheMise be due to Contrrctor in lhe absence ol such noncompliance. Payment by City under circumstances in which City,lorany reason,lails or elects nolto assert its righlto withhold paymenlfor noncompliance with this Paragraph shall not be construed as a waiverofthe right lo withhold fulure payments on account of such noncompliance or any other noncompliance. IEND OF ARTTCLEI ARTICTE 5 - SUSPENSION OR TERMINATION OF CONTRACT TERMINATION BY THE CONTMCTOR A. Contractor shall have the right to terminate its performance of lhe Contracl only upon the occunence of one of the following: 1. The Work is stoppd lor a period of ninety (90) consecutive days lhrough no acl or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agenls or employees, or any other persons or entrties performing portions of the Work under direct or indirect contract with the Conlractor, due to: 501 5.02 a. the rssuance of an order of a court or other public authority having jurisdiction; or b. an act of govemment, such as a declaralion of national emergency making material unavailablei and Contretor has given City Mitlen notice within ten (10) days of the occunence of sudr gound for termination, then the Contractor may, upon thidy (30) addilional calendar days wdtlen notice lo City, unless the reason has lheretofore been cured, terminate its perlormance of the Work. 2. The Work is stopped for a period of 120 consecutive days through no ac{ or fault of Conlraclor, any Subcontretor, Sutssubcontretor, their agents or employees, or any other persons orentities perlorming portrons of the Work under direct or indiEct contract with the Contractor, because lhe Crty has peGistently lailed to perform any matenal obligation under the Contract Doo.,ments and fails to cure such default within ninety (90) days after the receipt of notice from Conlraclor stating the nature of sudl default. B. ll Contrac{or terminates its performance of trhe Contracl in accordance with this Paragraph 5.01, lhe City shall pay Contractor for the Work exeoted thmugh trhe date of termination as set forlh in Paragraph 5.04{ below. TERMINATION BY THE CIW FOR CAUSE A. Grounds The City shall have the right lo teminate the Contraclo/s perlormance of lhe Contracl, in wtple or in part, without liability to City if: 1 . Contraclor fails promptly to begin the Work under the Contract oocuments; or 2. Contractor refuses orfails to supply enough popedy skilled r,rcrkers or poper materials; or 3. Contraclor fails to perform the Wo* in accordance with the Contract Documents, including conforming lo applicable standards set forth therein in onstructing th€ Project, or refuses to remove and replace rejecled materials or unacceptable Work; or 4. Contraclor discontinues lhe posecutlon of the Work (exclusive of r ork stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Maleure event or suspension by City); or 5. Contraclor 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) afler cessation of the event preventing performance; or 6. Any representation or wananty made by Contraclor in the Contract Documents or any cenificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleadirE when made; or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance wth the respeclive Contract Documents and applicable law; or L Contraclor disregards laws, ordinances, or rules, regulations, or orders ol a public authority having jurisdiclionlor 9. ConFaclor is guilly ol breach of a pmvision of the Contccl Documents; or 10. Contraclor becomes insolvent, is adjudicaled bankrupt, or makes a general assignment for the benefit of creditors and fails to povide City with adequate assurances ol Contraclo/s ability to satisfy its mntractual obligations. A receiver, trustee, or olher judidal officer shall not have any nght, title, or interest in or to the Contracl. Upon that person's appointmenl, City has, at its option and sole discEtion, the right lo immedialely cancel the Contracl 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 flve (5) calendar days witten notce, terminate Contracto/s perlormance 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 o! rned by $e Contrelor; 2, Withhold trom Contractor amounts unpaid hereunderand to offset sudl amounts against damages or losses incuned by City; 3. Accept assignmenl of subcontrac{s from Contrac{or, at the sole discretion of City, and 4. Finish the Work by whatever reasonable method the C y may deem expedient. Upon request ol the Contraclor, the City shall fumish to the Contraclor a detailed accounling of the msts incuned by lhe City in finishing the Work. C. Costs lf City's costs to mmplete and damages incuned due to Contracior's default exceed the unpaid Conlract balance, the Contrelor shall pay the difference to the City. D. WrongfulTermination lf it has been adjudicated or otheMise determined that City has wrongfully terminated the Contraclor for cause, then said termination shall be deerned converled lo a termination for convenience as set forth in Paragraph 5.Ol and Contraclo/s remedy for wrong{ul termination in suct event shall be limited to the recovery of the payments permftted lor termination for mnvenience s set forth in Paragraph 5.04. 5.03 PARTIAL DELETION ORSUSPENSION OF WORK BYTHE CITY A. Contrrctor agrees thal the City may delermine whether any or all of the Work described in the Contracl Documents shall be deleled or perlormance suspended without electing to teminate the Contracto/s performance under the Contract and without any penally being incuned by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invaldate the Contract nor shall it provide Contretor with any basis for seeking payment ftom City for Work deleted or suspended E excepl to the exlent such Work has already been pe,fomed and is otheMise compensable under the Conlract 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. ln the event of any partial or complete deletion or suspension of Work, th€ qty shall fumish Contrctor with prompt wdtten notice hereof, and the City shall be entitled to take possession of and have as its pmpedy all Reord DoqJments, Accountrng Records, and oher data prepared by Contrrclor or its Su bcontractors. Suspension for Convenience. 1. The City may at any time and ftom trme to time, withoul cause, order the Contraclor, in mrting, to suspend, delay, or intenupl the Work in whole or in parl for such period of time as the City may determine. Such order shall be specific€lly identified as a "Work Suspension Directive" under his Seclion. 2. Upon receipt of a Work Suspension Directrve, Conlractor shall, at the City's expense, comply wth rts terms and take all 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 e(ension lo lhat period as is agreed upon by Contractor and the City, lhe City shall either cancel the Work Suspension Directive or delete the Wo* covered by snch Work Suspension Dircctive by issuing a Change Order or Construc{ion Change Dircctive. 4. ll a Work Suspension Directive is cancelled or exprm, Contractor shall contrnue the Work. A Change order or Construction Change Direclive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adiustrnent shall be made to the extenl: (a) Thal performance is, was, or r,vould have been so suspended, delayed, or intenupted by another cause for which the Contractor is responsiblei or (b) That an equitable adjustment is made or denied under another provrsion ol the Contract. Suspensions for Cause City has the authority by wrinen order lo suspend the Work, in whole or in part, without liability to City for Contraclo/s failure lo: 1. Conect mnditions unsafe for the Project personnel or general public, or 2. Carry out the Contract;or 3. Carry out orders of City. Responsibilities of Contrdctor During Suspension Periods During periods that Work is suspended, Contretor shall continue to be responsible for th€ Work and shallprevent damage or injury to the Proiect, provide fordrainage, and shallerecl necessary temporary struclures, signs or other lacilrties required to maintain the Project and continue to perform according to the Contracl Documents. F. G 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Gmunds Without limiting any rights which Cily may have by reason ofany default by Contraclor hereunder, City may terminate Conkactor's perlormance of the Contracl, in whole or in part, at any time, for convenience upn frfteen (15) calendar days Mitten notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perlorm 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 dale of termination shall be terminated or shall be assigned to City. C. Compensation 1. lf the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amountsl a. For Work performed before the efiective 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 mst of the Work, determined by the City to be fair and reasonable. ln no event shall Contractor be entitled lo recover overhead or pmfit on Work not performed. b. The reasonable costs of settlemenl ol the Work terminated, including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of lermination settlement pmposals and supporting data, if any; and ii Storage, transportation, and other costs reasonably necessary for the preservation, pmtection, or disposition of inventory. 2. Such payment shall be Contracto/s exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for linal payment to the extent applicable. Upon receipt of such payment, the Conhactor and City shall have no further obligations to each olher excepl for Contraclo/s obligations with respect to waranties, represenlations, indemnity, maintenance of insurance, and other obligalions that survive termination or Final Completion as provided for herein. 3. lt is understood and agreed that no fee, anticipated profit, compensaton for lost opportunity osts, orothercompensation or payment ofany kind or character shall be due or payable for unperformed Work regardless of lhe basis of lerminalion and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. Contraclor agrees that each of its subcontrac{s will reserve for the Contractor the same right ol termination for mnvenience pmvided by lhis Paragraph 5.M. 601 D. No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or uneamed profits orconsequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contraclor determined in accordance with lhis Arlicle constitules Contracto/s exclusive remedy for a terminalion hereunder. CONTMCTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE lf the City terminates Contracto/s performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor wilh the City's appoval, Contractor shall: (1) cease performance of the Work lo 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 direcled by Cityi (4) transler tille and deliver to City Work in progress, specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data preparcd pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with frfteen (15) calendar days after the City's notice of termination in an organized, usable form, in both hard mpy and eleclronic/digital form, with all items properly labeled to the degree of detail specified by the City; and, (6) except lor Work direcled by City to be performed pnor to the effeclive date of termination stated in the notice, incur no lurther costs or expenses and enler into no further subcontrrcts and purciase orders. No mmpensation shall be due Conlractor, il any, until Contractor mmplies wrth the requirements ol this Paragraph. IEND OF ARTICLE] ARTICLE 6 - CHANGES CIW'S RIGHT TO ORDER CHANGES The City, without invalidating lhe Contract, may aulhorize 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 aulhorized by Change order or Construction Change Direclive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents, The Contractor shall proceed promptly and diligently with the change, unless otherwse pmvided in the Change Order or Construction Change Directive. lt is of the essence to this Contrrcl thal all scope changes in the Wo* that form the basis of an adjustment of the Contract Sum or Conlract Time must be authonzed in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract 6.02 603 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 ofalterations 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 Contracl Documents or a change in any time period provided in the Contract Documents. NOTICE OF SCOPE CHANGE Contractor shall submit written nolice of any change in scope to the Director if, in the Contractor's opinion, any instruction, request, Drawings, Specificalions, action, condition, omission, default, or other situation occurs that the Contractor believes constilules a smpe change or other matter resulting in Extra Work, tor which Contractor believes it is entitled to an adiustmenl of lhe Contract Sum or Contracl Time. Such notice shall be provided prior to performance of the Work affected by such occunence and wilhin seven (7) calendar days after the discovery dale of the circumstances of such scope change or other matters. The wntten notice shall state the date, circumstances, exenl of adjuslment to the Contact Sum or the Conkact Time, if any, requested. The mere presentation ol such notice shall nol establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written nolice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contracl Sum or Contract Time on account thereof. CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those lisled in Paragraph 6.06 below. B, Accord and Satisfaction Agreement on any Change Order shall be a full mmpromise 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, inefiiciencies, lost labor or equipment productivity, differing Sile conditions, construction interferences and other extraordinary or consequential damages (hereinafter called 'lmpacts"), including any ripple or cumulative elfects of said lmpacts on the overall Work under the Contract ansing directly or indireclly from lhe performance of Work described in the Change order. By execution of any Change order, Conlractor agrees that the Change order mnstitules a mmplele accord and satisfaction with respecl to all claims for schedule extension, lmpacts, 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 ol dealing by the City shall act to waive, modify, change, or alterlhe requirement lhat (i) Change Ordei s must be in writing, signed by lhe City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to lhe Contract Sum and/or Contract Time. 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, withoul invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contracl Sum and Contracl Time being adjusted accordingly, B. lf 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 lhe Work). 604 605 606 C. Upon receipt of the Construction Change Directive, the Conlractor shall promptly proceed with the change in the Work involved and advise the City of the Contractods agreemenl or disagreementwith the method, rf any, provided in lhe Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. lf 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, poceed with the performance of the Work as described in lhe Construction Change Directive. Failure of Contractor to proceed with the performance ol 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 Contracto/s agreement therewith, including adjustment in Contract Sum and Contrrct Time or the method for determining them. Such agreement shall be effeclive immediately and shall be recorded as a Change Order. F. lf 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 lhose 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. PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount ol 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 Irom Contractor properly itemized and supported by sufficient substantiating data to permil evaluation. Such proposal shall be based solely on Allowable Costs, as deflned in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any cosls or expense that is not permitted by the terms of any provision ol the Contract Documents. 2. Unit Prices. By unit prices mntained in Contractor's original Bid and incorporated in the Contract Documents orfixed by subsequent agreement between City and Contractor. Unless othenvise stated in the Bidding Documenls, 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 calculaling the actual Allowable Costs directly incuned, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contracto/s original Bid and incorporated in lhe 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 Contracto/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 consisls of both addition and deletion of Work, the added costs B and deleted msts shall be calculated separately, and then added together, resulling in lhe nel cosl for the change. The Allowable Mark-Up shall be apdied to this net cost, Conlrac{or Maintenance of Daily Records for Changes '1, ln the event that Contractor is directed to perform any Exlra Work, or should Contractor encounter mnditions which the Contractor believes would obligale the City to adjust lhe Contract Sum and/or the Contracl Time, Contractor shall mainlain delailed records of lhe 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. Al lhe close of each day on which such Extra Work is performed, Conkactor shall submit an Extra Work labor reporl, on lorms provided by Director, to Director lhat sets forth a list of the actual hours spent in prforming the Extra Wo*, that cleady differentiates between the labor expended on the Extra Work and other Work, and the Allowable Co6ls for such Extra Work performed that day showing the names of workers, their dassificalions, hours worked and hourly rates. b. Materials. Eouipment. 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 perlormed, together with opies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identifcation number, hours of operation (including loading and transportation) and hourly/daily rates involved lor that day. c, Other Services or Exoenditures. A list of other services and expenditures mnstrtuting Allowable Costs incuned in perlormance 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 Direclor may require. 2. ln the event thal more than one change to the Work is perlormed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, mnstruction EUipment, materials, and equipment for eeh such change. ln the event that any Subcontraclor of any tier shall povide or perform any portion of any change to lhe Work, Contractor shall require lhat each such Subcontraclor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contracto/s representation and wananty that all information mntained therein is true, accuftrte, complete, and relates only to the change referenced therein, All records maintained by SubconlracloB of any tier, relating to the costs of a change in the Work shall be signed by such Subcontracto/s authorized project manager or superintendenl. All such records shall be forwarded to the Direclor on the day the Work is performed (same day) for independent verification. The Director shall attempt lo review and re@ncile 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 submined as soon as they are available but not later than five (5) calendar days after lhe earlier of the day of delivery or incorpoBtion of the particular rtem of E(ra Work at the Site. 4. The Director may additionally require authentic€tion of all time and malerial tickets and invoices by peEons designated by the Director for such purpose. ln the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or C reproduction such records, adjustments to the Conlract Sum or Contract Time, ifany, on account of any change lo the Work may be deemed waived for lhat day. Contracto/s obligation to maintain back-up records hereunder is in addition lo, and not in lieu of, any other Contractor obligation under the Conlracl Documents with respect to changes to lhe Work. 5. Waiver bv Conlraclor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Cosls incurred for Extra Work performed lhat 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 adjustmenl of the Contract Sum for lhe Allowable Cost of all or that portion of the Extra Work mvered by such non-authenlicated tickel or invoice. Allowable Cosls The term 'Allowable Costs' shall mean in the case of Exlra Work actual costs incuned by Contractor and/or any Subcontractor, regardless of tier, and necessanly involved in direct performance of lhe Exlra Wo*, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontcctor, regardless of tier, and shall be limited to the following costs: 1 kEI Straight-time wages or salaries, and overlime wages and salanes specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the sile, in lhe direct performance of the Extra Work or lhat would have been incuned in the direct performance of the deleted work, based on the etual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or lhe deleted work is ordered eliminaled Labor msts for equipment operators and helpers shall be reported only when such costs are nol included in the invoice for equipment rental. The use ol labor classffication which would increase the Allowable Cosl for Exlra Work will not be permitted unless Contractor establishes the necessity for such additional costs. 2. Benefits. Payroll taxes, insurance, health and wetfare, pension, vacation, apprenticeship funds and benefils required by lawful mlleclive bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in wriling, for employees employed al the sile, or at fabrication siles off the site, in lhe direct performance of the Extra Work or that would have been incuned in the direct performance of the deleted work. 3. Materials, Consumables. Cosls of materials and consumable items which are fumished and incorporated into the Work, as approved by City, or lhal would have been incorporaled into the Work in the case of deleted work shall be at lhe lowesl 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. lf City determines, in its discretion, that the cosl of materials is excessive, or f 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 fumish such malenals as n deems advisable, and Contractor shall have no claim for cosls or profits on matenals so fumished. 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. D 5. Tool, Eouipment Rental, Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tmls, used directly in the performance of the Exlra Woft 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-1 11, San Jose, Califomia, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rale schedule to the daily reports required by Paragraph 6.0&8, above. The charges lor any machinery and equipment shall cease when the use thereof is no longer necessary for lhe 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, transportalion, repain and maintenance ol any kind, deprecialion, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no ma*-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. ll equipment is used intermittently and, when not in use, could be retumed lo its renlal source at less expense lo City than holding it at the Site, it shall be relumed, unless Contractor elects to keep it at the Site al no expense lo City. Costs incuned while equipment is inoperalive due lo breakdovms, regular mainlenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Wo* from the nearest available source for renlalof such equipment and to retum it to the source. lf such equipmenl is not moved by ils 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 surtable for the purpose for which it is to be used. 6. Royalties Additional or saved costs of royalties due to the performance of the Extra Work or deleled work. 7, lnsurance. Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of llems 1 through 6 above. Costs Not Allowed Allowable Cosls shall not include any of the followingl 1. Wages, salaries, fringe benefits and payroll taxes of Contraclor's and all Subcontracto/s non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), adminislrative or general expenses of any kind including engineenng, estimating, scheduling, drafting, detailing, etc., incuned in connection with Extra Work; 3. Vehicles not dedicated solely lor the performance of lhe e(ra of deleted work; 4. Smalltools (replacement value not exceeding $500); 5. ffice expenses, including secretarial and administrative slaff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; E 7. Site fencing; 8. Utilities, induding gas, electric, seu€r, water, telephone, telefax, copier equipment; 9. Computer and data processirE personnel, equipment and software; '10. Federal, state of local business income and franchise taxes; 11. Losses of effioency or productivity; and 12, Costs and expenses of any kind or item not specifically and expressly included in Paragnph 6.oGC. Allowable ih*-Up 1, Extra Work bv contactor (Markup): The following percentages shall be added to the Conlraclo/s costs and shall constilute lhe markup for all overhead and profils: Labor 330/o Materials Equipment Rental 150/o 1SYo 607 Other ltems and ExpeMitures 15o/o 2. Extm Work bv Subcontraclor (Markuo): vry'hen all or any part ol the exlra work is performed by a Subcontractor, the markup provided for the Contraclor in 6,06.E.1 shall apply lo lhe Subcontraclo/s aclual costs. A markup of 5o/o on lhe subcontracled portion ol each extra work may be added for the Contractor, F. Net Allowable Costs lf anyone scope change invoh,es both Extra Work and deleted work in the same portion ofthe Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on lhe Extra Work will be only the difference between the two amounls, CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Direclive orother wntten request to Contractor describing a proposed change to the Work and requesling lhe Conlraclor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Contracto/s change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work, as applicable, including lhe effects and impac{s, if any, on unchanged Work, estimates of costs (broken down by the cost categories listed in lhis Paragraph), and Contraclo/s proposed methods to minimize costs, delay, and disruption to the performance of the Work. lf Contractor fails to submit a wntten change order proposalwithin such period of time, it shall be presumed that lhe change described in the City's original poposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be perlormed by Contractor withoul additional mmpensalion to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance ol the change. lf Ciiy desires that the poposed change be perlormed, the Work shall be authorized according lo lhe Change Order or Construction Change Directive procedures set forlh herein. 608 CONTMCTOR ORIGINATED CHANGE ORDER RE@L(qI lf lhe Contractor believes that instruclions issued by the City after the effective date of the Contract will result in changes to the Contracl Sum or Contract Time or it the Contraclor otheMise 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 nolice povisions and other requirements ol Article 7 below for Claims. The CoR must specify the reasons for the proposed change, cost impacts and relevant cirflmslances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, ils material and labor quantities and detail, and must supporl and just y the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnel is required to support and justify any additional time of performance requesled by lhe Contractor. The City will not review any COR which is incomplete. The Contraclor may request additional mmpensation and/or time through a COR but not for instances lhal occuned more than ten (10) calendar days prior to lhe notice dale. Contraclo/s failure to initiate a COR within this tenday period or lo provide detailed back-up documentation to substantiate the COR within lhirty (30) calendar days of the initial wrinen notice shall be deemed a waiver of the right to adjuslment of the Contract Sum or the Contract Time lor lhe alleged change, Any COR that is approved by the City shall be incorporated in a Change order or Constructlon Change Directive. lf the CoR is denied but the Contraclor believes that it does have merit, the Contraclor shall pmceed with the disputed Work and may submit a Claim in acmrdance with the procedures set forth herein. ISSUANCE OF WORK DIRECTIVE (UNILATERAL), ln the event of a dispule as to whether or not Exlra Work is required, City shall have the right to unilaterally issue a Work Directive; Contractor shall mntinue performance of disputed Wo* pending resolution and shall maintain and submit lo City all accounting and cost data necessary to substantiate Contraclor's cost of such disputed Work IEND OF ARTTCLEI 609 701 ARTICTE 7 - CONTRACT PAYMENTS AND CIAIMS GENEML A. Paymenl will be made at the pri:e for eadr flem listed on the bidding fom or as EXna Work as provided in the General Conditions, B. lnitial progress payment will not be made pdor to approval by the Director ol the Schedule of Values, the Conslruction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior lo receipt by the Direclor of the monthly revision of the Conslruclion Progress Schedule. SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City's request, lhe three (3) lowest bidders shallcomplete and submit a Preliminary Schedule of Values, within seven (7) calendar days. ln addition, Conlractor shall complele and lumish within seven (7) calendar days after receiving the Nolice of Award ol lhe Conslruction Contract a Final Schedule of Values giving a mmplete breakdown of the Contract Sum for each component of the Work. Conlenl The Schedule of Values shall be in sufficient delail as lhe Director may, in its discretion, deem necessary to evaluale progress at any point in the performance of the Work. Unless otheMise specified in the Contracl Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontraclor work, direcl overhead, prolit and contingency, and a further breakdown of lhe general calegones of Subconiractor work into separate trade line items of costs lor Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontracl, purchase order or vendor prices. It requested by Director, Contractor shall revise lhe Schedule of Values to allocate sums for Conlractor overhead, profit and/or contingency among lhe individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Paymenl for Extra Work or Deleted Work lor which a Change order has nol 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 ol Values. The Schedule of Values musl be prepared in sufficient delail and supported by sufficient data to substantiate its accuracy as the Director may require Aoplicalions for Pavment The Schedule of Values, when approved by the oirector, shall be used as a basis for Contracto/s Applications for Payment and may be considered as fixing a basis lor adjustments to the Conlract Sum. Revisions lf, al any time, it is determined that the Schedule of Values does not allocale the Contract Sum in a 702 C D 7.03 manner that reasonably and fairly reflects the actual msts anticipated to be progressively incuned by Contractor, il shall be revised and resubmitted for the Director's approval. APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.0$B below forthe monthly progress payment meeting, Contractor shall submit to oireclor a copy of the poposed Schedule of Values, marked to show the percentage of mmpletion certilied 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 fmm Contraclor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contraclor shall meel with the Director on or before the hilentielh (20th) day of each month to review the Contraclo/s marked Schedule ol Values prepared in accordance with Paragraph 7.01A, above. The Direclor shall revise as appropriate and sign the marked Schedule of Values to veriry such review. lf any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforls to resolve the disputed items with the Director before submitling ils Application lor Payment. lf the Director and Contraclor cannot agree, then the percentage completion shall be established at such percentage as the Direc{or, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or enor in the Directo/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 conect any enor and dispute any ilem submitted in Contracto/s Applicalion for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Applic€lion for Paymenl shall be signed and certified by Contraclor under penalty of perjury lo City thal: 1. lhe data comprising the Application for Payment is accurate and the Work has progressed to lhe point indicated; 2. to the best of Contracto/s knowledge, information and belief, the Work is in acmrdance with the Contracl Documents; 3. Contractor is entitled to paymenl in the amount certified; and 4. all sums previously applied for by Contraclor on account of Work performed by Subcontractors and lhat have been paid by City have been paid to lhe Subcontractors pertorming such Work, without any retention, withholding or bekcharge by Contractor. D. Stored Materials Payments may be made by City, at its discretion, on rccount of matenals or equipment not incorporated into the Work but delivered on the ground at the Site and suilably stored by C,ontractor or slored off-Site under the conkol of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired tille to same, that the materialor equipment will be utilized in the Work and that the material is satisfaclorily stored, prolected and insured, and 7U that such olher procedures are in place satisletory to City to protect City's inlerests. To be considered for payment, malerials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specmcally approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City tor inspclion. City shall have sole discretion to determine lhe amount of material and equipment that may be stored on the Site at any given time. PROGRESS PAYMENTS A. Conditions to Progress Payments Conkactor shall submit its Application lor Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day ol the monlh following lhe month in which the Work that is the subjecl of such Application for Payment was performed. Withoul limitation to any other provisions of lhe Contract Documents, the following shall be conditions precedent lo a proper submission and to the Director approval ol each Applic€lion for Payment: 1. submission of a Schedule of Values that reflects lhe percentages of completion eilher agreed to or determined by Director in accordance with Paragraph 7.03-8, above; 2. submission of the Contracto/s certilication required by Paragraph 7.0&C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with Califomia Civil Code Section 8132, for all Work perlormed during the time period covered by the cunent Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of uncondilional release ol stop notice and bond dghls upon progress payment, complying with Califomia Civil Code Section 8134 for all Work performed during the time period covered by the previous Applicalion for Payment, signed by Contractor, its Subcontractors of every trer and all malerial suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract DoqJmenls; 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 inlormation and updating o, the Construclion Schedule as required by Article 4, above and other provisions of the Contract Documenls pertaining to preparatron or updating of sdedule informalion; 7. submission of certified payroll records as required by the Conlract Documents; 8. submission of cerlifications by Contraclor and each Subconlraclor as required by applic€ble 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 wlth all of its other obligations lor submission of documentation or pedormance of condilions which, by the terms of the Contracl oocuments, constilule condilrons to Contracto/s right lo receive payment for Work performed. B. Payments by City Pursuant to Califomia Public Contract Code Section 20104.50, City shall make progress paymenlof c undisputed sums due within thirty (30) Days afrer receipt by Direclor ol an undispuled and properly submitled Application lor Payment, calculated on the basis of ninety-five percent (950/0) ol value determined pursuant to Paragraph 7.01B above of the following: 1. the po(ion 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 7,01D, above, 3. less, the aggregate of previous payments, and 4. less, any other wilhholdings authorized by the Conlracl Documents. Rejection by City Any Application lor Payment determined not to be undisputed, poper and suitable lor payment shall be returned to Contractor as soon as praclicable, but nol later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specrfy any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be conected and resubmitted within seven (7) Days after receipt by Contractor. lnlerest lf Ciiy fails to make a progress payment to Contraclor as required by Paragraph 7.04-8, above, City shall pay interest to Contrrctor equivalent to the legal rate set forth in suMivision (a) of Califomia Code of Civil Pocedure Section 685.010. The number of Days available to City to make payment pursuant lo Paragraph 7.04-B, above wilhout incuning interest puGuant to this Paragraph shall be reduced by the number of Days by which City exceeds lhe seven (7) Day return requirement applicable lo City as set forth in Paragraph 7.04-C, above. FINAL PAYMENT A. Relention ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (59d of all sums othenvise due to Contractor as progress payments shall be withheld by city pursuanl to Paragraph 7.04-B fmm each progress payment ('Retention') and retained until such time as it is due as descnbed herein. Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such lorms as required by Director, prior to rquesting 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 payolls, bills lor materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otheMise satislied; 2. Contracto/s certitication as required by Paragraph 7.03-C, above; 3. consenl of surety, if any, lo Final Payment; 4. a certificale evidencrng lhat the insurance requied by the Contract oocumenls is in force; D 705 D 5. Conditional Waiver and Release Upon Final Payment in the form required by Calilomia Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, mvering the final payment period; 6. Unmnditional Waiver and Release Upn Progress Payment in the lorm required by Califomia Civil Code Section 8136 execuled by Contractor, all Subcontractors ol every tier and by all malerial suppliers of each, covering lhe previous paymenl penod; 7. all Record Documents (including, without limitation, complele and accurate As-Built drawings which shall be kept up to dale during the pedomance of the Wo*); 8, documentation thal Contractor has inspected, tested, and adjusted performance if every syslem or lacility of the Work to ensure lhat overall performance is in compliance wilh the terms of the Contract Documents; 9. four (4) copies of all wananties trom vendors and Subcontractors, operation and maintenance manuals, instruclions and relaled agreements, and equipment cerlilications and similar documents; 10. certifications by Contractor and each Subcontraclor as required by applicable collective bargaining agreements thal all employee benefit conlribulions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 1 1. releases of nghts 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 Final Payment or Final Complelion. Final Payment Pursuant to the Public Conkact Code Section 7107, wilhin si(y (60) Days after City issues the Notice of Completion to Contractor, the Final Payment, including Relention, shall be released lo Conlraclor, subject to the City's right to withhold 150% of any disputed amounls. Disputed Amounts Pursuanl lo Califomia Public Contracl Code 7107, Citl may deduct and withhold from the Final Payment due under Paragraph 7.01C, above, an amount up to 150% of any disputed amounts, including, withoul limitation, amounts to protect City against any loss caused orthreatened as a result of Conkacto/s lailing to fully perlorm all of lhose obligations that are required lo be fulfilled by Contractor as a condition to Final Completion and Final Payment. Altematively, City may elect, in its sole discretion, lo accept the Work without conection or complelion and adjust the Contract Sum pursuanl to the Contracl Documents. Acceptance of Final Paymenl Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City lor recovery of any loss, excepting only lhose Claims that have been submitted by Contractor in the manner required by the Contract Documents prior lo or at the time of the Final Paymenl. / t,b MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in ils sole discretion, to issue joint checks made payable to Contractor and any Subcontracto(s) ol any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. ln no evenl shall any joinl check payment be construed to creale any contract between City and a Subconkactor ofany Tier, any obligation from Crty to such Subconlractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The paymenl, withholding or retention of all or any portion of any payment claimed to be due and owing to Conlractor shall not operate in any way to relieve funtractor trom its obligations under the Contract Documents. Contractor shall continue diligently to pmsecule the Work without reference to the payment, withholding or relention of any payment. The paflial payment, withholding or retention by City in good .faith of any disputed portion of a payment, whether ullimately determined to be conectly or inconectly asserted, shall not mnstitute a breach by City of the Construction Contract and shall nol be grounds for an adiustment 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 ol the Work, or any portion thereof. D. Contractor Payment Waranty Submission of an Application for Payment shall constitule a representation and wananty by Contractor that: 1 . Title to Wo* mvered by an Application for Payment will pass to City either by incorporation into the construclion or upon receipt of payment by Contractor, whichever occurs firsl; and 2. Work covered by previous Applications for Payment are free and clear ol liens, stop notices, claims, security inlerests or encumbrances imposed by the Contractor or any other person. E. Conections No inaccuracy or enor in any Application for Payment provided by Contractor shall operate to release Conlractor from the enor, or fom losses arising from the Work, or from any obligation imposed by the Contract Documents. City relains the right to subsequently mnect any enor made in any previously approved Application for Payment, or progress payment issued, by adjustmenls lo subsequent payments. PAYMENTS BY CONTMCTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontracto/s portion ofthe Work that it does not intend to pay to such Subcontractor. Upon receiptof paymentlmm City, Contractor shall pay the Subcontractor performing Work on the Poect, out ofthe amount paid to Contractor on account of such Subcontracto/s portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, Califomia Public 707 Conlract Code Section 7107. Contractor shall remain respnsible notwilhslanding a wilhholding by City pursuant to the terms of these Contracl Documents, to promptly satisfy from its own funds sums due to all Submntractors who have performed Work that is included in Contracto/s Applic€tion for Payment. funtractor shall, by appropriate agreement, requhe each Subcontractor to make payments to its submntractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontraclor of any tier or material supplier, 7.08 PAYMENTS WITHHELD A. Withholding by City ln addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover aclual or threatened loss due to any of lhe following: 1. Third Party Claims. Third-party claims or stop notrces liled or reasonable evidence indicating probable liling of such claims or stop notices. City shall promptly inform frntraclor ol any third party claims relaled to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor lo make proper payments to its Subcontractors for servi@s, labor, materials or equipment; 4. lnability to Complete. Reasonable doubt that the Wo* can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation ol 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 Contractods failure to comply with applicable laws or lawful orders of govemmental authonties (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet lhe Construclion Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in lhe Contract Documents as grounds for a withholding offset or set off or thal would legally entitle City to a set{ff or recoupment; 9. Consultant Services. Additional professional, consullant or inspection services required due to Conlractor's failure to comply with the Contract Documents; 10. Liquidaled Damages. Liquidated damages assessed against Contractor; 1 1. Materials, Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subconkactor 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 puEuant to the Conlract Documenis; 7.09 '14. Employee Benefits. Failure of Contraclor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreemenl; 15. Required Documents. Failure of Contractor to submit on a limely basis, proper and sufficient documentation required by the Contract Documenls, including, without limitation, Construction Schedule updates, 'look ahead' schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certifications and other required reporls or documentation; and 16. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Wthholding lf and when City determines, in its sole discretion, that the above grounds for withholding have been removed and thal all losses incuned or threatened have been paid, credited or othenanse satisfied, then payment shall be made for amounts wthheld because of them. C. Application of Withholding City may apply sums wrthheld pursuant to Paragraph 7.0&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 withoula priorjudicialdeterminalion of City's actualrights with respect to such loss. Contraclor agrees and hereby designates City as ils agent for such purposes, and agrees that such paymenls shall be considered as payments made under Construction Contracl by City to Contraclor, City shall not be liable lo Contractor for such paymenls made in good faith. City shall submit lo Contractor an accounting o, such funds disbursed on behall of Contractor. As an altemative 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 wilhheld in good faith, Conkactor shall mainlain continuous and uninlenupted performance of the Work during the pendency of any dispules or disagreements with City. SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of Califomia Public Contract Code Seclion 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 escow with a Califomia or federally chartered bank in Calrfomia acceptable to City ("Escrow Agent'), securities eligible for the investment of State Funds under Govemmenl Code Seclion 16430, or bank or savings and loan certifcates of deposit, interest-beanng demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Conkactor and the City, upon the tollowing condit ons: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution ol securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to Cily's overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. B c D, 3. Securities or certificales of deposit subslituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to frntractor pursuant lo the Conlract Documents. 4. lf Contraclor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contraclor, City and Escrow Agentshall, as a prerequisite to such deposit, enter into an escrow agreement, using the City's form, "Escrow Agreement for Deposit of Secunties in Lieu of Retention." 5. Contaclor shall obtain the wntten consent of Surety to such agreement. 6. Securities, any, shall be retumed to Contractor only upon salislactory Final Completion ot the Work. Subslitute Security To minimize the expense caused by such substitution of securities, Contractor shall, pnor to or at the time Contractor rEuests to substitute security, deposit sufficient security to cover the entire amount to be withheld. Should the ornent market value of such substituled secunty fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contraclor shall immediately and at Conkacto/s expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the cunent markel value ol the tolal security deposited is no less than the amount subject to withholding under the &nlract Documents. Securities shall be valued as often as conditions of the secunties market wananl, but in no case less frequently than once per monlh. Deposit of Retentions Alternatively, subject to the mnditions set forlh in Paragraph 7.04-A above, upon request of Contractor, City shall make paymenl of retentions directly to Escrow Agent at the expense of Conkactor, 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 Pa( 4 of Paragraph A, above. At the expense of Contractor and at no cost to City, Contractor may direct the investmenl of lhe payments into securitres and interesl bearing accounts, and Contractor shall receive lhe inlerest eamed on the investmenls. Escmw 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 Wo*, Contractor shall receive from Escrow Agent all secunties, interest and payments received by Escrow Agent from City, less escrow fees and charges of the Escrow Arcount, according lo the terms of Public Contract Code Section 22300 and the Contract Documents. Time tor Election of Substitution of Securities Notwithslanding the provision of 7.04 A, B, and C above and Calilomia Public Contract Code Section 22300, the failure of Conlractor lo rEuest the Substilution ofeligible securities for monies to be withheld by Crty within len (10) days ol the award of Contracl to Contraclor shall be deemed to be a waiver of all such rights. 710 CI.AIMS A. Arising of Claim. 1. Smpe Change. When Contr lor has a claim for an increase in the Contract Sum or Contracl Time due to a scope change which has not yet become final, a'claim'wll be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contracto/s Change Order Request. 2. Other Claims. ln the case of a Claim by Contractor that does not involve an adiustment to lhe Contract Sum or Crnlract Time due to a scope change and which has not become final, the Claim may be asserled if, and only if, Contractor gives written nolice to City of inlenl to file the Claim within three (3) daF of the date of discovery relative to sudr circumstances (even if Contractor has not yet been damaged or delayed), Such wntten notice of inlent to file a Claim shall be valid if, and only if, it identifies the evenl or condition giving rise to the Claim, slales its probable effect, if any with respect to Contracto/s entitlement to an adjustmenl of the Contract Sum or Contract Time and complies with the requirements of Pangraph 7.'11-8, below. For purposes of this Paragraph 7.11 , a Claim for which such Mtten notice is required and has been given by Contractor shall be deemed to arise on the date thal such written notice is received by City B. Crntent 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 descriplion ol the act, enor, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. lf the Claim involves an adjustment to lhe Contract Sum or Contracl Time due to a change in scope, a statement demonslraling lhal all requisile nolices were provided, including, withoul limitation, trmely writlen nolice and a Change Order Request as required by A(icle 6 of lhese General Conditions and limely notice of delay and request for extension of time in a@ordance with Article 3. ll lhe Claim does nol involve an adjustment to the Contract Sum or Conlract Time due to a change in scope, a statement demonstrating that a notice of intenl to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above; 4. A detailed iustification for any remedy or relief sought by the Claim including wilhout limitation, a detailed cosl breakdown in lhe form' required for submittal of Change Order Requesls and actualjob cost records demonstrating that the costs have been incuned; 5. lf the Claim involves a rEuesl for adjustmenl of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, wilhout Iimitation, a Time lmpact Analysis) demonslrating that Contraclor is entitled to an extension of time under the Contract oocuments; and 6. A written cerlification signed by a managing officer of Contrac{o/s organization, who has the authority lo sign contracts and purchase orders on behatf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such cerlificalion, in the lollowing lorm: 'l hereby cerlify under penalty of perjury that I am a managing offlcer of (Contracto/s name) and that I have reviewed the Claim presented herewith on Contracto/s behatf and/or on behatf of (Subcontracto/s name) and that, to the best of my knowledge after conducting a diligent inqulry inlo lhe facts of the Claim, the following statements are lrue and conecl: The lacts alleged in or that form lhe basis for the Claim are, to the besl of my knowledge following diligent inquiry, true and accurate; and, (a) I do not know of any facts or circumstances, nol alleged in the Claim, that by reason of their not being alleged render any facl or stalement alleged in lhe Claim materially misleading; and, (b) I have, wilh respect lo any request for money or damages alleged in or that forms the basis for the Claim, revie'rved the lob cosl records (including those maintained by Contractor and by any Subcontractor, of any tier, lhat is asse ng all or any portion of the Claim) and confirmed with reasonable cerlainty thal lhe losses or damages suffered by Conlractor and/or such Subcontraclor were in fact suffered in lhe amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any requesl for extension of time or claim of delay, disruption, hindrance or interference alleged in or lhat forms the basis for the Claim, reviewed the job schedules (including those mainlained by Contraclor and the Subcontractor, of any tier, lhat is assertrng all or any portion of lhe Claim) and confirmed on an event-by€vent basis lhat lhe delays or disruplion suffered by Contractor and/or such Subcontractor were in facl experienced for the duratrons, in the manner, and with lhe consequent effects on the lime and/or sequence of performance of the Work, as alleged in lhe Claim; and, (d) I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.' Signature: Name: Title: Company Date: c D Noncompliance Failure to submit any of lhe information, documentation or certifications required by Paragraph 7.'10- B, above, shall result in the Claim being retumed lo Contractor without any decision. Submission of Claims 1 . Director. Claims shall be first submitted lo the City for decision by the Director. 2. Continuous Work. Notwilhstanding lhe making of any Claim or lhe existence of any dispute regarding any Claim, unless otheMise directed by City, Contractor shall nol delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the E Contract Documents and City will continue, lo make undisputed payments as by the Contract Documents. 3. Time for Filino. All Claims and supporting documenlation and certifcations musl be filed within thirty (30) days after the Claim arises. No Claims shall be filed atter Final Payment. 4. Conditions Precedent, No Claim may be asserted unless Contraclor has strictly complied with the requirements of this Paragraph 7.10-0, which shall be mnsidered conditions precedent to Conlractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. Response to Claims, Meet and Confer 1. 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 documenlation ol lhe Claim within thirly (30) days of receipt of the Claim, in which case City shall respond to the Claim within frfteen (15) days after receipt of the furlher information or documentation or within a period of time no greater than thal taken by Conlractor in producing the additional information or documentation, whichever is greater. 2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the lurther information or documentation or w hin a period of lime no greater lhan thal laken by Contractor in producing lhe additional inlormation or documenlalion, whichever is greater. 3. Meet and Confer. lf Contractor dispules City's response, or if Cily fails to respond wilhin lhe prescribed time selforlh in Paragraph 7.10-E.1 and 7.10-E.2, above, Contraclor may so notify City, in writing, within fifteen (15) days of City's response, or wilhin fifteen (15) days of City's response due date in the event of a failure to respond, and demand an informal @nference to meel and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and conler conlerence within thirty (30) days of such demand, for discussion of settlement of the dispute. Finality of Decision lf Coniractor disputes lhe Director's decision under lhis Article, il 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 Direclo/s response. Continuing Contrel Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreemenls. Pending final resolulion ol a daim, the Contaclor shall proceed diligently with performance of the Contret and the City shall continue to make payments for undisputed Work in acmrdance wth the Contract Documents. ln the event of disputed Work, Crty shall have the right to unilalerally issue a Work Directive and Contrac{or shallmntinue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such dispuled 'rork. F. (, [END 0F ARTTCLE] 801 ARTICLE 8 - MATERIAIS AND EOUIPMENT GENEML A. The Contraclor shallfumish all matenals and equipment needed to complete the Work and installations required under the terms ol this Contract, except those malerials and equipment specified to be fumished by the City. B. The Conlraclor shall subm salisfaclory evidence lhal the matenals and equipmenl to be fumished and used in lhe uork are in compliance with lhe Specifications. Materials and equipment incorporaled in the Work and not specifically covered in lhe Specifications shall be the best of their kind. Unless otheMise specified, all materials and equipmenl incorporated in lhe Work under the Contract shall be new. OUALITY AND WORKMANSHIP All matenal and equipment fumished by the Contractor shall be new, high grade, and free from defects and imperfeclions, unless otheMise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All matenals and equipment must be ofthe specified quality and equal to appoved 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 Drawrngs, and it shall be the duty of the Contractor lo call attention lo apparent enors or omissions and request instructions belore proceeding with the Work. The Director may, by appropnate instructrons, conect erors and supply omissions, which instructions shallbe binding upon lhe Contraclor as lhough mntained in the original Specifications or Drawings. All Work perlormed under the Specifications will be inspecled by the Director as povided in Paragraph 8.M. All malerials and equipmenl fumished and allWork done musl be satisfmtory to the Director. Wo*, material, orequipmenl not in accordance with the Specifications, in lhe opinion ol lhe Direclor shall be made lo mnform thereto. Unsalisfaclory malerials and equipment will be rejected, and rf so ordered by the Direclor, shall, at the Contracto/s expense, be immediately removed trom the vicinity of the Work. TMDE NAMESAND'ORAPPROVED EQUAL' PROVISION Whenever in the Specffications or Drawings the name or brand of a manufactured artide is used il is intended to indicate a measure ol qualrty 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 complelion, the Contractor may substitute any other brand or manufaclure of equal appearance, quality, and utility on approvalofthe Direclor, povided the use of such brand or manufaclure involves no addilional cost lo lhe City. APPROVAL OF MATERIALS A The Contractor shall fumish wilhoul additronal mst to the City such quantities of construction matenals as may be required by the Direclor for test purposes. Hdshe shall plm at the Director's disposal all available facilitres for and cooperate with him in the sampling and testing of all malerials and workmanship. The Contraclor shall prepay all shipping charges on samples. No samples are to be submitted wrth lhe bids unless othenflise specified, B. Each sample submrtted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Conlractor. Both the label on the sample and the letter of transmrttal shall indicate the matedal represented, its place of origin, lhe names of the producer and the Conlractor, the Specifications number and tille, and a reference to the applicable Drawings and Specifi cations paragraphs. 802 8.03 804 806 807 C. Materials or quipment ofwhich samples are required shall not be used on the Work until approval has been given by the Director in wriling. Appmval of any sample shall be only lor the characteristics ol the uses named in sud) appoval and no other. No approval of a sample shall be taken in itsetf to change or modrfy any Contracl requirement. D. Failure of any malenal to pass the specifled tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any furlher sample of the same brand or make of that material. ORDERING MATERIALS ANO EOUIPMENT One copy of each of lhe Contractor's purchase orders for materials and equipmentforming a portion of the Work must be fumished to the Director, il requested. Erch such purchase order shall contain a statement that the materials and equipment included in the order are subjecl to inspection by the City. Matenals and equipment purchased locally will, at the City's discretion, be inspec{ed at he point of manufaclure or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspcted upon anivalatthe job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. AUTHORITY OF THE OIRECTOR A. 0n all queslions conceming the acceptability of materials or machinery, the classification of materials, lhe execution ol the Work, and mnflicting interests of Contractors performing related work, the decision oflhe Direclor shall be final and binding. B. The Director will make periodic observations of materials and mmpleted \,vork to observe their mmpliance wrth 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 sate place to work or any safety in, on, or about the site of $ork. INSPECTION All materials fumished and work done under this Contract will be subiect lo rigid inspection. The Contractor shall fumish, withoul extra charge, the necessary test pieces and samples, including facilitres and labor for obtaining them, as requesled by the Direclor. The Director, or his/her authorized agent or agents, at alltimes shall have access to all parts of the shop and the r,vorks 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 thmugh oversight, may be relected at any slage of the Work. Whenever the Contractor is permitled or directed to do night work or to vary the period during which uork is canied on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations lo be furnished in witing by the Director. INFRINGEMENT OF PATENTS The Contrac{or 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, Ior or on ac@unt of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the matenals or supplies agreed to be fumished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any ofthem, be enjoined from fumishing or using any invention, pocess, equipment, article, materjals, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, artides, materials, supplies, or appliances in lieu thereof, of equal effciency, quality, finish, suitability, and market value, and satisfaclory in all 808 805 respects to the Director. Or in the event thal the Director elecls, in lieu of such substitutron, to have, supplied, and to retain and use, any such invention, pmcess, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contraclor 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 ol them, to use such invention, process, EUipment, 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 neglector reluse promptlyto make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and rEuisite for the purpose atoresaid, lhen in that event the Director shall have the rightto make sudl subst ution, orthe City may pay such royalties and secure such licenses and charge the cost thereol against any money due the Contractor fom the City, or recover the amounl lhereof fom him/her and his/her surety, notu/rthstanding final payment under this Contract may have been made. [END OF ARTICLE] 901 GENERAL ARTICLE 9 - SUBMITTALS The Contraclor shallsubmit samples, drawings, and dataforthe Direclois approvalwhich demonstrate fully thal lhe construclion, and the materials and equipment to be fumished will comply wilh the provisions and intent of the Drawings and Specifications. Specific items to be covered by the submittals shall include, as a minimum, the following:B 1. 2. ? For structures, submit all shop, setting, equipment, miscellaneous ion and reinforcement drawngs and schedules necessary. For mnduits, submil a detailed layout of the conduit with details of bends and fabricated specials and fumish any olher details necessary. Show location of shop and field welds. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and potection sdematics, shop test data, operation and mainlenance procedures, outline drawings, and manufaclure/s recommendation of the inlerface/intedock among the equipmenl. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipmenl including shop drawings, manufacture/s recommended installalion procedure, detailed installation drawings, test dala and curves, maintenance manuals, and other details necessary. Samples Colors Substitutions Manuals 4 5. 6. 7. 8. 9.02 9. As-buih drawings 10, Salety plans required by Article 10 PRODUCT HANDLING A. Submittals shall be acmmpanied by a letter of transmittal and shall be in strict accordance with the povisions of this Article. B. Submil priory of processing when appopriate. SCHEDULE OF SUBMITTALS A. The Contrac{or shall prepare ard submit a schedule ol submittals. The schedule of submrtlals shall be in the form of a submittal log. Refer to Paragraph 9.'12, 903 904 SHOP DMWINGS A. All shop drawings shall be poduced to a scale sufficiently large to show all perlinent 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 while backgound. Reproductons of City/Conhacl Drawings ac not acceptable. C. The overall dimensions of eeh drawing submitted to the Direclor shall be equal to one ol the City's standard sheet sizes as listed below. The tit|e block shall be located in the lo\,ver righl hand mmer ol each drawing and shall be clear of all line Wo*, dimensions, details, and notes. Sheel Sizes Heioht X \ryidth 11'. X812' 11'-X1T 24'X 36' 30X4Z COLORS Unless the precise color and pattem are specified elsewhere, submit murate color charls and pattem chads to the Direclor for his/her review and selection whenever a dloice of color or pattem is available in a specified product. Label each chan naming the source, the proposed location of use on the project, and the project. MANUFACTURERS' LITERATURE Where contents of submitted literature frcm manufacturers includes data not pertinent to the submrttal, dearly show which portions of the mntents are being submitted for review. SUBSTITUTIONS A. The Contract is based on the materials, Euipment, and meh\ods described in lhe Contracl Documenls. Any Contmctor pmposed substitutions are subiecl to the Directo/s approval. The Director will consider proposals lor substitulion of materials, equipment, and methods only when such proposals are mmpanied by full and complete tednical data, and all other information, including life cycle maintenance data, required by lhe Director to evaluate the ffoposed substitution. B. Any requests for substitulions by trhe ConlEc{or must be made within forty-five (45)calendar days from the lssuance Date on the Notice to Proceed. OtheMise, such requests will not be onsidered, C. Trade names and 'or approved equal' provision as sel forlh in Paragraph 8.03, MANUALS A. When manuals are required to be submitted covering rtems included in this Work, prepare and submit sudr manuals in approximately &12'X 11'fomat in duraUe plastic binders. ln addition, manuals shall be submitted in electmnic format. Manuals shall contain at least the following: 1. ldentification on, or readable thmugh, the front cover stating general nature of the manual. 2. Neatly typewntten index near the fronl of the manual, fumishing immediale inlormation as to 906 907 908 905 location in lhe manual of all emergency data regarding the installatron. 3. Complete instructions rqarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, cunenl cost, and name and address of nearest vendor of parls. 5. Copy of all guarantees and wananties issued, 6. Copy of drawings with all data conceming changes made during construction. B. Where conlents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in lhis installation and delete, or othenvise clearly indicate, all manufaclurers' data with which this installation is not concemed. 9,09 A$BUILT DMWNGS A. When rEuircd to be submitted covering items included in this Work, the Conlractor shall deliver to the City one mmplete selof finalAs-Buill hard mpy drawings together wrth a set of AuloCAD drawing files in elec{ronic format showing completed building, 'as-built'for Crty records before the Conlract will be accepted by the City. B. The drawings shall be duplicales and at the same size and dimensional scale as lhe originals. They shall be on a polyester lranslucenl base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and mntrast of each drawing submitted to the City shall be such that every line, number, letter, and characler is clearly readable in a full size blow back ftom a 35 mm microfilm negative of lhe drawing. 9,10 SUBMITTALSQUANTITIES A. Submit seven (7) copres of all data and drawings unless specffied othenrise. B. Submil all samples, unless specified otherwise, in the quantity to be retumed, plus tuo, which will be retained by the Director, 9.,I1 IDENTIFICATIONOFSUBMITTALS Completely idenlify each submittal and re-submittal by showing at leasl the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for furlher information. B. Name of pmjec{ as it appeans in the Conlract Dodments and Specification No. C. Drawing number and Specrfications 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. 912 SCHEDULE OF SUBMITTALS A. Submit initial schedule ol submittals within live (5) Working Days after the lssuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of rEuest from the Director. C. The Director will review schedule ol submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after Ieceipt, COORDINATION OF SUBMITTALS A. Pnor to submitlal for the Directo/s review, use all means necessary to fully coordinate all malerial, including the following procedures: 1. Delermine and venfy allfield dimensions and conditions, matenals, catalog numbers, and similar data 2. Coordinate as required wilh all trades and with all public agencies involved. 3. Secrre all necessary approvals lrom public agencies and others and signify by stamp, oI other means, that they have been secured. 4. Cleady indicate all deviations from the Specifications. B. Unless otherwise specifcally permitled by the Director, make all submtttals in goups containing all associated items; the Direclor may rejecl partial submitlals as not complying with the provisions of the S pecifications. TIMING FOR SUBMITTALS A. Make all submiflals far enough in advance ofscheduled 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. ln scheduling, allow at least 15 Working Days for the Directo/s review, plus the transittime to and from the City ofiice. C. Manuals shall be submitted prior to performing functional tests. APPROVAL BY CITY A. Up to three (3) copies of each subrnfttal, except manuals, sdledule of costs for progrcss payments, and as-buitt drawings will be retumed to the Contractor marked 'No Exceptions Taken,'"Make Coneclions Noted - Do Not Resubmit," or'Make Corcctions Noted - Resubmit." Manuals, schedule of costs, and as-built drawings will be retumed for r+submittal if incomplete or unacceptable. B. Submittals marked 'Approved as Noted' need not be resubmitted, but the notes shall be followed. C. lf submittal is retumed for conection, il will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five (5) copies. 913 914 915 E. Approval of e&i submittal by the oireclor will be general only and shall not be construed as: 1. Permitting any depanures ftom the Specifications requirements. 2. Relieving the Contraclor of the responsitility for any enors and omissions in delails, dimensions, or ol olher nature thal may exist. 3. Apprcving deparlures from addilional details or instruclions previously fumished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A r+submittal is required for any proposed change to an apFoved submittal. Changes whid require r+submittal include, but are not necessanly limited to, drawing revrsions, changes in materials and equipment, installation procedures and test data. All r+subm tals shall include an explanation of the necessity for the ciange. B. Minor coreclions to an appoved submittal may be accomdished by submitling a 'Conecled Copy'. [END OF ARTICLE] ARTICLE 10 - SAFEW 10,01 PROTECTION OF PERSONS AND PROPERTY C Contrrclo/s Responsibil y: Nohdthstanding any other provision of the Contract Doorrnents, the Contractor shall be solely and completely responsible for condrtions of the job site, including salety ol all persons and property, during pertormance of the Work. This rEuirement will apply continuously and will not be limited lo normalt\orking hours. Safety and sanitary provisions shallmnform to all applicable Federal, State, County, and local laws, regulatlons, ordinances, standards, and codes. Where any of these are in conflict, the more stringenl requirement shall be follor,t/ed. Sanitary Facilities. The Conlractor shall fumish and maintain sanitary facilities by the v\orksites for the entire construclion period. Protection of the Public. The Contractor shall lake such step6 and precaulions as his/her operations wananl to protect the public from danger, loss of life, loss of property or inlenuption of public services. Unforeseen conditions may arise which will require that immediale povisions be made to protecl the public from danger or loss, or damage to life and property, due direclly or indireclly 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, proteclion of utilities and/or protection of adjac€nt slructures or property, the Directu will order the Contractor to provide a remedy for the condnion. lf the Conlractor fails lo act on the situation udhin a reasonable lime period as determined by the Director, or in the event o{ an emergency situation, the Director may provide suitable protec{ion by causing such ',\ork to be done and material to be fumished as, in the opinion ol the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be bome by the Conlractor. All expenses incured by the City for emergency repairs will be deducted from the linal paymenl due to the Contractor. 1002 PROTECTION FROM HAZARDS B Trend Excavation Excavalion for any lrench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Direclor 0t lhe Conlractor's detailed plan for v{orker protection from the hazards of caving ground during the excavation of suct lrench, Such plan shall show the details of the destgn of shoring, bracing, sloping or other povisions to be made for worter proteclion durirE such excavation. No such plan shallallowthe use ofshoring, sloping or protective syslem less eflective lhan that required by ihe Construclion Safety Orders ol the Division of Occupational Salety and Heallh, and il such plan varies from the shonng system standads established by the Construclion Safety orders, he plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of Califomia. Confined Spaces Conlractor shall comply wih all of lhe povisions of General lndustry Safety Oders of the Califomia Code of Regulations. Entry ol a confined space shall not be allolved until lhe Conlraclor has received appoval from the Director of the Contrrcto/s program for mnfined space entry. Conlined space means a space that (1) ls large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restncled means for enfy or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces lhat may have limiled means of entry); and (3) ls not designed for conlinuous employee occupancy. Failure to submit a confined space entry progftlm may result in aclions as provided in Artide 5: "Suspension or Termination ol Contrtrt." B C. Material Safety Data Sheet Contractor shall mmply with all of the provisions of General lndustry Safety Orders of the Califomia Administralive Code. The Contractor shall submil to the Direclor a Material Safety Data Sheet (MSDS) for eadl hazardous substance poposed to be used, ten (10)days prior to the delivery ofsuch malerials 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 submitled with the sample(s). Hazardous substance is defined as any substance induded in lhe lisl (Directo/s List) of hazardous substances prepared by lhe Direclor, Califomia Department of lndustrial Relations, pursuanl to Labor Code Section 6382. Failure to submil an MSDS for any hazardous subslance may result in actions as provided in Article 5, 'Suspension or Termination ol Contracl'. 10.03 DIFFERING SITE CONDITIONS A. Difierino Sile Conditions Defined. The Contractor shall pmmptly, and before such mnditions are dislurbed, notify the Director in writing of any Differing Site Conditions. Difiedng Site Conditions are those conditions, located at the projecl siteor in existing improvements and not otherwise ascertainable by Contrrctor through the exercise of due diligence in the performance of its inspeclion 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 mnstitute: 1 . Material that the Contractor believes may be material that is hazardous waste as defined in Section 25'117 of the Health and Safety Code, which is required to be removed to a Class l, Class ll, or Class lll disposal site in accordance with pmvisions of existrng law. 2. Subsurface or latent physicalmnditions at the site difiering materially fiom those indicated in hese Contract Documents. 3. Unknown physic€l conditions at the srte, of any unusual nature, different materially from lhose ordinarily enmunteed and generally recognized 6 inherent in Wo* of the ciaracler povided for in these Contract Documents. B. Notice bv Contractor. lf lhe Contraclor en@unlers condilions it believes constitute Differing Site Condnions, then nolice of such cond ions shall, before such conditions are disturbed, be promptly reported to the Director followed within h,venty-four (24) hours by a lurther witten nolice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and lf he/she finds that such mnditions do materially differ, or do involve hazardous waste, and do cause an incease or decrease in the Contracto/s cost of, or time required for, performance of any part of the Work under this Contmct, an equitable adjustment will be made, as determined by the Director. D. Chanoe Order Reouest, lf Contrac{or intends lo seek an adjustment to lhe Contracl Sum or Contrac{ Time based upon Differing Site Condrtions, 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 lmpact Analysis, in trhe form required by Article 6 of these General Conditions, of the addilional Allowable Costs and Exorsable Delay resulting from such Dfiering Site Conditions. E. Failure to Complv. Failure by Contrac{or to slrictly comply with the requirements of this Paragraph 10.03 mnceming the timing and content ol any notice ol Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Difiering Site Conditions shall be deemed waiverof any right by the Contraclor for an adiustment in the Contract Sum or Contracl Time by reason o, such condilions. F. Final Completion. No claim by the Contraclor for additronal compensation for Differing Site Conditions shall be allov{ed il asserted after Final Payment. G. ln lhe event of disagreemenl beh een t\e Contraclor and the Dircclor whether the condiions do materially dfier or whelher a hazardous waste is involved or whelher the conditions cause an increase or decrease in the Contccto/s cost of, or time requircd for, prformance of any part of the Work, the Contractor shall not be excused from any comdetion date requircd by the Contract, but shall proceed with all Work to be perfomed under the Contmcl Do@ments. H. The Contractor shall retain all rights povided by, and shall be subiect lo all requirements of, this Conlract which pertain to lhe resolution of disputes and protesb. L Conlractor Resmnsibility. Except as oheMise pmvided in this Paragraph 10.03 for Difiering Sile Conditions, Conlraclor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown cord ions, surface or subsurface, al lhe Sile or in Exisling lmprovements, without adjustment to the Contracl Sum or Confacl Time. 10.04 TMFFICREGULATION A. During the performance ol the Wo* the Contraclor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, baniers, or other safeguards as shall be appmpriate under the circumstan@ in his/her judgmenl for the prevention of midents; and he/she shall take other precautions as necessary for public safety induding, bul nol limited lo, traffic mnlrol. Traffic contml shall be mnducled in accordance wrth the latest edition of ltp Work Area Traffic Control ('WATCH') handbook, published by BNi Books, and as direcled and appoved by the Crty Traffic and Transportatron Administrator. B. Contractor shallsubmil at leasllen (10) Working oays prior to Work a detailed traffic control plan, that is appoved by all agencies having jurisdiction and that mnfoms to all requirements of the Specifications. C. No changes or deviations lrom the approved delailed lraffic control plan shall be made, except temporary changes in emergency situalions, without prior approval of the City Traflic and Transportation Administrator and all agencies having jurisdic{ion. Contractor shall immediately notify the Direclor, lhe City Traffic and Transportation Adminislrctor and lhe agencies having jurisdiction of occunences that necessilate modific€tion ol the appmved traffic contol plan. D. Contracto/s failure to comply with this provision may result in actions as pmvided in Article 5: 'Suspnsion or Terminatron of Contracl" of these General Conditions. 10.05 TMFFIC CONTROL DEVICES A. Traffic signs, flashing lighb, banicades and other tralfic safety devices used to contiol traffic shall conform to the requiremenls of the WATCH handbook or the manual of tmffic control, whidever is more stringent, and as approved by lhe City Traffic and Transporlatron Adminislrator. 1. Portable signals shall not be used unless pemission is given in writing by the agency having lurisdic{ion. 2. Waming signs used for nighttme conditions shall be reflec{orized or illuminated. 'Reflectorized signs' shall have a reflectonzed backgrcund and shall conform to the curcnt State of Califomia Depadmenl of Transportation specification for reflective sheeting on highway signs. B. lf the Contractor fails to p{ovide and install any ol the signs or traffic ontrol devices required herby or ordercd by the City staff, staff may cause such signs or traffic contml devices to be placed by others, charge the costs therefore against the Contractor, and deducl ttle same fmm the next progress payment. 10.06 EXECUTION A. The Contraclor shall provide wdtten nolification to the Police Deparlment at the address below; Police Chief Anthony Miranda Vemon Police Departmenl 4305 Santa Fe Avenue Vemon, CA 90058 Notification shall be sent at least tno (2) weeks prior to lhe beginning of construction al any parlicular location. Notification will include the specific location, projecl dales, whal lanes ol lhe roadway will be closed and when. Also the construc{ion project manage/s name and business phone number and lhe construciion ins@o/s name and business phone number. B. The Conlraclor shall nolify, by telephone, the Police Department, (323) 587-5171 al the completion of any posting of temporary no parking signs. Notficalion will include the trmes, dates and locations of the posting. When vehicles musl be lo$,ed for violation of temporary no parking signs, the person who aclually posted the signs, or on-view supervisor ol thal posiing, will be present to ans$rer perlinent questions that may be asked by the parking enforcemenl officer or police officer towing the vehicles. C. The Contraclor shall nolify the Vemon Fire Department, on a dailv basis during the enlire period lhal construclion is in progress whenever roadways are educed in width or blocked. Nolification shall be made to the Fire Dispatch (323) 5834821 and the Contractor shall provide the information required to identify which oadways would have accessibility problems due lo his/her operations. The Conlractor shall submit to Fire Department schedule of Work for lheir use and fles. D, Roads subjec{ to interference from the Work mvered by this Contract shall be kept open, and the fences subiecl to interference shall be kept up by the ContEtor until the Work is finished. Except where public roads have been appoved for closure, traffic shall be permitled to pass lhrough designated lraffic lanes wilh as l tle inconvenience and delay as possible. E. Where altemating on+way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the on+way trafiic sec{ion. The maximum delay time shall be appDved by the agency having jurisdic{ion. F, Contractor shall install temporary traffic markings where required to direcl the flow of traffic and shall maintain the traffic markings for the duration of need. Contcctor shall remove the markings by abrasive blasling when no longer required. G. Convenienl access to dnveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary appoaches to, and cossing of, intersecting traffic lanes shall be pmvided and kept in good condition, H. When l€aving a Work area and entenrE a roadway canying public traffic, the Contraclo/s equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Conlractor shall provide flaggeE to conlDl traffic where required by he approved traffc control plan, 1. Flaggers shall perform theh duties and shall be povided with the necessary equipment in mrdance with the cunent 'lnstructions to Flaggers' of the Califomia Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no olher dulies. 10,08 PEDESTRIANCANOPIESORBARRICAOEIMPROVEMENTS Refer lo City of Vemon Ior requiremenls for building or access oad safety impovements thal the Contraclor shall construct during mnstruclion period. These devices or improvemenls, as the City deems necessary or prudent, shall be at the expense of the Contractor. [END OF ARTICLEI ARTICLE 11 .INDEMNITY 11.01 |NDEMN|W To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns ('lndemnitees") from and against any and all demands, liability, loss, suit, claim, aclion, cause of action, damage, cost,.iudgment, settlement, decree, arbifation award, stop notice, penalty, loss of revenue, and expense (induding any fees of accountants, altomeys, experts orolher professionals, and costs of investigation, mediation, arbitEtion, litigation and appal), in law or in equ[y, ofevery kind and nature whatsoever, arising oul of or in mnnection with, resulting from or related to, or daimed to be arising out of the Work performed by Contractor, orany of its officers, agents, employees, Submntractors, Sub-Subcontraclors, design consultants or any penson for whose acts any of them may be liable, rqardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an lndemnitee, including but not limited to: A. Bodily inJury, emotional iniury, sickness ordisease, or death to any personsi B. lnfringement ol any patent nghts, licenses, mpyrights or intellec{ual property which may be broughl against the Contraclor or City arising out of Contractods Work, for which the Contraclor is responsible; C. Slop nolices and claims for labor performed or matenals used or fumished to be used in the Work, including all incidentalor consequentialdamages rcsulting to City from such stop notices and ciaims; D. Failure of Contractor or its Subcontraclors to comply with the provisions for insurance; E. Failure to mmply wth any Govemmental Approval or similar authorizatlon or order; F. Misrepresentation, misslatement, or omission wilh respect to any statement made in or any document fumished by the Contractor in connection therewith; G. Breach of any duty, obligation, or requhement under the Contract Documents; H. Failure to povide notice to any Party as required under the Contracl Documenls; l. Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee beneflts. This indemnity provision is effective regardless of any prior, concunent, or subsequent active or passive negligence by lndemnitees, except ftat, to the limited extent mandaled by Califomia Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise ftom the sole negligence or willful mismnduct of lndemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contraclo/s obligations under this Article extend to claims occurTing after termination of lhe Contracto/s performance of the Contract or Final Payment to Contcclor. The obligations apply regardless of any aclual or alleged negligent acl or omission of lndemnitees, Contcctor, ho'r/ever, shall nol be obligated under this Agreement to indemnify an lndemnitee for claims arising from the sole active negligence or wrllful misconduct of the lndemnitee or independent conlrac{ors who are directly responsible to lndemnitees, Contracto/s obligations under this Article are in addition to any other rights or remedies which the lndemnitees may have under the law or under the Contract Documents. ln the event of any claim, suit or demand made against any lndemnitees, the City may in its sole discretion reserve, retain or apply any monies due lo the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds rfthe Contraclor provides the City with reasonable assurance of protection of the City's interests. The City shall in tts sole discrelion determine whether such assurances are reasonable. 11,03 NO LIMITATIONS Contracto/s indemnrflcation and defense obligations set forth in this Arlrcle are separale and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, lhe applicability, scope, or obligations set foft in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an employee of the Conlractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contraclo/s indemniflcation and defense obligations shall nol be limited by a limttation on amounl or type ol damages, compensalion, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefits acts, or olher employee benelils acts. IEND OF ARTICLE] ARTICLE 12 - INSURANCE 12,01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has oblained all insurance required hereunder from a company or mmpanies acceptable to City, nor shall the Contractor allow any Subconkaclor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certfficates and endorsements as sel forth in Exhibit 4 must be submitled by the Contractor pnor to the Cfty's execution of the Contracl. 12.02 MINIMUMCOVEMGEANDLIMITS Conhactor shall mainlain the insurance coverage as set forth in Exhibit 4 throughoutthe lerm ofthe Contract, 12.03 CONDITIONS REGARDING INSUMNCE COVEMGE AND LIMITS City and Contractor agree as follows: A. AII insurance @verage and limits provided pursuanl to the Contracl Documenls shall apply to the full extent of the polioes involved, available or applicable. Nothing contained in lhe Contract Documents or any other agreement relating to City or its operations limits lhe application of such insurance coverage. B. None of the policies required by lhis Contract shall be in compliance with these requirements rf they include any limiting endorsement thal has not been first submitted to City and approved in writing by the City Attomey or City's Risk Manager. 12.U INSURqNCE OBLIGATION IS SEPAMTE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions:A. Are separate and independent from the indemnification and defense provisions in Article 12 of lhe Agreement; and B. Do not limit, in any way, the applicability, scope, or obligations ol the indemnification and defense provisions in Article '12 of the Agreement. [END OF ARTICLE] ARTICLE 13 - BONDS 13,01 REQUIREDBONDS A. Contractor shallfumish the following bonds: 1. A Performance Bond in an amounl Eual to one hundred percent (100%) of the total Contract pnce in the form shown in Exhibit'1' attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundGd percenl (10CP/o) of the total Contract pnce in the form shown in Exhibit'2 attached hereto. 3. A Mainlenance Bond in an amount equal to ten percent ('100/0) of the total Contract price in the form shown in Exhibit'3" attached hereto. 13.02 POWEROFATTORNEY All bonds shall be accompanied by a power of attomey lrom the surety company authorizing the person executing the bond to srgn on behalf of the company. lf lhe bonds are executed outside the State of Califomia, all copies of the bonds must be countersigned by a Califomia representative ol the surety. The signature of the person executing the bond on behall of Surety shall be acknowledged by a Notary Public as the signature of lhe person designated in the power ol anomey. 13,03 APPROVEDSURETY All bonds musl be issued by a Calrfomia admitted surety insurer with the minimum A.M Besl Company Financial strength rating of "A: Vll", or better. Bonds issued by a Calilomia admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the Cily. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documenls enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety mmpany authorizlng the person execuling the bond to sign on behalf of the company. lf 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 REQUIREDPROVISIONS Every bond must display the surety's bond number and incorporate the Contract for construction of lhe Work by reference. The terms of lhe bonds shall provide that the surety agrees that no change, extension of time, alteration, or modificalion of the Contract Documents or the Work to be performed thereunder shall in any way afiecl its obligations and shall waive notice of any such change, extension of tme, alteration, or modmcation of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES lf, during the mntinuance of the Contract, any of the sureties, in the opinion ol lhe City, are or become non- responsible or otheMise unarceptable to City, City may require other new or addilional sureties, which the Contractor shall fumish to the satisfaction of City within ten (10) days after notice, and in default thereol 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 ALTEMTIONS No modifications or alterations made in the Work to be performed under the Contracl or the lime of perlormance shall operate to release any surety fmm liability on any bond or bonds required to be given herein. Notke of such events shall be waived by the surety. 13.07 APPROVALOFBONDS The Conlracl will not be execded by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. Crt/s decision as to the acceptability of all sureties and bonds is final. No subsliMion of the form of the documents will be permitted without the prior Mitten consenl of City. IEND OF ARTTCLEI ARTICLE 14 - LABOR PROVISIONS 1401 WORKINGHOURS Work or activity of any kind shall be limited lo lhe hours from 7:00 a.m. to 7:m p.m. No conslruction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. ol the next day. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidap requires prior consent of the Director and is subject to Cost of Overtime Construction lnspeclion. Night, Sunday and Holiday Work, No Wo* shall be perlormed al nighl, Sunday, or the ien ('10) legal holidays lo wit: New Yea/s Day, Martin Luther King, Jr. Day, Washington's Birlhday, Memorial Day, lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Chnstmas Day, except Work pertaining to the public safety or wilh lhe permission of the Director, and accordance with such regulations as he/she shall fumish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contrrclor shall orve 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 OVERIIME CONSTRUCTION SERVICES AND INSPECTIONS C. Ove me construction Work prformed at the option of, or for lhe mnvenience of, the Contractor will be inspected by the City at the expense ol the Contcctor. For any such overlirne beyond the regular &hour day and for any time rrcrked on Saturday, Sunday, or holidays lhe charges will be determined by lhe City, and submitted to the Contractor for payment. Equipment, materials, or services povided by lhe City, in conneclion with Contractorinitialed overtrme construction Work described in Paragraph '14.02(A), will also be at lhe expense of lhe Contractor, The charges will be determined by the City, and submitted to the Contraclor for paymenl. There will be no charges to the Contftrctor for the inspection of overtime Work ordered by the Direclor or required by lhe Contract Documents. 14 03 COMPLIANCE WITH STATE LABOR CODE Contractor shall comply with he povisions of the Labor Code of the Stale of Califomia and any amendments thereof. 1. The time of service of any uo*er employed upon the Work shall be limited and restricted to eight (8) hours during any onecalendar day, and 40 hours dunng any one€lendar !t/eek. 2. Work perlormed by employees of the Conlractor in excess ofeight (8)hours perday, and 40 hours during any one calendar r €ek, shall be permined upon mmpensation for all hours worked in excess of eight (8) hours per day at not less than one and on+hatf times the basic rale of pay. 3. The Conlractor and every Subcontrrctor shall keep an accurate record showing the name of and the aclual hours wo*ed emh cabndar day and erch calendar rreek by each rrorker employed by him/her in mnnection with trhe Work; the reord shall be kepl open at all reasonable hours lo lhe inspection of lhe Cry and to the Division of Labor Standards Enforcement ol trhe Slate of Califomia. 4. ln the event City deems Contractor is in violation of this Paragraph 14.03, the Contnaclor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each $/orker employed in the execrtion of the Contract B C I by the Contractor or by any Subconraclor for each calendar day for which lhe employee was underpaid in addition to an arnounl suffcienl to recover underpaid wages. For each subsequent yiolation, a (one hundred dollar) $100 penalty shall apply lor each underpaid employee for each pay perid for which the emdoyee was underpaid in addition to an amount suffcient to cover underpaid wages. This subparagraph is efiective to the extent it does not direc{y mnflict with the overtime penalty povision ol Calilomia Labor Code Section 558. ln the event of such conflict, the Califomia Labor Code govems over lhis Paragraph '14.03(A)(4). 14.M WAGE RATES A. Prevailing Wages 1. Contrac{or shall mmply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in lhe locality in which the Work is lo be performed, for each craft, classilication, or type of worker needed to execute the Contracl. The Director of lhe Department of lndustrial Relations of the State of Califomia (pursuant to Calilomia Labor Code) and lhe 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 lo be performed. The rates are available online at rntrr.dr.caqo/DLSR/PWU. To the extent thal there are any differences in the federal and state prevailing wage rates for similar classillcations of labor, the Contractor and its Subcontractors shall pay the highesl wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contactor and any Subcontraclor under him/her shall pay not less lhan the specified prevailing rate of wages lo all ',\orkers employed in the exec'ution of the Contrtrt. 4. The holidays upn which such rales shall be paid shall be all tnlidays recognized in the colleciive baEaining Contract applicable to he particular craft, classificaton, or type of wo*er employed on the proiect. 5. The Contractor shall, as a penalty to the State or the City, forfeit nol more than Frfty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or crafl in which the worker is employed under the Contract by the Contractor oI by any Submntractor under him, The difference between the prevailing wage rates and the amounl paid to each worker for each calendar day or portion thereof for which such worker was paid less than lhe stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rales 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 specmed herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. PuBUant to Califomia Labor Code Section 176, 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 lhe actual per diem wages paid to each loumeyman, apprentice, worker or other employee employed in mnneclion with the Work. The payroll records shall be certified and shall be available Ior inspeclion. 2. The Contractor shall infom the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Wo*ing Days, provide a notice of change in location and address. 3. Upn request by the Director, the Contraclor shall provide a copy of the certified paymll recolds along with a statement of compliance. 14,05 APPRENTICESHIPSTANDARDS A. Compliance with Califomia Labor Code Seclion 1777.5 requires all public works contractors and sub@ntractors to: 1. Prior to mmmencing work on a public works contract, submit Contract Award information to the applicable ioint apprenticeship committee, including an estimate of the loumeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximale dates the apprentices willbe employed. Use Form DAS-140fromlhe State Departmenl of lndustrial Relations. The City reserves the right to require Contractor and Subconlractors to submit a copy of said lorms to the City. 2. Employ apprentices for the public uo* at a natio of no less than one (1) hour or apprentice wo* for every live (5) hours or labor performed by a joumeyman. To requesl dispatch of apprentices, use Form DAS-142 from lhe State Department of lnduslrial Relations. The City reserves the righl 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 delined in Labor Code Section 307. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for joumeyman and apprenlices. Contractors who chmse not to contribute lo the local training lrusl fund musl make lheir mnlributions to the Califomia Apprenticeship Council, P.O. Box 420603, San Francism, CA9142. B. Failure to comply with the provisions of Califomia Labor Code Section '177.5 may result in the loss of the right to bid or pedorm 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 nonmmpliance 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 accurale payroll record, showing the name, address, social secunty number, work classiflcation, 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 Poect [,lanager every two weeks. D. Statemenl ofEmployer Fringe Benefit Payments. Within five (5)calendardays ofsigning the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of lndustrial Relations) shall be completed lor each Contractor and Subcontractor of any tier who pays benefits lo a lhird party lrust, plan or fund for healh 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 mntributed and the frequency ol mntnbutions, Training fund contributions shall also be reported in this form. City reserves the right to require Contrac{ors and Subcontractors to submit a copy of said forms to lhe City. 14,06 EMPLOYMENTOFAPPRENTICES A. ln the pelformance of this Contract, the Contraclor and any Subcontrac{or shall mmply with the provisions conceming the employment of apprentices in the Labor Code of the State ol Califomia and any amendments thereof. B. ln the event lhe Contrac{oror any Subconkaclor willfully fails to mmply with the aforesaid provisions of the Labor Code, sudr Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code ol the State of Califomia and any amendments thereof. 14.07 REGISTMTION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS ln the performance of this Conlract, Conlractor and/or any Subcontractor must b€ cunently registered and qualilied (including paymenl ol any required fee) with the State Department of lndustrial Relations pursuant to Labor Code section 1725.5. This projecl is subiect to compliance monitoring and enforcement by the State Department of lndustrial Relalions. 14,08 CHAMCTER OF WORKERS The Contractor shall not allow his/her agents oremployees, Subconlractors, or any agent or employee thereof, to lrespass on premises or lands in the vicinity of the Work. Only skilled loremen and workers shall be employed on Work requiring special qualilications, and when required by the Director, the Conlractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or othenrise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled subslances on the Work shall be discharged. Such discharge shall not be lhe basis of any claim for compensation of damages against the City or any of its ofiicers, agents, and employees. 14.09 NO SMOKING - STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, Epresentatives, and any person under Contractor's control, are prohibited from smoking in- or within a 2o-foot distance from- the Site, which is a "place of employment' under Califomia Labor Code $ 6404.5. [END OF ARTICLE] ARTICLE 15 - DISPUTE RESOLUTION ,15 O1 SUBMISSION OF CLAIMS c By Contraclor Contrclo/s righl to commence the Claims Dispute Resolution Process shall arise upon the Directo/s wrrtlen response denying all or part of a Claim. Contre{or shall submil a Mitlen Statement of Dispute to the Director within seven (7) Days after the Director reiecb all or a portion of Contracto/s Claim. Conlracto/s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving dse to the Claim, the dates of their occunence and the efiecl, ifany, on the compensation due or performance obligations of Contmctor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substanliale the disputed Claim. Adequate supporting data for a Claim relaling to the adjustnent of trhe Contracto/s obligations relative to time of perlormance shall include a detailed, event{y€vent desffiplion ol the impact of erch delay on Contracto/s time for prformance. Adequate supporting data to a Slatement of Dispute submitted by Conlraclor involving Contracto/s compensation shall include a detailed cosl breakdovm and supponing cost data in such form and ircluding such detailed information and other supponing data as required to demonstrate the grounds for, and precise amount of, the Claim. By City City's right to mmmence the Claims Dispute Resolution Process shall arise at any time lollowlng the City's aclual discovery of the ciroimstances giving rise to lhe Claim. Nohing contained herein shall predude City from asserting Claims in response to a Claim assened by Contractor. A Staiement of Dispute submitted by City shall stale the events or circumstances giving rise to the Claim, the dates of lheir occurence and he damages or other relief claimed by City as a result ol such events. Claims Defined The term'claims" as used herein shall be as defined in Califomia Public Contrst Code S 20104(bX2). 15.02 CI.AIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following step in the Claims Dispute Resolutron Process in the sequence they appear below. Each party shall participate fully and in good failh in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condrtion precedent to the nght of each party lo proceed to the next step in the Claims Dispute Resolution Process, Direct Negotiations Designated represenlatives of Crty and Contractor shall meet as soon as possible (but not later than ten (10) Days afler receipt of the Statement of Dispule) in a good faith effort to negotiate a resolulion to lhe Claim. Each party shall be represented in such negotiations by an authorized representalive wilh full knowledge of lhe delails of the Claim or defenses being asserted by suct party, and with lull authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City Council lor other City oflicial] approval of any agreed settlement or resolution. ln the Claim involves the asserlion of a right or claim by a Subcontractor against Contractor that is in tum being asserted by Conlractor againsl City, then such Subconlractor shall also have a representative attend such negoliations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, lhe parties may either continue the negotiations or either party may dedare negolialions ended. All discussions that occur dunng such negotiations and all documenls B prepared solely for the purpose of such negotiations shall be mnfidential and privileged pursuant to Califomia Evidence Code Seciions 1 'l '19 and 'l 152. Defenal of Claims Following the comdetion of the negotiations lequircd by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties oher than the Contraclor and City, shall be defened pending Final Comdetion of the Work, subject to Crty's right, in ils sole and absolute discclon, to requiE that the daims Dispule Resolution Process proceed prior to Final Comdetion. ln the event that City does not elecl to proceed with the Claims oispute Resolution Pocess pdor to Final Comdetion of the Work, all Claims that have been defened until such Final Completion shall be consolidated within a reasonabletime after such FinalComdetion and thereafler pursued to resolution pursuant tothe Claims Dispule Resolution Process. Nothing conlained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotations of Claims that have been defered until such Final Completioni provided, hov€ver, that sudl infomal negotiations shall not be interpreted as attering the provisions of his Mide 15 defening final determination and resolution of unresolved Claims until afler Final Completion of the Work. Legal Pmceedings lf 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 Pocess shall not mnstitute a waiver, release or compomise of any delense of eiher party, including, without limitation, any defense based on the assertion $at lhe rights of Contraclor that are he basis of a Claim rlere previously waived by Contrator due to failure to comply with the Contrac{ Documents, including, wthout limitation, Contraclo/s failure to mmply with any time periods for providing notices or for submission or supporlrng doormentation of Claims. IEND OF ARIICLE] B c ARTICLE 16. ACCOUNTING RECORDS 16.01 MAINTENANCEOFRECORDS Contractor shall keep, and shall include in its mntracts with its SubcontEctors, provisions requiring its Subcontractors to keep full and delailed books and remrds in accordance wilh the rEuirements of the Conlract Documenls, including the following: all information, matenals 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 matlers, rights, duties or obligalions relaling to the Proiecl or the performance of the Work, including, wilhout limilation, agreements, purchase orders, leases, @nlracts, commitments, anangements, 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, memorandai accounling records; iob cost reports; job cost files (including mmplete documenlation covering negotiated settlemenls); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relaling in way lo Claims or Change Orders, Construction Change Directives, Work Dhectives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor ("Accounting Records'). Contractor shall exercise such contmls as may be necessary lor proper financial management of the Work. Such acounting and conlrol systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation ol such records for a period ol 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 Conlraclor shall allow, and shall include in its contracts with its Subcontractors provisions requiring ils Submntractoc lo allow, City and its authorized representalive(s), audilors, attorneys and accounlanls, upon twenty-four (24) hours nolice to Contractor, full access to inspecl and mpy all books and records relating to the Poject that Contractor is required to maintain pursuant lo Paragraph 16.01, above. 16.03 CONTMCTORNONCOMPLIANCE,WTHHOLDING Contracto/s compliance wilh Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal aclion or arbilration by Contraclor against City. ln addition to and without limitalion upon City's other rights and remedies lor breach, including any olher provisions Ior withholding set forth in the Contract Documents, City shall have lhe right, exercised in its sole discretron, to withhold from any paymenl to Contractor due under a cunenl Application for Payment an additional sum of up to ten percent (10o/o)of the total amount set forlh in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfled 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 SPECIFICENFORCEMENTBYCIW Contractor agrees thal any failure by Contraclor or any Subconlraclor lo 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 competenl iurisdiclion based on affidavits submitted to such courl and wilhout 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. IEND OF ARTTCLEI ARTICLE IT.MISCEII.ANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notlces, Compliance Conlractor shall give all notices required by govemmental authorities and comply with all applicable laws and lawful orders ot govemmental authorities, including but not limrled to lhe provisions of the Califomia Code of Regulations applicable to mnlraclors perlorming construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employrnent opportunrties. B. Taxes, Employee Benefits Conlractor shall pay at its own expense, at no cost to the City and without adjustment to the Contracl Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business cens€, use and similar laxes on matenals, labor or other items fumished for the Work or portions thereof povided by Contretor or Subcontractors, all taxes ansing out of its operations under the Conlract Documenis and all benefils, insurance, laxes and ontributions for social seq.,nty and unemployment insurance which are measured by wages, salaries or other remuneration paid to Conlracto/s employees. lf under federal excise tax law any transaction hereunder constrtutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise lax because il is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary lo show that is a political suMivision ofthe State for the purposes of suci exemption and that the sale is for the exclusive use ofthe City, in which case no excise tax for such materials shall be included in lhe Bid or Contcct Sum. C. Notice of Volations Conlractor shall immediately notify the City and Director in writing of any imtruclion received from the City, Direclor, Arditect or other person or entity that, il implemented, rrculd cause a violation of any applicable law or lawful order of a govemmenlal authority. lf Contractor lails to provtde such notice, then Direclor shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of govemmental authorilies. lf Contractor observes that any portion of the Drawings and Specifications or Work are al variance wilh applicable lar6 or lawful orders of govemmentd auhonties, or should Contraclor become aware ol conditions not covered by the Contract Documents which will resull in Work being at variance therewith, Contractor shall pmmptly notify Dieclor in writing. lf, without such notice to Direc{or, Contraclor or any Subcontraclor performs any Work which it knew, or through the exercise of reasonaUe care should have known, was contrary to lawful orders of govemmental authorities or applicable lat,,s, then Contractor shall bear all resulting losses at its own expense, at no cost to City and wilhoul adjustment to the Contracl Sum. 17,02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all mpies thereo0 and all designs and building designs depic{ed therein are and shall remain the sole and exclusive property of the Cty and the City shall solely and exclusively hold all copyrighls thereto. Without derogation the City's rights under lhis Paragraph, the Contr&tor and Subcontraclors are granted a limiled, non€xclusive license, revoc€ble al will of Crty, to use and reproduce applicable portlons of the Contr&l Documenls and Submittals as appropnate to and for use in the execution of the Work and for no other purpose. B. Documents on Sile 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 Govemmental Authorities. C. Delivery to Oty All Design Documenls, Contract Documenls and Submittals in lhe possession of Contraclor or Subcontractors shall be retumed to the City upon the eadier of Final Complelion or termination of the Construc{ion Contracl; provided, however, that Contractor and each Submntractor shall have the righl to retain one (1) copy ol lhe Contrac{ Documents and Submittals lor its permanenl records D. Subcontraclors Contractor shall take all necessary steps lo assure that a provision is included in all subcontracts with Subcontretors, of every tier, who perform Work on the POecl establishing, protecling 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.M WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions ofthe Conlract Documents at any time shall noi in any way limilor waive that party's right thereafter to enforce or compel stricl compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if lhe parties make and implement any interpretation of the Contract Documents wilhout documenling such interpretation by an instrument in wriling signed by both parties, such interpretalion and implementation thereof will not be binding in the event ol any future disputes. ,I7.05 INDEPENDENTCONTMCTOR Contractor is an independenl contractor, and nothing mntained in the Contract Documents shall be construed as constituting any relationship wilh City other lhan thal ol Project owner and independent contrrctor, ln no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contracto/s employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Excepl as olhenvise specified in the Contract Documents, Conlraclor has sole authority and responsibility to employ, discharge and otheruise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contraclor or any Subcontractor hires lo perform or assist in performing the Wo*. ,I7.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon aod 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 Perlormance Bonds, to (a) any other govemmental person as permitted by governmental rules, provided thal the successor or assignee has assumed all of City's obligations, duties and liabilities under lhe Contract Document then in effect; and (b) any other Person wilh the prior wntten approval of Contractor. B. Contractor may collalerally assign its rights to receive payment under the Contract Documenls. Conhactor may nol delegate any of its duties hereunder, except to Subcontractors as expressly othenrvise permitted in lhe Contract Documents. Contracto/s assignmenl or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Conlractor of its responsibility for the Work assigned or delegated, unless City, in its sole discrelion, has approved such relief fom responsibility. Any assignment of money shall be subject to all proper set{ffs and withholdings in favor of City and to all deduclions provided for in the Contract, All money withheld, whether assigned or not, shall be subject to being used by City for completion ol the Work, should Contractor be in default. C. Except for the limited circumstances set forlh in Paragraph 17.06-8, above, Contractor may not, without the prior written mnsent of City in its sole discretion, voluntarily or involuntarily assign, convey, lransfer, pledge, mortgage or otheMise encumber its rights or interests under the Contract Documents. No parlner, joint venturer, member or shareholder ol Contractor may assign, convey, transfer, pledge, mortgage or otheMise encumber its ownership interest in Contractor without the prior wntlen mnsent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and wananties, lhe dispute resolution provisions conlained 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 terminalion of lhe Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contracl Documents to create any third party beneficiary hereunder or to authorize anyone not a party herelo lo mainlain a suit Ior personal inJury or property damage pursuant to the terms or provisions hereof, except lo lhe extent lhat specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled lo benelits hereunder. The duties, obligations and responsibilities of lhe parties to the Contracl Documents wilh respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contrac{ual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILIW 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 lhe Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consullant, Council member, ofllcer or authorized employee of City, shall be personally responsible for any liability arising under the Contracl. 17.10 NOESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Conlract 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 amounl and character of the work done, and malerials fumished by Conlractor or any person under the Contract or fom showing al any time lhat any such measurement, estimate or certificate is untrue and inconect, or improperly made in any particular, or that the work and malerials, or any part thereof, do not in fact conform to the Contracl Documenls. Notwithstanding any such measuremenl, estimate or certificale, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contraclor and its Sureties such damages as City may sustain by reason of Contraclo/s lailure to comply or lo have complied wilh the Contract oocuments. 17.11 GOVERNING LAW The laws of the State of Calrfomia govem the construction and interpretalion of the Contract Documents, without regard to mnflict of law pnnciples. Unless the Contract Documents provide olhenrise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. lf Contractor or City brings a lawsuit lo enforce or interprel one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, Califomia, or where otherwise appropnate, in the United States Distnct Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed-and the Work was performed-n the City of Vemon, Califomia. 17.12 FURTHERASSUMNCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are feasonably requested by City to fudher evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17,13 SEVEMBILITY lf any clause, provision, section, paragraph or part of the Conlract is ruled invalid by a coun having proper jurisdiclion, lhen the parties shall: (a) prompUy meet and negotiate a subslitule for such clause, provision, section, paragraph or part, whrch shall, to the greatest extent legally permissible, effect the original intent of lhe parties, including an equitable adjustment to the Contracl Pnce to account Ior any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the courl or other decision maker (as applicable) which declared such invalidity for an interpretation oI the invalidated po ion to guide lhe negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceabilily of the balance of the Contract, which shall be conslrued 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 nol be deemed part of the Contract or considered in construing the Contract. 17,15 ENTIREAGREEfuIENT The Contract Documents contain the entire understanding of the parties wifi respect to lhe subjecl matter hereof and supersede all prior agreements, understandings, statements, representations and negoliations between lhe parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparls, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IEND OF ARTTCLEI 1 EXHIBIT 1 Bond No. Premium Amount: $ Bond's Eflective Date: PERFORMANCE BOND RECITALS: The City of Vemon, Califomia ("City'), has awarded to (Name, address, and lelephone of Contraclor) ("Principal'), a Contract (the "Contracl") for the Work described as follo$,s: Specification No in Vernon, CA. 2. Principal is required under the terms ofthe Contract- and all conkact documents relerenced in it ('Contract Documents"F to fumish a bond guaranteeing Princlpal's faithful performance of the Work. 3. The Conlract and Contract Documents, induding all their amendments and supplements, are incorporaled into this Bond and made a part ol it by his reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, addless, and telephone of Surety) ('Surety'), a duly admitted surety insurer under Califomia's laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respeclive heirs, exefltors, administrators, successors, and assigns to pay City the penal sum oI Dollars ($ ) (lhe Bonded Sum'), this amount comprising not less than the total Contract Sum, in lawlul money of he United States of America The Califomia Licensed Resident Agent for Surety is. (Name, address, and telephone) Registered Agent's Califomia Department of lnsurance License No. THE CONDITION OF THIS BOND'S OBLIGATION lS THAT, if Principal prompfly and faihtully perlorms he undertakings, terms, m\,Enants, conditions, and agreemenb in he Confaci and Contract Documents (induding all heir amendmenb and supplements), a wihin he time ad in he manner bat trcse docurnenb specity, hen hls obligation becomes null and void. OheMise, this Bond remains in full force and efu, and he following terms ald mndfims appv to his Bond: 1. This Bond specificalv guarantees Principal's perlormance of eadl obligation and all obligations under the Contrad and Confact Documents, as they may be amended and supplemented- including, but not limited to, Principal's liability for liquidated damages, Waranties, Guarantees, Conection, and Maintenance obligations as specifed in he Confacl and Confad Documents- excepl that Surety's total obligation, 6 described here, rrrillnotexceed he Bonded Sum. 2 For hose obligations of Principd hat suMve Final Completion of he Work described in the Conbacl and Contret Documents, the guarantees in his Bond also survive Final Completon of lhe Wort 3. When City declares that Principalis in defaull under the Contact, or Confact oocuments, or both, Surety shall promplly: (a) remedy the default (b) complete he Project according b the Contracl Documents' terms and conditions then in etfect; or (c) using a procuremenl methodology approved by City, selecl a contraclor or confetors- acceptable lo City- to complete all of lhe Wort, and arrange for a contract between lhe contraclo(s) and City. Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contr*t Sum, and to pay and perlorm all obligations of Principal under the Confact and Contract Documents- including other costs and damages ,or which Surety is liable under this Bond- except hat Surety's total obligalion, as described here, will not exc€ed he Bonded Sum 4. An albralion, modificdion, change, addition, deletion, omission, agre€rnenl or supplernent to he Contract, Contracl OoqJments, or the nature of be Wo perfurmed under he Contracl or Contet oocuments- induding, wihout limitation, an extension of lime for perlormance- does not, in ary way, afbcl Surety's obligatbns under his 8ond. Surety waives any notice of alteratbn, modificafun, change, addition, deletiofl, omission, agreement, suppl€ment or extension ol time 5. Surety's obligations under bis Bond are s€parale, independent from, and nol contingent upon any oher surety's guaranteeing Principal's faihful perlormance of $e Worl. 6 No right of elion acques on this Bond to any entity oher han City or its successors and assigns 7. lf an aclion at la'v or in equity is necess y to enforce or inlerprel his Bond's terns, Surety must pay- in addilion to he Bonded Sum- City's reasonable attomeys' fees and litigalion cosb, in an amount he coun fues. 8. Surety shall mail Ciiy written notice at least 30 days before; (a) $e etfedive date on which 6e Surety vrill cancel, terminate, or withdraw ftom this Bond; or (b) his Bond becomes void or unenforceable for any reason. On the date set forth below, Principaland Surety duly erecuted his Bond, wih he name of each party appearing below and signed by its representative(s) under the auhority of its goveming body. Date: PRINCIPAL:SURETY: (Company Name)(Company Name) (Sllnature)(Srgnature) (Name) By: Its: By Its: (Name) (T le)(Tle) Address br S€rving Notires ff oher Doqrmenb: Address for Sewing fbtices or oher D@rmenb: CORPORATE SEAL CORPOMTE SEAL . 7H'S EOIVD MUST BE qECUIED IN IruPUc,.TE,. EVIDENCE ttUST BE A|TAAIED ff fHE AWfiRITY OF N'lY PERSCT'/ SlGlJl rG AS ATORMY4 /flcli. filE ATT@NEYIN+ACrS SIGMIURE MUST BE NOTAR|ED.. /4 @RPOMTE SEAI MUSr 8E IMPRESSED An IHS FffiM WHEN fHE PRltlClPN- OR 7HE SUREry G NH, ARE A coF.rcRATtON. APPROVED AS TO SURETY AND AMOUNT OF BONDED SUM: APPROVED AS TO FORM: ByBy Director of Public Works City Attomey BOND ACKNOWLEDGMENT STATE 0F CALTFoRNTA ) )ss. COUNTY 0F ) On this day of before me, FOR SURETY'S ATTORNEY-IN-FACT 20-, (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 lo this inslrument as the attomey in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attomey in fac1. I certily under PENALW OF PERJURY under the laws of the Slate of Califomia ihai lhe foregoing paragraph is true and mrrect. Notary Public SEAL EXHIBIT 2 Bond No.: Premium Amount: $ Bond's Efiective Date: PAYMENT BOND (I.ABOR AND MATERIATS) RECITALS: 1. The City of Vemon, Calibmia ('CM), has awarded to (Name, addless, and telephone of Desqn-Builde4 ("Principal'), a Contract (he 'Conkact") for he Work described as follours: Specification No. _:in Vernon, CA 2. Principal is required under Califomia Civil Code Sections 3247-3248 and he lerms of he Contracl- and all conEad do&ments referenced in it ('Contmcl oocumenbF to fumish a bond guaranteeing Pdncipal's paying daims, demands, liens, or suits for any uork, labor, services, materials, or equipment fumished or used in the Work. 3. The Contracl and Contracl ooorments, induding all their amendments and supplements, are incoryorated into his Bond and made a part of il by $is reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone of Surety) ('Surety'), a duly admitted surety insurer under Califomia's lau,s, agree as follows: By this Bond, We joinuy and severally oblillate and bind ourselves, and our respeclive heirs, exectlors, adminisbators, su@essors, and assigns to pay Cty the penal sum of oollars ($ )('$e Bonded Sum'), this amount comprising not less han he lolal Contrtr{ Sum, in lawful money of tre United States ol America. The Califomia Licensed Resident Agent lor Surety is: (Name, addr€ss, and lelephone) . Regislered Agent's Califomia Deparunent of lnsurance License No. THE CONDITION OF THIS BONO'S OBLIGATION lS TMT, if ftincipal or a subcontractor fails to pay (a) any person named in Califomia Civil Code Seclion 3181, or any successor legislation; (b) any amount due under Catifomia's lIgtrplgyqgllhsgElgq QgOg, or any successor legislation, for umrk or labor performed under the Contracl or Contract DooJments; or (c) any amounl under Unemolovment lnsurance @!9 Section 13020, or any successor legislation, that Principal or a subconEaclor must deduct, withhold, and pay over to he Employment Development Departnent from he wages of its employees, for ',rork or labor performed under the Contracl or Conlract Documents, tren Surety shall pay for he sarne in an amount not-to€xceed he Bonded Sum Otherwise, his obligation becomes null and void. While this Bond remains in fult force and efied the following terms and conditions apply to this Bond: '1. Tlis Bmd inur€sbhe bqeft oI any of lhe persons named in Caliromia Civil Code Section 3181, tr ary suc.essor legisldh, dvhg flo.se persons or tldr Gsigns a rEhl d dixr in ary suit brulght upql his Bond, unless Caliromia Civil Code Section 3267, or any successor legislation, applies 2. An alteration, modificaton, change, addition, deletion, omission, agreement, or supplement to he Conb&t Cmfact oocumenb, or the nature of the Work performed under the ContEcl o( Contract Documents- including, without limitation, an extension of time for perlormance- des not, in any my, affec{ Surety's ouigations under his Bond. Surety waives any notice of alteration, modification, dlange, addition, delelion, omission, agreemenl, supplemenl, or exlension of time. 3. Surety's obligations underhis Bond ire separate, independenl from, and not contingent upon any oher surety's paying claims, demands, liens, or suits lor any work, labor, services, materials, or equipment fumished or used in the Work 4. lf an action al law or in equity is nec€ssary to enror@ or inlerpret this Bond's terms, Surety must pay- in addiilon to the Bonded Sum- City's reasonable attomeys'lees and litigation costs, in an amount the court fixes. 5. Surety shall mail City $ritten notice at least 30 days before: (a) he efleciive date on $rhich he Surety will cancel, terminale, or withdraw lrom this Bond; or (b) his Bond becomes void or unenforceable for any reason. On the date set lodh belov{, Principaland Surety duly executed $is Bond, with the name ofeadl party appearing below and signed by its representative(s) under the authority of its goveming body. Date: PRINCIPAL SURETY: (Company Name)(Company Nam€) (Signature)(Signalure) ByBy (Name)(Name) tstS (Tle)(Tle) Address for Serving Noti:es or oher ooojrnenb: Address b{ Serving llotiEs or o$er Docurnents: CORPOMTE SEAL CORPOMTE SEAL . IHIS 8OA/D MUST BE OGCUIED IN IflHJANE.. flIIDENCEMUST BE ATTAUEOff THE AUIHORIIy G N'tY PERSOT'I SlGrv/rVG AS AIIOR vEY-l /f/4CL. THE ATIORNEYJN+AC'1"S S,GIV/qIURE MUSr BE NOTARLE1.. A @RPORAIE SEAT MUST 8E 'MPRESSED OI TIIS FffiM WTIEN THE PR/iICIPN. G THE SUREIY, @ NIH, ARE A cffircRAflAN. APPROVED AS TO SUREW AND Atvl0UNT OF BONDED SUM APPROVED AS TO FORM: ByBy Director of Public Works City Attomey STATE OF CALIFORNIA ) )ss.couNryoF ) 0n this day of before me, BOND ACKNOWLEDGMENT FOR SUREW'S ATTORNEY-IN-FACT 20-, appeared .(name), a Notary Public for said County, personally .(name), who proved to me on the basis of satisfactory evidence lo be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscnbed the name of as principal, and his/he own name as attomey in lact. I certify under PENALTY OF PERJURY under the laws of the State of California that lhe toregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 3 Bond No : Premium Amount: $ Bond's Effective Date: MAINTENANCE BOND RECITALS: '1. The City ofVemon, Califomia ('City'), has awarded to (Name, address, and telephone of Contractor) ("Principal'), a Contract (the'Contracl') for the Work described as follows: Specification No.in Vemon, CA. 2 Principal is required under the lerms of the Contract- and all conlract documents referenced in it ('Contract Documents")- after completion ol the Work and betore the fling and recordation ol a Notice of Completion for the Work, to fumish a bond to secure daims for Maintenance equal lo len percent ('100/0) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Nolice of Completion and Acceptance ol the Work is filed wih the County Recorder, to protect he City against he result offaulty material or,rrorkmanship during that time. 3. The Contract and Contract Documents, induding 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 ldephone of Surety) ("Surety'), a duly admitted surety insurer under Califomia's laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administratorc, successors, and assigns to pay City the penal sum ol Dollars ($_______________J (lhe Bonded Sum'), lhis amount comprising not less han the total Contract Sum, in lawful money of the United States of America. The Califomia Licensed Resident Agent for Surety is: (Name, address, and lelephone) Registered Agent's California Department of lnsurance License No. THE CoNDlTl0N 0F THIS BOND'S oBLIGATI0N lS THAT if the said Principal or any of his or her or its subconbactors, or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or eiher of $em, shall fail to execute withln a reasonable amount of time, orfailto respond wihin seven (7)days wih a ffitten schedule acceptable to the City lor same, repair or replacement of any and all Work, logether with any other adjacent Work which may be displaced by so doing, hat proves to be defective in its norkmanship or material for he period of one (1) year (except wtEn ofEnvise required in the Contract to be lor a longer period) from he date the City's Notice of Completion and Acceptance, or equivalent, is fled wih the County Recorder, ordinary wear and tear and unusual abuse or neglecl excepted with respecl to sud] Work and labor, the Surety herein shall pay for the same, in an amounl not exceeding $e sum specifed in his Bond. 1 When City declares that Principal is in default under the Contract, or Contract oocuments, or both, Surety shall plomptty remedy the default using a procurement methodology approved by City, selecl a mnuaclor or contractors- acceptable to City to complete all of he Wort, and anange for a conbacl between lhe confaclor(s) and Cfty. Surety shall make available sufficient funds to pay the cost oI repair or repleement ol any and all Work ard to pay and perform all obligations of Principal under he Contrac{ and Contract Documents- including oher costs and damages for which Surety is liable under this Bond except thal Surety's total obligation, as described here, will not exceed the Bonded Sum. 2. Should he condilion of his bord be fully perforned, hen his obligalbn shall become null and \oU, olhe ise il shall be and remain in full torce and efied. 3. Surety, fur yalue received, hecby $ipulates and agrces hat no drange, extension of lime, alleralion, or addilion b he tsrms of sai, Contrel or b he Work to be perbrmed hereunder or he specificatims acompanying he same shall in any manner afiecl ib obligations on his bond, and it does hereby ryaive notice of any sudl change, extension, alterdtbn, or addition. 4 Surety's obligations under his Bond are separate, independent trom, and nol conlingent upon any oher surety's guaranteeing Pnncipal's faihful perlormance of he Work. 5. No right of aclion accrues on this Bond to ary enlity oher han City or ils successors and assigns. 6. lf an aclion at la or in €quily is necessary to enforce or interpret his Bond's terms, Surety must pay, in ddithn to he Bonded Sum, City's reasonable allomeys' fees and litigaton costs, in an amount he court fues. 7. Surety shall mail City writbn notice al least 30 days before: (a) he etlective date on vJhi:h he Surety will cancel, brminaE, or wilhdraw from this Bond; or (b) ttis Bond becomes !,/oi, or unenforc€able for any reason. L Deah ofhe Principal shall not relier,/e Surety of its obligaiions hereunder. On he date set fort below, Principal and Surety duly executed this Bond, wih the name of eadr party appeadng below and signed by its representative(s) under the auhority of its goveming body. Date: PRINCIPAL SURETY: (Company Name)(Company Name) (Signature)(Signalure) ByBy. tS (Name)(Name) Its(TiUe) fri e) Addres for Saving Ndixs q Oher D@rrnenb: Addr€ss hr SeNing tlotbes or otrer Docunrnb: CORPOMTE SEAL CORPOMTE SEAL . THISEOVDMUSISE dECUIED N TflHJAfE,. EVIDENCEMI,IST BEATTACHED E ftE AUII0NIy OFANYPERSOIVS,ON/IV6 AS ATIffiNEY.IN+ACI ,. ttE ATIORNEyIIIFACTS gGMruRE irlJSI BE NOTM]ZfD. t @RPO&qIESEAT MUSISE'A,iPRESSED OIV fiNS FoRMWIENIIE PRINCIPAL fr 7}€SUREry OR 8OTH, ARE A@RrcRANOI'I APPROVED AS TO SUREW & AMOUNT OF BONDED SUM: APPROVED AS TO FORM: ByBy Director of Public Works City Atlomey STATE OF CALIFORNIA COUNry OF On this day of BOND ACKNOWLEDGMENI FOR SURETY'S ATTORNEY-IN-FACT n_, SS 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 attomey in let of and acknowledged lo me that he/she subscnbed the name of lhereto as principal, and his/he own name as atlomey in fact. I certify under PENALTY OF PERJURY under the lau,s of lhe Slate of Califomia that he foregoing paragraph is true and mrect. Notary Public SEAL EXHIBIT 4 { INSUMNCE REQUIREMENTS 1.0 REQUIRED INSUMNCE POLICIES At its o\^m expense, Contmclor shall obtain, pay for, and maintain - and shall require eadr of its Subcontraclors to obtain and maintain - for trhe duration of the Agreement, policies of insurance meeting tfle lollowing requirements: A. Workers' Compensation/Employe/s Liability lnsurance shall provid€ uo*ers' compensation statutory benefits as required by law. '1. Employe/s Liabilig insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS ($1.000.000) per ffiident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1.000.0001 per employee for bodily iniury or disease; and (c) ONE MILLION DOLI-ARS ($1.000.000) pliry limit. B, Commercial General Liability ('CGL') (primary). Crty and its employees and agents shall be added as additional insureds, nol limiting overage for the additional insurcd to 'ongoing operatons' or in any way excluding mverage for mmpleted operations. Coverage shall apply on a primary, nonontribuling basis in relation lo any olher insurance or self-insuftmce, primary or excess, availaue to City or any employee, representative or agent of City. Coverage shall not be limited to the vicanous liability or supervisory ole ol any additional insured. Coverage shall conlain no contraclors' limitation or other endocement limitrng the scop of coverage for liability arising from explosion, collapse, or underground poperty damage. 1. CGL insurance must not be Mitten for less than lhe limits of liability specffied as follows: (a) ONE MILLION DOLLARS ($1.000.000) per occunence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ($1.000,000) per occunence for pesonal and advertisirE injury to any one person; (c) ONE MILLION DOLI-ARS ($1.000.000) pr occr.rnence for property damage; and (d) TWO MILLION DOLLARS ($2.m0.000) general aggregale limit. 2. CGL insurance must include all major divisions of coverage and must @ver: (a) Premises Operations (induding Explosion, Collape, and Underground fX,C,U'l coverages as applicable); (b) lndependentContractor'sProtective; (c) lndependentContractoc; (d) Producls and Completed Operations (maintain same limits as above untilfive (5) years after recodation of Notice of Completion) (e) Personal and Advertising lnjury (with Employe/s Liability Exclusion deleled); (f) Contractual Liability (including specified provision for Contraclo/s obligation under futicle '11 of the General Condilions); and (S) Boad Form Property Damage. 3. Umbrella or Excess Liability lnsurance (over primary), if provided, shall be at least as broad as any underlying mverage. Coverage shall be provided on a 'pay on behatf basis, with delense cosls payable in addition to policy limits. There shall be no cross liability exclusion and no mntracto/s limilatron endorsement. The policy shall have starting and ending dates conc nenl with the underlying coverages. The Named lnsured may determine the layenng of primary and excess liability insurance provided that if such layering differs from that described here, ltle rctual mverage program meets the minimum total required limits and complies with allother requiremenls listed here. C. Business Automobile Liabil y lnsurance 1. Business Automobile Liability lnsurance must cover all vehicles, whether rented, leased, hired, scheduled, owted or non{wned. lf Contractor does not own any vehides, this requirement may be satisfied by a non{wned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability lnsurance mverage amounts shall not be less than he following: (a) ONE M|LL|ON DOL|ARS ($1.000.m0) per occtnence for bodily injury (including accftiental death) to any one person; and (b) ONE M|LL|ON DOLLARS ($1.000.000) per occrnence for poperty damage; or (c) ONE MILLION DOLLARS ($1.000.000) combined single limit. D. Contractors Pollution Liability lnsurance (CPL) 1 . Contractor or Subontraclor shall obtain, pay for, and mainlain for th€ duratton of the Contract Contracto6 Pollution Liability insurance that pmvides coverage for liability caused by pollution condilions arising out of the operations ol the Contraclor. Coverage shall be included on behalf of the insured for covered claims arising oul of the rclions of independent mntraclors. lf the insured rs using Subcontraclors, the policy must include r^ork performed "by or on behalf of the insured. 2, The policy limit shall provide coverage ol no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; pmperty damage, including loss of use of damaged property or of pmperty thal has not been physically inured; cleanup costsi and costs of defense, induding costs and expenses incuned in the invesligalion, defense, or settlement of claims. 3. All activities conlemplaled in the contract shall be specifically scheduled on the CPL policy as 'covered opeft ions." ln addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, induding non{wned disposal sites. 4. The policy shall specifically povirle for a duty to defend on the parl of the insurer. City, its officers, employees and agenls shall be added to the policy as additional insureds by endorsement. E. Buildei s Risk lnsucnce 1. Builde/s Risk lnsurance covering all real and personal poperty for'all risks' of loss or 'comprehensive perils' coverage induding but not limited to he prils of earlh movement including earthquake and flood for all buildings, struc{ures, 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 ol such pmperties. Coverage shall be included for property of others in the carc, custody or contml of the insured for which any insured may be liable. The City will purchase a builde/s risk policy for the Pro,ecl instead of a contmctor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERALREQUIREMENTS-+LLPOLICIES A. Qualifications of lnsurer. At all times during the term of this Contract, Contraclo/s insurance company must meet all of the following requirements: 1. 'Admitted' insurer by the Stale of Califomia Department of lnsurance or be listed on the Calilomia Deparlment of lnsurance's "List of Surplus Line lnsurers' ('LESL|"); 2. Domiciled within, and organized under the larvs of, a State of the United States; and 3. Carry an A.M. Best & Company minimum rating ol 'A:Vll'. B. Continuation Coverage. For insurance coverages that are Equired to remain in force afler the Final Payment, and if reasonably available, Conkactor shall submil to City, with the linal Application for Payment, all certmcales and additional insured endorsements evidencing the continuation of such mverage. C. Deduc{ibles or Self-lnsured Retentions. All deduclibles or self-insured retentions are subject lo City's review and approval, in its sole discretion. D. Commercial General Liability and Business Automotile insurance policies must be Mitlen on an 'occurence' basis and must add the City ol Vemon and its officers, agents, employees and representatives as additional insureds. E. Contractor's lnsurance Primary, Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available lo City, or its representalives, or both, is excess over Contracto/s insurance. City's insurance, or self-insurance, or both, will not contribute with Contracto/s insurance policy. F. Waiver of Subrogation. Contractor and Contracto/s insurance @mpany waive- and shall nol exercise- any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or bolh. G. Separation of lnsureds. Contracto/s insurance policy applies separately to each insured or additional insured who is seeking coverage, or againsl whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insuran@ @mpany's limils of liability. H. Claims by Other lnsureds. Contraclor's insurance policy apdies to a claim orsuit brought by an additional insured againsl a Named lnsued or other insured, arising out of bodily injury, personal iniury, advertising injury, or property damage. L Premiums. City is nol liable for a premium payment or another expense under Contracto/s policy J, At any time dunng the duration of this Contract, City may do any one or more of the following: 1. Review lhis Agreement's insurance @verage requirements; 2. Require thal Contraclor obtain, pay for, and maintain more insurance depending on City's assessmenl of any one or more ol the following factors: (a) City's risk ol liability or exposure arising out of, or in any way connected wilh, the services of Contractor under this Agreement; (b) The nature or number of accidents, claims, or lau/suits ansing oul of, or in any way connected with, lhe services of Contractor under lhis Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage. 3. obiain, pay for, or maintain a bond (as a replacement lor an insurance coverage) lom a Calilomia corporate surety, guaranteeing payment to City for liability, or costs, or both, thal City incurs during City's investigalion, administration, or defense of a claim or a suit arising out ol this Agreement; or K. Conlractor shall maintain the insurance policy without intenuption, from lhe Project's commencement dale to lhe Final Paymenl date, or until a date that City specifies for any coverage that Conkactor must maintaln after the Final Payment. L. Conlractor shall nol allow any insurance to expire, cancel, lerminate, lapse, or non-renew, Contracto/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 mverage and ten (10)days before its insurance policy's expiration, cancellation, lermination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contracto/s insurance policy has been renewed or replaced wth another insurance policy which, dunng the duration of this Agreement, meets all of this Agreement's insurance requirements, M. At any time, upon City's request, Contractor shall fumish satisfactory proof of each type of insurance mverage required- including a certified copy of the insuftmce policy or policies; certificates, endorsements, renewals, or replacementsj and documents compnsing Contraclo/s selfinsurance prograrn- all in a form and content acceptable to the City Anomey or City's Risk Manager. N. lf Contractor hires, employs, or uses one or more Subcontracto(s) to perform work, services, operations, or activities on Contracto/s behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement's insurance requirementsi and 2. Fumishes City at any time upon its request, with a complete copy ol the Subcontracto/s insurance policy or policies for City's review, or approval, or both. Failure of City to request copies of sudr documents shall not impose any liability on City, or ils employees. O. Conkactor's failure to mmply with an insurance provision in lhis 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 wilhout waiving any other rights it may have pursuant to law, City has the righl bul 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 lo 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 CONTMCTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTSA. Contractor shall have its insurance canie(s) or setf-insurance administcto(s) complete and execute the following insurance documenis and shall deliver said documents at the same time Contraclor delivers this Agreement to City. City will neither sign this Agreement nor issue a 'Notice to Proceed' until he City Attomey or City's Risk Manager has reviewed and appoved all insurance documents. City's decision as to the acceptabilrty of all insurance documents is final. Sample insurance documents in the City's app'roved format are set forth in this 4. B, Required Submittals for Commercial General Liability and Business Automobile lnsurance and Contraclo/s Pollution Lialility lnsurance. The following submittals must be on forms satisfaclory to the City Attomey or Cit/s Risk Manager, and signed by the insurance canier or its authorized represenlative - which fully meet the requirements of, and contain provisions entirely consislent with, all of the insurance requirements set forth herein. 1. "Ce ficate of lnsurance'2. "AdditionallnsuredEndorsement'3. Subrogation Endorsement: 'Waiver of Transfer lo Rights of Remver Against others' Bolh Cerlificates of lnsurance and Addrtional lnsured Endorsements must read as follo\,!,s: 'The City of Vemon, and its offcers, agents, employees and representatives are induded as additional insureds under the policy(s). This insurance is pnmary to all other insurance of the City. The Cit/s insurance and self-insurance will apply in excess of, and will nol mnlribute with this insurance. This insurance applies separately to erch insured or additional insured wtro is seeking coverage, or against whom a claim is made or a suit is bought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, terminalion, non-renewal, or reduclion in coverage.' C. Required Submittals for Workers' Compensation lnsurance. Contractor shall provide City with a certificale of insurance and a subrogation endorsement on forms satisfactory to the City Attomey or City's Risk Manager, and signed by the insurance camer or its authorized representative - which fully meet the requirements of, and contain provisions entirely mnsistent with, this Contract's workers compensation insurance requirements. lf Contractor is setf-insured for \ orkers' compensation, a copy of the 'Certificate of Coflsent to Self-insure' from the State of California is required; or if Contractor is lawfully exempt from workers' compensation laws, an "Affirmation ol Exemplion lrom Labor Code 53700" lorm is required. D, Required Evidence of Builde/s Risk Coverage. City will provide a certilicate ol insurance and a declaralions page on a form satisfactory to the City Attomey or Cit/s Risk Manager, and signed by lhe insurance canier or its aulhorized representalive, The policy terms must fully rneet the requirements of, and contain povisions entirely consistenl with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on lhe insurance policy for the full replacement value of all buildings, structures, fixtures and malerials to be constructed, maintained, repaired or supplied pursuant to this Contract. E. Conlractor agrees to monitor and review all such coverage and assumes all responsibility for ensunng that all required mverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Conlractor agrees to povide immediate notice to City of any claim or loss against Contraclor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notrce, but has the right (but not the duty) lo monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any povision or definitron that lrould serve to eliminate so-called'third party ac{ion ovea daims, including any exclusion for bodily injury to an employee of the insupd or of any mnlractor or subcontractor. H. Any "setfinsured retentron" must be declared and approved by City. City reserves the right to require the self-insured retenlion to be eliminated or replaced by a deductible. Self-funding, policy ftonting or other medranisms to avoid risk transfer arc nol acceplable. lf Contractor has such a program, Contretor must fully disclose such program to City EXHIBIT 5 Statement of Intent to Complv with Minimum Reouirements of the Stormwater Permit CITY OF VERNON PUBLIC WORKS DEPARTMENT Construction Stormwater Program Permit Number: Applicant:Phone: Project Address: Property Owner: Contractor: Contractor's Address: 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 C-ontrol Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requiremenb 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 sedlment 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: > Prevents illicit construction-related discharges of pollutants into the MS4 and recelving waters.> Implements and maintains structural and non-structural BMPS to reduce pollutants in stormwater runoff from construction sites. )> Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable.> 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 maintalned 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:Print Name: Property Owner: EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT PCC AND ASPHALT PAVEMENT RECONSTRUCTION FOR FIRE STATIONS 76 AND 78 CONTRACTNO. CS.O9IO GENERAL B-1.01 Scooe of Work - This project consists of removal and reconstruction of existing PCC, driveway approaches, asphalt pavement, sidewalk, longitudinal gutter, ADA Ramps, cold plane existing asphalt 3-6 inches and pave back with new asphalt concrete paving, Class B-PC-70-10 at Fire Stations 76 and 78. All work will be done per the 2015 edition of the Standard Specifications for Public Works Construction and its supplements (herein referred to as the STANDARD SPECIFICATIONS). B-1.02 Contract Plans - The details and the exact limits for the asphalt and concrete work in this project are shown on Attachment "A" and Attachment "8", incorporated into these special provisions. B-1.03 Specifications - lnstallation and payment for all the work shall conform to the STANDARD SPECIFICATIONS, the Standard Plans for Public Works Construction (2015 Edition), Caltrans Srandard Plans, Caltrans Standard Specifications, the City ofVemon Standard Plans. and these Special Provisions. B-1.04 Lensth of Contract - All work in this project shall be completed within 45 (forty-five) calendar days as specified in the Bidder's Proposal. B-1.05 Delavs and Extensions of Time - The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the STANDARD SPECIFICATIONS shall apply except as modified and supplemented below. The second paragraph of subsection 6-6. I 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. cs-0910 1of 11 EXHIBIT B -SPECIAL PROVISIONS B-l.06Oualityof Work- The provisions of Section4-I.I entitled "Materials and Workmanship" of the STANDARD SPECIFICATIONS shall apply. ln 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. B-1.07 Liouidated Damaees - In accordance with Section 6-9 of the STANDARD SPECIFICATIONS, 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 ofthe STANDARD SPECIFICATIONS and these Special Provisions, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1.500.00. B- l .08 Unit Prices - All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. 8-2.01 Schedulins 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 ofthe work. 8-2.02 Construction Hours- Work shall occur Monday thru Friday between the hours of 7 a.m.-4 p.m,, except for the restriction shown below. The type of work will have time restrictions as follows: Lane closures on Soto Street (Fire Station No. 78) shall occur between the hours of 9:00 a.m. to 2:30 p.m. B-3.01 Traffic Requirements - General - Belore any partial or total closure of any street, the Contractor shall be required to obtain the approval ofthe City Engineer. The Contractor shall comply with Section 7-10 of the STANDARD SPECIFICATIONS and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the Califomia Manual of Uniform Traffic Control Devices or as required by the City Engineer to insure safe passage of traffic. In addition to the requirements of the Califomia Manual of Uniform Traflic Control Devices, the City Engineer may require flatter tralTic tapers, additional traffic control devices, barricading. and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type II or Type lll barricades and delineators at locations as determined by the City Engineer. cs-0910 2ol 10 EXHIBIT B -SPECIAL PROVISIONS The Contractor shall maintain continuous access to all businesses within the project limits. Any closed access or drive approach shall be immediately restored when the construction operation that necessitated such closure is completed. The following is a partial list of factors required to comply with this access requirement: a. Where a business or residence has more than one two-way drive, continuous access to at least one two-way drive shall be maintained at all times. b. A business or residence that has a drive approach that is at least 40 feet wide shall be poured in halves in order to maintain continuous access unless otherwise approved by the City Engineer. c. In addition to the above, the Contractor shall be required to construct temporary ramps at excavated areas and utilize other construction methods such as temporarily backfilling areas and surfacing with temporary A.C. paving, in order to comply with the requirements ofcontinuous access unless otherwise directed by the City Engineer. 8-3.02 Traffic Requirements - Specific for this Project - In addition to the general specific requirements of Section B -3.01 of these Specifications, the following provisions shall apply unless otherwise directed by the City Engineer. a. Construction hours shall be per Section 8-2.02. During other work hours, the Contractor shall maintain all existing traffic lanes during the hours of 7a.m. - Ea.m. and 4p.m - 6p.m. each day. During the hours of 9a.m. - 4p.m., the Contractor may close the area adjacent to the proposed construction only ifthe street has more than one through lane of traffic in each direction and one through lane in each direction can be maintained unless otherwise specified in the contract provisions. b. The Contractor shall submit traflic channelization and detour plans to the City Engineer for approval at least (10) ten working days prior to commencement of work. During the weekend work associated with the grinding and paving, one lane in each direction must remain open at all times. c. The posting of "NO PARKING" signs within the construction Iimits is permitted with the approval of the City Engineer. 'NO PARKING" signs shall contain a 'TOW AWAY" waming. These signs shall be fumished and maintained by the Contractor and shall be ofthe type approved by the City Engineer. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City Engineer, and not handwritten. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for cs-0910 3of10 EXHIBIT B -SPECIAL PROVISIONS no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in a timely manner, the City Engineer may suspend all work until signage requirement is corrected. All signs, lights, and other waming devices used shall be in accordance with the Califomia Manual of Uniform Traffic Control Devices. d. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of fumishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. 8-4.01 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: l. Labor 33o/o 2. Materials l5o/o 3. Equipment Rental l5o/o 4. Other ltems and Expenditures l5o/o b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum ofthe extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of l0-percent on the first $5,000 ofextra work and 5-percent on work in excess of $5,000 may be added by the Contractor. 8-4.02 Compliance with Laws. Reeulations. 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 govemmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance ofthe 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 ofthe adequacy ofthe Contractor's safety measures in or near the job site. 8-4.03 Notification of l-flected 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. cs-09'10 4 of 10 EXHIBIT B -SPECIAL PROVISIONS 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 take place five (5) working days prior to the beginning of construction operations in the immediate vicinity. Contractor costs for all of the above notifications shall be considered as included in the appropriate items ofthe Bid Proposal. B-4.04 Notification of Utilities - The provisions of Section 5 entitled "Utilities" of the STANDARD SPECIFICATIONS shall apply. The Contractor shall contact the Underground Service Alert of Southem Califomia (U.S.A.) at least two working days in advance of the construction work. ll-5.01 Noise Restrictions - The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: l. From 7:00 am to 4:00 pm, Monday through Friday 2. From 7:00 am to 4:00 pm on Saturday and Sunday In addition, 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. 8-6.01 Construction Order of Work - Work shall be scheduled so as to lessen the impact upon businesses. Requirements - General: l. All construction shall conform to Sections 6-l and 6-2 of the STANDARD SPECIFICATIONS and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is staned in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City Engineer before the next stage ofwork will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment lrom 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. The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City Engineer to close either such access or drive approach. cs-09'10 5 of '10 EXHIBIT B -SPECIAL PROVISIONS 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. B-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, demanding complete and satisfactory compliance with the Contract. B-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. 8-8.02 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. 8-8.03 Dust Control - Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning. sweeping and sprinkling water, 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 or extension of contract completion time will be allowed as a result of such suspension. The cost of fumishing 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. 8-8.04 Temporarv Water Meter - lf necessary, the Contractor shall obtain a temporary water meter from the City of Vemon Water Department by placing a deposit of $ I 000.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vemon Water Department to relocate the service and will be charged $50.00 for each relocation. 8-8.05 Cleanine of Site Durine Construction - During construction, all existing improvements adjacent to the work area shall be swept free from grindings, gravel, dirt or debris on a daily basis. The Contractor will be responsible for such cleaning. 8-8.06 Final Cleanins of Site and Restoration - The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements including but not limited to sidewalks, driveways, curb and gutter, and pdyAlg property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of fumishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. cs-0910 6of10 EXHIBIT B -SPECIAL PROVISIONS B-9.01 Best Manaeement Practices (BMP's) - The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten ( l0) days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the STANDARD SPECIFICATIONS, Section 7-E.6.2, "Best Management Practices (BMPs)" are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP's as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. B-10.01 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 lile 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. Ifthe 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 fumished as, in the opinion ofthe City Engineer, may seem reasonable and necessary. The cost and expense ofall repairs (including labor and materials) as are deemed necessary, shall be bome by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. B- l l.0l Material Subminals -The Contractor shall provide all required submittals including, but not limited to. shop drawings, materials, and mix designs to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. B-12.01 Unclassified Excavation - This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing concrete sidewalk, curb and gutter, driveway, aggregate base, soil etc., as shown on the plan and shall be paid according to the unclassified excavation contract bid item unit price. Cost for unclassified fill if any, re.grading and re.compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefore. Additionally, the disposal of the asphalt concrete pavement as a result of the cold planing shall not be considered as unclassified excavation. B- I 2.02 Saw-cunine - A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and drive apron to be removed. All work shall cs-0910 7of10 EXHIBIT B -SPECIAL PROVISIONS conform to applicable provisions of the Standard Specifications. Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the bid prices ofthe various related items as specified in the Bidder's Proposal and no additional payment for this work shall be made therefor. The residue resulting from the saw-cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation. See Section I- 2.04. I of these Specifications for NPDES requirements. B-13.01 Concrete lmprovement - General - The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps, driveways, sidewalks, longitudinal gutters according to the City of Vemon Plans. All concrete work shall be formed according to City of Vemon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The cost for construction of the depressed concrete gutter for driveways and curb ramps, soil backfill, re-compaction, and removal & repaving ofthe 2'wide by asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. B-13.02 Concrete Curb Ramp (Handicap Access) - The concrete curb (handicap access) ramp including truncated dome and depressed gutter shall be constructed according to the Revised Caltrans Standard Plan RSP A88A. The ramp shall be poured monolithically with depressed gutter which has 0" (zero inch) lip. Unless otherwise indicated on plans, remove a 2'wide by l3" deep section of pavement (asphalt, concrete, base) along the edge of existing gufter, re- compact base or sub-grade and repave with I l" thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. The proposed curb (handicap access) ramps shown on plans are diagrammatical. The City shall mark the limit of work in the field for each street comer involved, and the Contractor shall field measure (verify) the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, disposal and relocation ofthe existing sidewalk curb pipes, utility, trallic/street related poles and boxes. The cost of the truncated dome, depressed gutter and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no extra compensation will be paid to the Contractor. B-13.03 Truncated Domes - Curb ramp and walkway detectable waming surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable waming surface shall be prefabricated, cast-in-place and/or glue down on the surface of the curb ramp or walkway. The color of the detectable waming surface shall be yellow conforming to Federal Standard 5958, Color No. 33538. Prefabricated detectable waming surface shall be in conformance with the requirements established by the Depa(ment of Ceneral Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations. Cast-in-place and/or glue down cs.0910 8of10 EXHIBIT B .SPECIAL PROVISIONS detectable waming surfaces shall be painted in conformance with the provisions in Section 59-6, "Painting Concrete," of the Caltrans Standard Specifications. The finished surfaces of the detectable waming surface shall be free from blemishes. The cost of installing truncated domes on concrete walkways and existing concrete curb ramps shall be paid by the bid item unit price. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no extra compensation will be paid to the Contractor. The manufacturer shall provide a written S-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. B-13.04 Concrete Sidewalk - The 3.5" thick concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Sawcut and remove existing concrete, asphalt concrete, and/or soil to nearest score line. Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. B-13.05 Concrete Curb and Gutter- Concrete curb & gutter shall be constructed according to the plans and City of Vemon Standard Plan No. PV582 including 6" thick Crushed Miscellaneous base (CMB). The concrete curb face shall be 8" to 10" high and the gutter shall be 12" to 16" wide to join the existing. New concrete curb & gutter shall be doweled with #4 rebar into existing concrete curb & gutter when length is less than 25'. Unless otherwise indicated on plans, remove a 2' wide by 13" deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with ll" thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. The cost for the removal & repaving of the 2'wide asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. See Section B-15.09, Concrete Cap on Existing Gutter for specifications on new concrete cap on existing gutter. B-13.06 Concrete Driveway - The proposed concrete driveways shall be constructed according to the City of Vemon Standard Plan No. PV693. New concrete driveway should be doweled with #4 rebar into existing at 12" O.C. when length is less than 25' or when plans specify the construction of the driveway in two pieces. Unless otherwise indicated on plans, remove a 2' wide by 13" deep section ofpavement (asphalt, concrete, base) along the edge ofexisting gutter, re-compact base or sub-grade and repave with ll" thick asphalt concrete pavement to 2" below edge of guner to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. 5' long sidewalk adjacent to both sides of new driveway shall be constructed as 8" thick sidewalk and shall be paid by square feet as a driveway bid item. B-13.07 Portland Cement Concrete Pavement (PCC) - The PCC pavement shall be 8" thick with #4 bars at l2" O.C. in both directions over 6" compacted (95% Relative) crushed miscellaneous base. Concrete mix shall be 560-C-3250. cs-0910 9 of 10 EXHIBIT B .SPECIAL PROVISIONS Portland Cement Concrete Pavement Slab shall be placed by the use of a tube roller self,- propelled paving machine. The paving machine and related apparatus shall be approved by the City Engineer prior to the start of the operation. B-13.08 Concrete Joints All expansionjoints shall be no more than l5 feet and per Engineer's direction. B-13.09 PCC Longitudinal Gutter - The longitudinal gutter construction shall conform to SPPWC Standard Plan 122-2, 2012 Edition, and details on the Plans. The flowline of the gutter shall be troweled smooth for a width of approximately four (4) inches on either side of the flowline. The outer edges ofthe gutter shall be rounded to a radius of % inch. The Gufter shall be constructed over 6 inches of CMB. B-14.01 Cold Planing_- Grind areas will be uniformed cold planed, 4 inches or 6 inches deep, and paved back with new asphalt concrete paving, Class B-PG 70-10, per the Standard Specifications for Public Works Construction. B-l5.01 New Asphalt Concrete Paving - Asphalt concrete paving material for this project shall be Class B-PG 70-10 per the STANDARD SPECIFICATIONS. B-16.01 New Asphalt Concrete Pavine - Material - Asphalt concrete base paving material for this project shall be Class B-PG 70-10 per the Standard Specifications for Public Works Construction. The Contractor shall inform the City of the name and location of the asphalt plant thar will fumish asphalt concrete to the job site. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. No traflic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. No asphalt trucks shall utilize existing driveways or newly placed concrete for tum around. Contractor shall remove all tracked asphalt materials from concrete surfaces. B-16.02 Tack Coat Aoolication - A tack coat of SS-l h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. areas and final 2" thick overlay pavement areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of fumishing and applying tack coat SS-lh must be included in the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration. cs-0910 10 of '10 ATTACHMENT'B' STATION #76 , I-- -: lE.rA == I ATTACHMENT'A' STATION #78 e vern o n Del)r S Ilnl L=l EXHIBIT C LIVING WAGE PROVISIONS Minimum Lrvino Waoes: A requirement lhat Employers pay qualifying employees a wage of no less than $10.30 per hour wilh health benefits, or $11.55 per hour without health benefits. Paid and Unoaid oavs Off: Employers provide qualifying employees al least twelve compensaled days off per year for sick leave, vacation, or personal necessity, and an additional len days a year of uncompensaled lime for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to lhe City with regard to the employe/s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an emdoyer tor back pay, treble damages for wiltful violations, and attorney's fees, or to mmpel City officials to terminate the service contract ol violating employers. D EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor cerl ies and represents that, during the performance of his Agreemenl, the contractor and eadt subontractor shall adhere lo 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, nalional origin, ancestry, handicap, sex, orage. Contractor fu(her certilies that it will not maintain any segregaled facilities. Contraclor agrees that it shall, in all solicitations or advertisements for applicants for employmenl placed by or on behatl ol Contractor, state that it is an 'Equal Opporlunity Employer'or that all qualified applicants will receive consideration for employment without regard to lheir race, religious creed, color, nalional ongin, 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 prolected class. Contractor agrees to provide lhe City with access to, and, if requesled 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 e(ent such records or porlions of such records are confidential or privileged under state or federal law. Nolhing mntained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. EXHIBIT E CITY STANDARD PLANS SPECIFIC FOR THIS PROJECT CASEI-PLANVIEW SEE PARKWAY WOTH TAALE FOR APPROPRIATE CASE PROPERTY SEE NOTE IO 11.52 MAx CASEl_SECTIONAA URB AND GUTTER\or coup^clo,r ,M,B SEE NOIE 2OF I{ATIVE SOIL PARKWAY WIDTH TABLE TO STANDARD DRIVEWAY STANDARD PLAN PV 693 PAGE 1 OF 2 cfi e vtnr.o.. carjhaa llJq.ETOEG, r rE a O6/EOPTOC SA!rcESrErr .it 20!6 MAX,\ PARKWAY WIDTH Y 6" CURB 8" CURB O" CURB LESS THAN E'REFER TO CASE 2 I 4.2"6.2' I 14-34'5.4' 10'o.7-2.7'1.7' 11 00 1.9'39' 't2 00 1.2' t-i CASE 1 _ ELEVATION nl NOT TO SCALE -tqJ ! -/_ _ _ _8..!l_r,,AI_ SEE NOTI SEE NOTE CASE2_PLANVIEW SEE THE IASLE ON PAGE 1 OF 2 FOR APPROPRIATE CASE P.uz | 1 .sz MAx EO6E OF l.A CASE 2 _ ELEVATION NOTE 4 RETAININC CURB IF NEEDEO SEE NOTE 10 CURB IF NEEOEO TC CURE FACE NOT TO SCALE CURE ANO GUITER. 6- OF C.M.8 SHAIL 8E PITCEO UNDER THE DRIVEIYAY, CURB AND GUTIER.J. AI}JACEMT SIOE] AU(S 5. ON EIIHER ANO OF DRTVEWAY SH^II BE POUREO 6' THICK4. IO. OIA PIPE BARRIER UIN. SCXEOULE JO PER CMY STD. V2I22 SHALL BE INSTA]-]-EO AS NEEOED TO PROIECT IMPROVEI'ENTS.5. ALL CONCRETE SMLL BE ONE COURSE. STEEL TROYIEL & MEOIUM tl^IR BROOX RNISH. NO TOPPING PERMrrTEO.6. ORTVA{AYS TTAY BE OPENED TO TRAFIiIC: A" IN 46 HOURS WIH HIGH SIRENGTH CEMEMTB. rN 5 oAyS Wmi Sr^l{oARD CLASS 520-C-25d) MrX.7. ENOS OF ORIVEWAYS IO BE NOT L€SS T}iIN 5, FROM NEAREST FIRE IM)MNT. MEIER BOX OR VALVE ANO 12. FROM UNLfi POLE,L l' D(paNsroN JorNT FELT sMrr BE pr.AcEo ALoNG THE rx.9. oRTVEWAY ENTRAJ{CE WoTH (y{) SHAU- BE:A 25'MIN FOR NON.TRUCK USE. B. 'O' MIN FOR fRUCK USE. ro. Jo' coNcRErE oR MAsoNRy wall pER sID. v2122 oR VARUEI.E HACHT CURB IF YJROUGHT IRON FENCE OR I.AN OSCAPING IS INSTALLEO, Y=ELEV. DROP ON PRIVATE PROPERTY Y=1" LESS THAN CURB HEIGHT CASE2_SECTIONAA I,5: MAI STANDARD DRIVEWAYqll of vFor, crufwr.FJeiG, tl^rE t oEvEJm.OlI Sahrce;iErxtY 2t ta CURB AND GUTTER SEE NOIE 2 STANDARD PLAN PV 693 PAGE 2 OF 2 SIOEWALK TRANS|TION 7.52 tr X sroEw^Lx TR^NsmoN r. usE cr^Ss 520-c-2500 CEMEMT CONCREIE2 ORIVEWAY APRON SHAI-L BE POUREO MONOLITHIC}LLY IVITH CURB AND GUTTER 1. WEAKENEO PLANE JOINTS SHALL BE USED AT REGULAR INTERVALS 10 FEET IN WALKS AND 20 FEET IN CURB AND GUTTERS 2. /T" EXPANSION JOINT FELT SHALL BE PLACED AT 60, INTERVALS IN CURB, GUTTER AND WALK, AT THE BCR AND ECR, AT DRIVEWAYS, AND AROUND UTILITY POLES IN SIDEWALK AREAS. SIDEWALK AND CURB JOINTS SHALL BE ALIGNED. 3. ALL CONCRETE WORK SHALL BE ONE COURSE. NO TOPPING PERMITTED. 4. MATCH JOINT LINES WHEN REPLACING EXISTING SIDEWALK. 5. CURB FACE SHALL BE A STEEL TROWEL ANO FINE HAIR BROOM FINISH. 6. FLOWLINE OF THE GUTTER SHALL HAVE A 4" SHINER. 7. ALL GUTTERS SHALL BE 2' UNLESS APPROVED BY CITY ENGINEER 8. REMOVE A 2' \IVIDE BY 14, SECTION OF PAVEMENT ALONG THE EOGE OF THE EXISTING GUTTER. RE-COMPACT BASE OR SUB-GRADE ANO CONSTRUCT E" AC OVER 6" CMB. ASPHALT SHALL BE FLUSH WITH GUTTER. STANDARD SIDEWALK, CURB, AND GUTTER CITY OF VERNON, CALIFORNIA PUBLIC WORKS DEPARTMENT MAY 2017 PV 582 CURB STREET SLOPE LESS THAN ,tZ GUTIER TRANS]TIOI{ PROPERTY UNE rmrl. cfIius f (50 '|ln) STREET SLOPE 1Z OR GREATER SECTION A_A SECTION B_B SECTION C-C SECTION D_D GUTTER STREET SLOPE MORE THAN 4Z STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION CROSS AND LONGIruDINAL GUTTERS IIIAKENED PLANE JOINTS PER NOIES 1 AND 2 TYPICAL JOINT PLAN WEAKENED PLANE JOINT ORPNONAL CONTACT JOINTPNONAL CONTACT JOIi PER NOIES 1. 2 ANO J E:/_ JONI NEEOEO TI+IENlv - ,16' (14 m) m uoRE mm)CROSS GUTIER WEAKENED PLANE JONTS PER NOIES I AND 2 -- 3' (1500 rrvn) TYP GUT'IER NOTES: 1. '/TEAKENED PLANE AND,/OR CONTACT JOINTS SHALL BE PLACED lN CURB ANo GUTTER AT LOCATIONS. SHOIY}I ON IHE TYPICAL JOINT PLAN HEREON. 2. WEAKENED PLANE JOINTS SHALL BE PLASNC CONIROL JOINTS OR 1-1/2"(,t0 mm) DEEP SAw CUTS. CoNCREIE SAUNG SI'IALL TAKE PLACE wlTHlN)4 HoU(S AFIER CONCRETE IS PLACED. 5. OOr/r€LS FOR CONTACT JOINTS SHALL BE #4 BARS '18' LoNG (#15M BARS ,t50 mm LONG). 4.PLACE A WEAKENED PLANE OR CONTACT JOINT WHERE LONGITUOINAL ALLEY GUTTER JOINS CONCRETE ALLEY INTERSECI'ION, ALL EXPOSED CORNERS ON PCC GUTIERS SHALL BE ROUNDED Vf|'fti 1/2" (15 mm) RADtus. CONCRETE SHALL BE IN]EGRAL WITI CURB UNLESS O]HERV SE SPECIFIED.6. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION CROSS AND LONGITUDINAL GUTTERS for PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Contract CS-0910 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., Thursday, March 8,2018, by the City Clerk, City ofVernon,4305 Santa Fe Avenue, Vernon, CA 90058, C'Bid Deadline"). All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title ofthe 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 ofthe Bid Documents, Plans and Specifications are available at no charge at the Public Works Department Counter, City of Vemon,4305 Santa Fe Avenue, Vernon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested by calling (323) 583-8811. Mandatory Pre-Bid Meeting: A mandatory pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for Tuesday, February 27,2018 at l0:00 a.m. in the Public Works Department,4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans, specifications and to become familiar with the project site(s). Attendance is mandatory. Cirl* of Vernon Contact Person:Public Works Department Attention: Vince Rodriguez Phone: (323) 583-881 | ext.220 Emai I : vrodriguez@ci.vemon.ca.us Mandator)' Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive ifthe Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall fumish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Contractor shall 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: Removal and reconstruction ofexisting PCC, curb and gufter, driveway approaches, asphalt pavement, sidewalk, longitudinal gutter, and ADA Ramps at Fire Stations 76 and78. The work shall be done in accordance with Contract No.09l0 "Greenbook" Standard Specifications for Public Works Construction (2015 Edition), Sute of Califomia, Department of Transportation (Caltrans) Standard Plans (2010 Edition) and the State of Califomia Department of Transportation (Caltrans) Standard Specifications (2010 Edition). In the event ofany conflicts, refer to the Procedure ofContract Documents" contained in General Conditions, Section l l0. 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. Aspartof the Bidder's Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least (3) prevailing wage public contracts in Califomia; each comparable in scope and scale to this Project, within 2) years prior to the Bid Deadline and with a dollar value in excess ofthe Bid submitted for this Project. Other Bidding Information: l. Contract Time: This Work must be completed within 45 calendar days from the date of commencement as established by the City's written Notice to Proceed. 2. lntentionally omitted. 3. Intentionally omitted. 4. Intentionallyomitted. 5. Biddine Documents. Bids must be made on the Proposal Form contained herein. 6. Eneineer's Estimate. An Engineer's Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $1,200.000.00 to $1,300,000.00 8. Acceotance or Reiection of Bids. The Chy reserves the right to reject any and all bids, to award all or any individual part/item ofthe 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 perlormance of the Work. including full completion of all corrective work during the Correction Period, Contractor must possess a Califomia contractor's license or licenses, current and active, ofthe 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 A, General Engineering Contractor License from the Califomia State License Board. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all ofthe required licenses, or one or more ofthe licenses are not current and active. If the City discovers at the time ofthe Bid Deadline that Contractor is unlicensed, does not have all ofthe required licenses, or one or more ofthe 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 ofthe remedies in the Contract Documents in addition to those provided by law. 10. Subcontractors' Licenses and Listins. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all ofthe Subcontractor information that Section 4104 requires (name, address, license number, and portion ofthe 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 ofeach Subcontractor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualification ofa Subcontractor does not disqualiry a Bidder. In such case, prior to and as a condition to award ofthe Contract, the successlul Bidder shall substitute a properly licensed and qualified Subcontractor- u'ithout an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance ofthe 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. ll. Authorizations. Contractor shall apply for NO-FEE Permits. Contractor shall coordinate with the City for all required permits 12. Bid Forms and Securitv: 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 amountof the Bid. Altematively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent ( I 0%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, with in fifteen ( I 5) 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 lrrevocabilitv. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to Califomia Public Contract Code Section 22300. substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailins Waees. This Project is a "public work" as defined in Califomia Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors ofany tier shall notpay less than the minimum prevailing rate ofper diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations ofthe State of Califomia, pursuant to the Califomia Labor Code, and the rates determined by the Califomia Director of Industrial Relations are available online at s u rr .dir.ca. qor lD L SR/P\\ D'. 16. Pavroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall fumish electronic certified payroll records directly to the Labor Commissioner (aka Division ofLabor Standards Enforcement). I 7. Reeistration with the Deoartment 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 ofany 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 l77l.l(a)1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless curently registered and qualified (including payment ofany required fee) with the DIR pursuant to Labor Code section | 725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator (Approved as to form by City Attomey) Published: Dated: City of Vernon Instructions for Bidders Project: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and78 Contract CS-0910 for the Department Public Works City personnel with whom prospective bidders will deal with are: Vince Rodriguez, Public Works Project Coordinator, Department of Public Works,4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext.220. Bid opening date and time: 2:00 p.m., Thursday, March 8,2018 C'Bid Deadline") Bids will be received and opened at the Office of the City Clerk,4305 Santa Fe Avenue, Vernon, cA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REOUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening. but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. I. CONTRACTORSLICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time ofthe 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 ofthe 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 thereofto 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 ( I 0) 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. l. Any interpretation or correction will be made only by Addendum issued by the City and a copy ofsuch Addendum will be delivered to all Interested Bidders ofrecord. Any Addenda so issued must be acknowledged in the Bid and the cosr of performing Work described in the Addenda shall be included in the Bid. Bidder's failure to acknowledge receipt ofall Addenda may result in rejection ofthe 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 ofthe 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. 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 ("lnterested Bidders"). Only Interested Bidders will receive Addenda, if so issued. BID FORMS - SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. lnclude all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS 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 Clerk, City of Vemon,4305 Santa Fe Avenue, Vemon, CA 90058. 4. 5. E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. BID FORMS - AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code ofthe 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 panners. 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: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. BID FORMS - SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost ofall 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 altemates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. ll 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 ofa unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for 6. 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 ofdiscrepancy between the two, the amount written in words shall govem. D. All requested Altemates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Altemates, if any. If no change in the Base Bid is required, enter "No Change." 7. BIDSECURITY C. Each Bid shall be accompanied by cash or a cashier's check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a Califomia admitted surety company (as defined by Califomia Code of Civil Procedure $$995.120 and 995.31l) as surety ("Bid Security"). All bonds must be issued by a Califomia admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A:VI|" or better. Bonds issued by a Califomia admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued lrom admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in Califomia Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attomey from the surety company authorizing the person executing the bond to sign on behalfofthe company. lfthe bonds are executed outside the State of Califomia, all copies of the bonds must be countersigned by a Califomia representative ofthe surety. The signature of the person executing the bond on behalfofSurety must be acknowledged by a Notary Public as the signature ofthe person designated in the power of attomey. Bid Security shall be in an amount not less than l0% 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 ( l4) calendar days after award ofthe 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 ofninety (90) calendar days after award ofthe Contract; attempts to withdraw its Bid when the requirements ofPublic Contract Code $ 5l0l 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 differential 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 A. B. 8. 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 retumed to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award ofthe Contract or until posting by the successful Bidder ofthe payment and performance bonds, proofof insurance, return ofexecuted copies ofthe Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be retumed to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of Califomia. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option ofthe City, result in the rejection of the Bid under which the Bid Bond is submitted. BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." All information required by a Bidder's or Specialty Contractor Statement of Qualifications shall be completely and fully provided. lf no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder's 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 ofthe contract documents. ln selecting the lowest responsible Bidder, consideration will be given not only to the Bidder's financial standing but also to the general competency ofthe 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 tlpes 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 Biddershall 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) ofthe Subcontractor's place of business, each Subcontractor's license number, and the dollar value of each Subcontractor's labor or services. If additive Altemate Bid ltems are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Altemate 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 ofthe 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 ofa Subcontractor. TheCityhasthe 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 tG-a statement detailing the Subcontractor's experience with pertinent information as to similar projects and other evidence ofthe Subcontractor's qualifications. Ifrequested, 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 ofthe 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 ofthe 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 Califomia Labor Code Sections 1777.1 or 1777.7. ln submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is t0. ineligible to perform work pursuant to the above code provisions. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Biddershall submitthis form with its Bid. AnyBid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit fonn, may be rejected. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company's underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwriter or agent will fumish the City with the required insurance documents within founeen (14) days after the Bidder's having been notified of the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carelully 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 cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense ofthe 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 il it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or m isunderstanding of any of the provisions of the Contract. Should the conditions tum out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein. actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other il. 12. ll. 14. 15. t7. 16. expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. PERMIT FEES All City issued permits required for the construction ofthe project shall be no-fee permits. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum. 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 (insert # of days) ten_ ( l0) calendar days prior to the Bid Deadline. Approval ofany 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 ofa written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be retumed to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice Inviting Bids. Ifsuch 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 Califomia Public Contract Code $ 5100, el 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 ofthe Contract. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting t8. Bids. A tabulation ofall Bids received will be available for public inspection at the Office ofthe Public Works Department,4305 Santa Fe Avenue, Vemon, CA 90058 during regular business hours for a period ofnot 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 ltems are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evatuation of Bids. I . Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder's Statement of Qualifications each Bidder must establish that it, as the current entity: (l) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder's Bid; and (2) has successfully completed at least three (3) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the 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 ofthe Bidder for the performance ofthe Work covered by the Bid including, but not limited to, the experience of the Bidder in construction ofpublic 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 ofconstruction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder's performance of the Work. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection t9. 20. of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 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. 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. 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 ofthe Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article l3 ofthe General Conditions and in the form shown on Exhibits 1,2 and 3 attached thereto. All signatures mustbe 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 l2 ofthe General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of Califomia, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and retum one (l) of said three (3) copies to Contractor for its files. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential," or "proprietary," including any Statement of Qualifications and financial statements to be submined by Bidders. Each element ofa 21. 22. 23. 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. lf City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder ofthe 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 Califomia Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure ofany such records or part thereof. Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City's refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. PrevailingWageRates. TheBidderandallSubcontractorsshallutilizetherelevant prevailing wage rate determinations in effect on the first advertisement date ofthe Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than l0 calendar days before the Bid Deadline. Pursuant to Califomia Labor Code Section 1770 et seq., the Director ofthe Department of Industrial Relations ofthe State of Califomia and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the lnternet at rr * u.dir.ca. qov/[)l-S R/l'\\'D,/. 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 Califomia 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 Califomia Labor Code 5 1777.5 and Title 8 of the Califomia Code of Regulations g 230, Contractor and Subcontractors ofany tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days ofsigning 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 ofthe Project and who can supply apprentices to the Project. City 24. 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 conceming payment ofprevailing wage rates, payroll records, hours of Work, and employment of apprentices. 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 ofany 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 I 77 I . I (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 ofany required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 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. I 187, the City's Living Wage Ordinance. Upon request, certified payroll B. Documents shall be provided to the City. Ifthere is a difference between the Vernon Living Wage rates and the Califomia Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. 25. 26. C. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opponunity 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 source ofthe funds supponing the Contract. Contractor cenifies and represents that during the performance ofthis 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 oftheir age not discriminated against because oftheir race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy! sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and Califomia laws including, but not limited to, the California Fair Employment and Housing Act (Califomia Govemment Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. l2l0l et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: I . The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City ptiel 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 ofintent 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 ofthe 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 lndemnification. 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] .J BIDDER'S PROPOSAL TtE undeGigned submits his Bid in respo.s€ to EE Nolice lnvitiE EiJs isstEd by the Cily lo c,onstflr{ he Work ol the folbwing Po,ect rn accodance with tlE Contract DocunEnts PROJECT: PCC and Asphalt PavenEnl Roconstructon for Fire Slations 76 ard 78 J@!@!.-tlg.u@!ll A. Errb6€d herewith and by this reference ircorporated tErein and made a pan ol his Eidde/s BU are tre lolowing comphted forrlE: 1. Budei s Proposal 2. SctBdule of 8id Prices 3, lncumbencyCe(illcate 1. BU Searity in the fo[owirE lom (dd utol fl Casniers Cnect D Certified Ch€ck Bll Bmd I Cash 5. Bidde/s StatcrEnt of Qualifications 6. Expedence Fom 7. Sbtement of Vdatior6 of Federal, State or Local Law, if 4plhabh 8. Contractor Sahty QuestionMire 9. Designation of Subcontraclo6 10. Cmtractods Affidavit ot lbnol[riqr 'll. lnsuranceReqdrementsAffidavit 12. Statement o{ Disquafificatjon or Debanpnl. 13. PrFBU Sle lnspeclion Certlflcatbn. B. Acknowledgmenl ofAddenda. The Blder shallekm\dedge the receipt ola/lAddenda by attaching a signed copy of allAddenda, ard by listing allAddeda rBcailred and altech€d in the spee below. ll an Addendum or Addenda haye beeo issuod by lhe City and not attached and noled above 6 bsing received by lhe BUdef, he Bd may be rejecled. C. lnspection o, fE Wo{k and Contrel Documeflts. Eilder cetifies thal it has carelully exarnined and is fully lamilrar with all of th6 provbions ot the BiddirE Documents and sald Bidding Documonts contain suficient d€tail regarding the Work to be pedormed; that ( h6 notified City of any erors or omissions in th€ Bidding ?age ?1 of 173 t,t Documenls and/or any unusualsite corditbns; ard tlvlt il hali caeli^dly ch€cked aI llorus, p(ices, and stalemonls h his Bidding Document. $dder tEreby certifEs hat he./she ard iis/tEr Subcontractors have ircpected the site rd Islated DravrirEs and Specifications of Work and fully equainled lh€rrEdrres wilh a conditions ard matlers which may h any way affect tfE Work, tim of comdolio.r s tle cosls theEof. B[der aho certifi€s hdstE h6 ohorvod ttE dosignated Contretor U/ork areas ard ffi€ss routes, if disclosed or shovm, a6 pat ol th6 Work in this Contract. Page 28 of 1?3 PRE-BID SIIE INSPECTION - CERTIFICATION: Person(s) wto iospected site of the propossd work for your firm: Name. lLt,'ke Leu is € q* ;^orc,. Date of lnspection 1'6'rg ]-rtle: Name: Tille: Date of lnspectio, D, Buder agrees lhat all cosb of Work shown in the Biddhg Docments, irrludirE work re6onably inlerable ItErefrom and ne{€ssary lhereto ae included in tiJher Bid. AllWork siown in he Contract Documents fo( which a specific line item b not provided in the Biddhg Form is inciuded in ttE Bidde/s Total Base Bid Price. E. Forfeihjre 0f Bid Security. Bidder furthe. agEes that, in case ol his,rer default in executing the requhed Contract and lhe required bonds, or fumishing ttle requi€d insuance, the mooey payable unde. the Bio Security accompanying this Bid shdl be applied by lhe City towards paymenl of he damage to ltE City on ecount of such default, as proviJed in the Bidding Docurnenls. F. Period of lnevocab;lity. Biider agrees hat this Bid shall remain open and slull not be withdram for a period of not less than ninety (90) caledar days from the date of aelard of Confet, or unlil reiected by the City, whi$ever period rs shoder. G. Bid Di+ure Indemnification Inth€Gtrntofa Bid dispute b6ed upon the Bidder's submission ofthis Bid and thd Ciry acceprance of same, the Bidder shall indemnify, def€nd (with counsel acceptable ro Ciry), and hold harmless rhe City, hs City Council rn€mbers, employees, and agcnts from hability, claims, demands, damegcs, and costs arising therrfrom ifsuch disputc or action aris€s solely upon thc auard ofa Contract in compliance rvith rederal, statc, and local la\nr. I hereby ceftty under penalty ol perjury under the larvs of lhe State of Califomia lhat the represenlations mads herein ar€ iruo and correcl. 2Ol8 Executed lhis R cay ot f4A8gg- at Brddeis Prcposal Respectfully Submitled Page 29 of '--t 3 .t I"AME OF BIDDER COMPANY NAME ADDRESS: l/obet* Lnr. CONTACT PERSON: TELEPHONE NUtTlBER:FAX NUi/BER: d l(t. b rl ? 3'l(3 EMNL: l<ov @ lbbesr. rte t CALIFORNIA STATE CONTMCTOR'S LICENSE NUMBER:1-r%p? EXPIMTIONDATE: 7 3/-/ O T/{xrDENTrFrcATroNNo.: I ! 3zCagaa SURETy coMpANy. lttrc t*r* fiarr/.'ot (aaftnl................, . All Bid forms must be signed wtlere so indicaled by the person or peGons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent thal he or she has authority to bind the Bidder, Failure to sign the Eidde/s Proposal may invalidate the 8id. Page 30 of 173 7600 lrn,:" fru?. BIDDER'S PROPOSAT - SIGNATURE(S) Forn ot Enlity of Bidd€r: Please ched tE appropnats signalure bhcK below and fill h all rdat€d infomation. l--l Sob Proprietomhip; By Tie Printed narne of person signng Silnature Lisl all d/b/a's: [--l e.rt *rrnp, E Generat Padner f] timited Partner Printerl nane of pe6on sigoing S.3nalure By' TUe otlicer Title: Corporate Seal Printed name of pe6on signing Signafure Name of all Jont Venlurers' u lhe Biider,s a corp.ralion or a limil€d liability company enter slat6 o, county ol incorporalion in additbn lo the business address d include an incurnberEy certilicate execuled by a Secrehry fEreof in ttE form s€l foalh herein lrstingeach ofr,Eer wilh s! ning aulhority and hiyher conespording office. l! lhe Bidder is a partnership or ioint venturer statiog that ltE respecfive partner or Fht venlurer agrees to be he,d jointly and severdly liaue lor any d ai of he duties and obligations of lhe Bidder under the Bid and under any contracl arising therefrom. Attach evilence tohe Bi, Proposal Fom that lhe ,ndividual signirE has aulhority to do so I Page 31 of 1? -l ay, LAe.ODLAA.D P'inted name of €s,D6pq_."- [l *'n' E otier clvtl cooE s 1189 ture ol Notary Puuic i] Attorney in Fact J Guardian or Conservalor who proved to me on the basis of satlsfactory evidence to b€ th6 personFf whose namelrf lye#i subscrib€d to the h€/s,6/tb69 sx€cuted the same inhislwlbAt aulho eFfm the instrument the p€rson gf or the entity upon nstrument, CALIFORIIIA ALL.PURPOSE ACKNOWLEDGMINT A nolary ruUic or oher of,lc€r cornpletirE thb csrtificato lrerifies only ths i&ntity ol the i]divuual $/ho sigrEd the doqrmsni b whhh his c€atilicato is attached, and mt tha truthfdnoss. @uracy, d ydftIty o{ tH &qrnont. State of California County of 0ranse o^ 1-E-lE before m€, Rly E. AodersoE/Notary Publlc , llerc lnsed NanE and Tith ol tt!f, OfticerDate p€rsonally appeared Larry Nodland Name(s) of Signe4s) x YeNO€nSO.{ lh.., Atlc - Cllorn,a Or.q.(crntY(ornirdo , 2205144 , Cdrn E{lirr tl I 5. 202 I I certify unde. PENALry OF PEH"JURY under the hws ot lhe Siate of Califomia that lho toregoing paragraph is trus and conect. WITNESS my hand and otlicial seal. Signatura Place Notary Seal Above OPTIONAL Thoa$h this sectioa is optiooal, completing this infonEtion can detet alteation of the document ot frauduEnt ruttachment ol this fom to an unintqt&d docunqt. Oescription ot Attachcd Docurnent Title or Type of Documsnt: Document Dats:Numb€r of Pages: Signe(s) Other Than Named Above: Capacity(ies) Clalmcd by Slgner(s) Sioner's Name: Larrv NodlaadI Corporate Officer - Titlds): Prestdeat -l Partner - - Limited I General- lndividual - Attorney in Fact Signer's Name:! Corporate Of{icer - Titla(s): a Partner - l-: Umited f General r Truslee- Other: -. Guardian or Conservator lndlvldual: Trustgo Other: Signer ls Representing:Signs( ls Ropresenting: O20'tO I'rational Notary Association . ,fflvlv.l'laliooalNotary org ' 1-800-US NOTARY (1-800-876-6827) ltem 15907 SCHEDULE OF BID PRICES PRoJECT: PCC and Asohalt Pavemcnt Reconstruction hr Flre Stallons 76.nd 78. Contact No.CS.09l0 BIDOER'S NAME: ildSE",T f K . EASE BID Pursuanl to and in co.npliance with your Noke lnviting Bids and Conlracl Documents relaling to lhe Proiect incfudirE dl Addsrda (atteh signed copies), Bilder, haring become tho{or{hly faniliar with the terms and conditions of tho Conlrat Dodrments d with hcal condilions dfecting th€ perromance and the cosh of the Work at the place wtere the Work is lo b€ done, hereby proposes and eces to fury perfom the Work within tlE time stated h slricl accordance \,yith ttE Contract Dauments (inclLdirE the fumishlru ol any and all labor, maledals, toob, experdade equipment, and utility d kansporlatim services necessary lo frlly perfom lhe Work ad complete il in a rAorkmanlike manneo for ttle total @g!q sum of: Dollars llefi No.oosdrptrm Unls 0uantity *it Cosl Arnount 1 Urdassilied oxc€valion (14 inches deep) - sa',rcut. removal, and disposal of asphalt pavement, concrele, aooreqate base & sdl. CY 2510 46'4 c,2-StPLo' 2.Unifom cold phne cuttirE, 4'deep.41330 50 22,'tL<1 3 Uniform cold olane cutlno. 6'deeD.16,650 ,4 li.zznl 4 Cmstnrct neu, B-PG 70-10 Asphall Pavernent in ecordanc€ with ths plan ard specillcalbns. TON t 773 f,LQ l\s.g€L 5.Construcl 8' ttick (56GC-3250) PCC pavemenl rYith No. 4 rebar on 6 crushed mlscellaneotE base, SF 51,620 ge Ltby,stb o Construct 3.5' trick Concrete SrdewaK oer Citt Std. Ptan PV582 .SF 500 qq Zwa 7 Construct 8' thi* Confiete Curb Rarnp including -runcatod Domes Der Caltrar6 Sld. Plar RSP A88A. EA 1 &L?b-4z2-fr 8 Construcl 8" thickconsete driveway per City Sld. PIan PV693.SF 750 -ob',el-cd 9 Construcl rcC bngiludinal gutler (3'wide1 pq{ 5PP\4/a Standard Plan 122-2 LF 3o€&1Sb 10 Construct rcC bngitudinal gutter (2'wide)per SPPWC Standard Plan 122.2 LF 280 uq 41,@ BJD TOTAL $ qzzoxa WRI-JEN AMOUN- $ ilrrru *t rt au:oTttron ru Tbn Titttu< At to ,a7 nnt fu.ut Page 32 of i73 All other \4o* items, labor, materials, toob ed incidontds whbh are not sp€cifualy lbted in the above tid it€ms, htt are necessary to complote the proJect per specilications, and all olher eplicable slandards and codes a.e corEidecd to be included in the above bid items. lf there is a discrepancy beMeen (1) tc 'Gr d Tohl" sho$n immediately above, (2) any of ti\e "totd cosb' sllovn in fne lar right column abolE, or (3) he individual Unit Prbe, UEn tlE Ur*t price shdl cont d ove( the tolal c6t and he total cost shd controlover tho lo{al lf, horewr, th€ urit Eice is ambrguors, uninteligibb, or uncertain for }y caJse, or b omitted, or b the samo amount as the eotry for lhe em total, hen tre item tolal shall prevail and shal be divid€d by lhe estinated quanlity br the iterr and the price lhus obtain€d shal be the unit Drico. : Bidder shal excfude he crst ol PBrmit Fees from Biddeds Base Brd sum; B6e Bid sum shall include lhe cost of administration and coo{dination of GovemnEnlal Approvals and Utilty Fees. Page 33 of 1?3 tq6ae (SEAL - il 8id is by a corporalion) ,4kc, q 3-I-,s Date ) -v/-/8 Date o, Expiratibn "*7 rrdrnts ur oonul[g \lJrrpdny INCUMBENCY CERTIFICATE Print legibly the names and lille of he presidenl and all oflicers ot h6 Company who are autlErized to sign lhe Bid Forms: PRESIDENT'S & OFFICERS' !.,IAI,,|E Larry ttlot/hn / Roberr /Ur/k,/' The unders€ned hereby c€rlilies lo the City ol Vernon thal hdshe rs the duly elected and actng SecrBlary of TI'LE: Pres&,t* Tr€e cz,rr Page 3{ of 173 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT crvtl coDE s 1189 A notary pubflc or other oftics comple:ing tl'is cedificate verilies only Ure identity of the hdiviJual who slgned the docunsrt lo rvfiich ths certrficate is attached, and not tl€ tuthfuhGs, accuracy, or yalidlty of that document. State ol California ) ) IaY l. Aodersoa.llotarv Publtc County of Orange on 3 -t-18 bofore me, Date persmally appear€d Here lnsert Namo and ntb of the Otficsr Larry Nodlaod aod Eober t. Nodland II to bo the porqpn(s) whose name(s)fare me tl"at bdg,fer'they executd the same in r signature(s) on the inslrument the person(s), , executd the instrumenl. Name(s) ot Sigoe(s) I certify under PENALTY OF PEBJURY under the laws of the State of California that the foregoing paragraph is true and co.rect. WITNESS my hand and oflicial seal. Signature Place Notary Seal Above OPTIONAL Though this seclion is optional, completing this inlorrnation can deter alteralon of the document ot ftaudulenl rcattachment ol this form to an unintended documenl. Deicrlptlon ot Attached Oocument Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Nam6d Above: Capacity(les) Claimgd by Siigner(s) Signer's Name: l,arry Nodland E Corporats Officer - Title(s): Presldeq!- --iPartner - r Limited 'Generallndividual Attorney in Fact - Trustee - Gua;dian or Conservalor Signer's Name:Robert Nodlaod III Corporate Officer - Title(s): Secr€tarv -Partner - - Limited I General - lndMdual -- Trustee Other: a Attorney in Fact E Guardian or Conseryator -- Other: Srgner ls Rspresenting:Signer ls Rep.es6nting: 020'16 Nationai Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-87S6824 ltom #5907 ture of Notary Public lh WTNESS WHEREOF, the undersigned h6 executed this lncumbercy Cefificato thb X oay ol@_nlb Robrrr 1i1o//to/v r.t/aaes; iTor..(lhe "Company"), and thal, as such, hdsle is arthorized to execute this lncumbency Certificate on behalf ol tlE Compeny, ad furfrcr certites that he persons n n€d above are Ule duly elected, qualified and acling officeE of the Company, hoHing on the dale hereof, the lrths and posrtims set forth opposile th6ir names and are aulhorized to sign the BId Foms. Bond No.: Pnmium Annrnt $ Bond's Efl3ctve oate Page 35 of 1?3 CALIFOBNIA ALL.PUBPOSE ACKNOWLEDGMENT clvlL coDE S 1189 A nobry public o( olhsr officer comploting this c*tificato ysrifiG orJy the ij{tity of tt|e indivirJual wtn s{ned the document to yvhich his csrtificate b attaclEd, and not be truhfulness, mtrfry, or vdidly of that dclment. State of California County of 0range o" 3-8-IE before me, ) ) Kay E. Aoderson/Notarv Publlc Date personally appeared Herc lnseft Name and Title of the Officer Robert Nod.Laad II Name(s) of Signer(s) MY E ANItrPSON Noriry fubl< - Gtto.nr. or..!p Caol{,(onmirtb4: 210;l€4ltconln trp.6 l,r 15. l!2 i I certify und6r PEMLTY OF PERJURY under the laws of the State o, Calirornia that the foregoing paragraptt is true and correct. WTNESS my hand and official seal. Signature Place Notary Seal Above OPT'ONAL Though this section is oFttional, completing this information can deter altention ol tha document or trauduhnt reattachment of this forn to an unintended docurnent. D€scription of Attachcd Document Title or Type of Document: Docum6nt Date:Number of Pages: Sign6(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Nodlaod II Trustee r Other: Signer's Name: X Corporate Omcer - Title(s): Secretary , Partner - f Limited : General rl lndividual i' Attomsy in Fact Corporate Ofilcer - litle(s): lPartner - - Limited - General-'lndividual I Attorney in Fact Guardian or Conservator=r Guardian or Conservator _ TrustosI Other: Signer ls Representing:Signer ls Representing: ,e\2016 fJational Notary Association ' wvw.NationalNotary.org . 1-800-US NOTABY (1.800-876$821 ltem t5S)7 Bond No. CSBA-7082 sro BotD BEgtrAte 1. Th!CityolVenoo.Calfornia('qt/J,hasissusdrNolictln'h9B'isbr[EWor*dessibcdashloF: PCC and Ashpalt Pevafi€nt Recmst ufin Speciiccioa alo. cs{910; rn Vumn. CA (?rojed'). 2. ln response to tie l{olice hvithg Bids, (Nane, address, and leledoie cl Cootacto.) 7600 Acacia Ave , Garden Grove. CA 92841 (714)892-5583 ('Pdnchal"), 116 subrnitted h€ *compafiyi{ Bd b( ltte Proiect 3. Princid is required utlder the hnns ol he Spec{icdiq}-ad aI BUfitg Docrments rehmced in it-b tnnish a bood wih the Brd- {. The Sp€cificdbo, indudhg dlls anEndmffE snd supCem€rB, rd Prirc+a]s Bd aB incorporaled ilo hb Bond and made a parl ol it by t s nkencr. @sllo.{: rIEREFoRE lor vdrE received. $re. Pincipd End tvlerdl ts Bofthq Cqnpany (Mutual) (N rE, dd6E. ad g6dol€ d Sirrelr) 6rC0 Westcw. Parkwav, Wesl Des i&ines, lA 50265 l8m) 678-8171 a duly adlritted surd., i'iwBr under Calfomia s lay6, agree as lolo'8: By fis Bond, $ie jcin[y aro severdy otragatB and bind ourselves, and orr rcspectiye heiG, ereorb.s. adfliislralors, siJccesscls, and assgns to pay C y h€ psral sum d Ton Percont ol AnErnt BH oolas (S_!-0%_____J (he &nded Sun"). tis aflmunt compnsirE not less hafl TEN PERCENT (10'6)ol fth4rds Bae Bn. in l ,tul mncy ol trle Uniled Slabs ol An€{ica The CdfuInia LicerEed Resided Ag€nl lor SuBty b: (714'5181232 R€gisl.6red Agent's Cd,lcrnia fepaffnenl ol lnsurance Liceose No. -lqEg9gL. THE CONO|Tl0l'l 0F THIS B0NDS OBLIGATION lS THAT, if: (1) ftincipal does not (a) vihdrav, ils B.J krr tte p€riod spftifod in lhe BiddrE Doq.menls, uil no paiod is speillcd--tor ninety (90) calende days ofier Citji aw ds h€ Con[el for frs Prdecl or (b) altemp{ b u/ithdrav/ its Bid vh€n h€ Gquiemenb ol Cdlomia tublic Cont ad Code 95,101 et seg., or ary Brccesso. le(isldion. are nd meq oI (2) Cly aralds Princid lhe Codrad h response to Prhcipsls 8ij, and wihh UE lime and marmer specifEd by he Specjlicalior or Contrt oocumeflb oril no period b specited-rll$n lourteen (14) cal€ndsr days afler he Coolract's arud, Pr@d (a) *lns ed dstve.s b City tlre Cmkad, ir ffidarc€ with ttE Hd 6 eflded. (b) funirhes h6 required boMs Io. nol ooly Prirciuh tailhliX perlormance and proper filfilneot ol tt|o Cootrac( but dso Rincipdt paym€nt b labq ard mCeriab used h h€ Prded. md (c) iJrnMes Ul€ reqriEd hsur ce lhefl llis obfEalil b€cDrnes nuil d r,!id. 'Jlhere,rle, tgs Bdd remins in fu[ kce alx, effed, aM $e ftaorirE tems and onditi]fls apCy b his Bord: !. Suret/s otligElbns uld€r U{s Bo.d are sepaats, indspendenl from, ard not conlhgent Lpon aoy ofter $rDt, s guaanbinq [1el upon City\ axrding 6e Contd to Rh4d, [B ftindpd wt c0t6{ inlo 6e Contacr tfli$ Cry. 2. tlo nght ot actcn trcrues on llis Eord lo 00y entity oher hal City or its succesrors ard rssilns, 3 lf an acton at larr d h eqlty h nccessr/ lo enk ce or hEp.ei lhE Bood's l€.ns, Surdy lrtust p.y- in additFn lo he Bonced Sjm- Cly's reasondh a6o.!Ey! l8€s and ftigation cost!, h an amold he cou.t hes. 4. Sureiy shd mejl Ciy wdtten noihe al least 30 days beb.r: (a) tlr€ eflBdi,,/€ dde on v/hi, the Sursty *6 cancd, tern*|ete, or r/ithdrar kcm gis 8,lnd, o( 0) thlr Eotd befimes r&ii o. unenlo.ceable lor y re€son Pag.r 36 of 113 0n UB d.io set fodn bdow, Ptincipd ad Sut€t/ duly ereobd hh Bond, yilh he nalp of eacfi paty epesrng bdq,{ e$ sigoed by i{r r€R€6enbliye(s) urds, UE arhority oI fs gorenlhg bod, Date: March 2.2018 PRINOPAL. Nobest lmorr,orated Its.T€[s>Oq-- La,J2t.,..,-:a By: Arturo Avala SIJRETY: (tlaflre) lls: Atto,rBr-in+aa fiirlei AdCres! bJ Setuirg iJotice5 s C,thef ocuflEnls: 67m Westorrn Parkway W€st De8 Moin€s, [A 50286 C08F0MT: SErt (r6e) Addurs b S€rrhg tbliis or oher Dcdlmerlls: 7600 AEacia Ave. Garden Grove. CA 9284' EVjoAYCE iiAr 8E A IIA AED ff W AuftffinY tr A,vy PERSoil SGJV IG AS Arlm\Ey.,^,fACI A CORFmATE SEAL USI EE LIIPRESS& O/ D{S,.Ofl/ tlfE\,i IrE PRWPI4 0R LtlE SI,RE7Y, fi8On1 AREA CfrPo&4rl(l\r Pace 3? cf ir'3 TRqINING AND ORIENTATION a. Do you conducl saFety orientation tiailing for each d. Do you hold tool box/tailgate safety meelings focused on your sp6cillc uork operatiors/exfosures? l-hw o{ten? Bfeexry Eoaily lother e. Do you require equipmenl operation/csrlifrcation lraiqing? ADiIINISTRATION AND PROCEDURESa. Does your written safety preg6p 266*at adminbtrativ€ procedures? emproyee? @t 0o yoiJ conduct site safety orientation for ev6ry <@ito person n€w lo lhe job site? ing meeiings? & W f Annualty E Ottrer_ Gruo ves i\,0 Gro Yes No b. Do you have propcl satety commillees? c. Do you conduct iob site salely inspeclions? 0o these rnspeclioos includes a routine safety inspectioo of equipnenl (e.9., scaflold, hddea, flre l)vt ollen)...-- trDa ry ! Weeldy ! Yonthly ! O:rrer extingLishers, etc.)? d. Do yo, investrgate accidents? How ere lhe_lieporled^ fif5tal co.rpany ! By proi€ct D By foreman @ro Yes No E By superinlendent E By pr-oject manaqer Bff-acord arce with OSHA e. Do yor, discuss safety al a preconslruction ard progr.ess meetinSsZ (9 ruo Page 50 of 17? f Do lqrp€rform r:Jging€nd-ni{ checks prc. to lifting@ lio tsl For personnel EfFo. equipnEnt Ll l€a',y ms (more tnan '10,000lbs.) WORK RULESa. Do you psriodically uFato roft ruhs? When was be last upd ale? -.-T.ht)6t)'o terid handlrEhtorage trisi6 excavating t pErcrgized/pressurized equipment EfFersond protective equipmen Bl-oob, po,,ver and hand '6@ves@ Y4P ll yss, doscrib€ the citations (add addilimalsh€ets it nec€ssary) Bhsting ak and gases Concrele work Conflned-space entry and trcisting grounding cofltrols and occupational tEalth [f E-mergerry pmcedures fif-Fire protection and prevenl'rn D Floor and wall openingsfl FaU protectioo flH-ousekeefirgE Ladde{s ar,d scafhlds Ehtl&llanical €quipmenV mdntenarcdpre.op ched(s/ OSHA INSPECTIONS a. Have you been inspected by OSHA in th€ last lhree years? b. Were thes6 insp€ctions in r$ponse lo complaints? c. Hays you been cited as a result of th€se inspoctrons? and signals opsrdion EElectrical po'*er lines E WeEing and cutting (hot work) E Otner _ Page 51 of 1?3 b. Wh drBssed by yo./r $ork rubs? E Access---€nbancedstairs ffiespiratory prolection DESIGNATION OF SUBCONTRACTORS NAMEoFstuJER: iloharf trftc- E h Birder must list, on Ule fonn proviled on trE mxt page, eacl' SLbcontr&tu u/ho will perfo.m trc.k or labor or render service lo lhe Contretor in or aboul tho corEtnElir of th6 Wo.k o{ irnprov€rnent, or a Subcoob&tor licens€d in the State of Cal'rbria wio, ullder subcorrlrad to the Conbacto., sptridly fabri:atG ard installs a porlion of the Work or improvemeflt accordiE to dstailsd dawings conhined h lhe orawings 4ld Sp€cifutisE, in an amounl in oxcess of orE{alf of one percent ol ttle Conracto/s Sase BiJ ArnunL Eeh Subcontmw must havo an adive and current lbense, and al reqdsib spechlty cerlificalims, wtEn listed. Bilder must provi@ the tdlo'y/irE inlomation hr @ Subcootractor. 1. The narne of the Subcontracbr; 2. The trade ard type of lvork that the Subcontractor wil perfom 3. Localion (address) ol Subcontr#to/s phce of business; 4 Subcoo$eto/s iharse number; and any speciaiy ficenses, and 5. Do ar vaiue o{ the Work frat tE Subcontraclor wil perfom. Sublelting or subconueting of any porlion of the Work in excsss of one+alf of one percenl ot the Conkacto/s B6e Bid to which m Sutconlrac{o. w6 designaled io the origind Bii shd oO b€ pemitted ir cas€s of public ernergerrcy or necessily, and lhen orly afler a llnding reduced to writing as a publh record of the City setting for$ the ,acts corstiluting liE emergency or necessity. lf the Contletor violates any of UB above provbims the Conlractor may be in br€mh of this Contracl at the City may exercise the oplion, in its oum discretion, to (1) cancel this Contret, or (2) Nsss he Contrtor a peoalty in an arnounl nol more than len p$cenl (10%)of the amounl of th6 subconlract involved, and fiis penalty shallbe d€posited in the lund out ot wiich the prine Contract is awarded. lf the Conkactor fails to sp8cify a Subcontractor. or if Ihe Contraclor specifios moro than on€ Subconlietor for lhe same lmde or tlpe ol Work lo be perforfiEd uader the Contract h excess of orE-hdf of one porceot of he Conkactods Base Elid Amount, tfBn ths Conlractor agrE€s that ho/she is tully qualifled to perfom that Wo.k himself/lErsdf, d lhal hdshe shdl per{orm lhd Work himselfiherself . lf afler a'r, d of Conlr#L $e Contracto{ subconlEcts any such Work, the Contraclor wil be subjecl lo the statulory ps|dlies. DESIGNATION OF SUBCON'MCTORS FORM lS ON TrlE FOLLOWNG PAGE Fage 52 of 173 Please lype or legibly pdnl iattsEh addhicnai she€ts as rEc€ssary). Nrne of Subaonli-&lor EmailCalrlat lnloamabon Trde ard TyDe of Wbir b be fu.blrEd 8lsiness [catbl Att Aalltlc-,, L,'*c.do l<-i!e Canau* Liceise ',luinoar Cor r*lor R€gutalixr Nurnber ooiar il) varre U7 67\l0most @ n? 922, Page 53 of 173 The Cootretor shall mli A. Sdbstitute any peIsor as Subcontractor in place of the Subconlractor listed in tE o.iginal BlJ, except thd the City may consent to th€ substitution of arnther p€rson as Subcoflkrctor in aoy of the following situalions: WtEn lhe Subconfactor Isted in tlle Bid, after having had a redonable oppodl,|ity lo do so, faib or refuses to execule a wdtlon contEct lor the scope o, Wo spscified in ltE Subcontractor's t}i(, and at the price spscifisd in lhe SubcontEcto/s bU, ryhen lhat w' ten contract, based upon the generd terms. conditjons, ka in$ and Spsifualions br he Prq€d or the term of Contracto/s witlen Bi,, is presented h lhe $tcontraclor by the Contretor When the listgd Subcontrelor beco.nes insofuent or Sle subiect of an o.der for refief in bankruptcy; When the listed grbconlraclor fails or refuses to perform hbher subcontret Wllen lhe listsd Sukonuaclor hils or ,6fuses lo meet the bord requirements ol the Contractor as set forll. rn Public conlract code s6cbn 4108; When the Contractor dernonsbates to the City that the name of llE Subcontractor $ras bt€d as the result ol an inadverlent clerical error; When the listed Subcontracto{ is not licensed pursuant to tlE Conlracto6 Li}ense Law; When the City dstermines lhat lhe Work performed by the listed Subcontrtrto{ is substantidly unsatisfactory and mt in subslantial accordance with the DBw,ngs and SpecifEatons, o{ thal the Subconkaclor 6 s$stantially dalayng or dbrupting he progress oflh6 YJork: When lhe list€d Subconkaclo. is rneligible to work on a public uiorl$ pro,ecl pursuant to Section 1777 1 ot 1777.7 ot lh6 Labor Codei or When the Citt determines thal the lbted Subconkaclor is nol a rcsponsible contractor. B. Permit any subcontract to be voluntarily assigned or lraNfened or albw it lo be pertormed by anyone other lhan the original Subcofltractor Isted in lhe o.igtoral BlJ, wihout 0|e consent ot tfE Cit!. C other lhan in tlE perfolmmce of "change orders' causing charpes o d€viations frorn tr're odginal Contracl. sublet o{ subcontract any portion ot ttE Work in excess ol one+alf ot one percent of the Conkactor's 86e Bid Anpunt as to which hiyher original Bid did nd desiJnate a Subcontractor. Prior to approval ol ihe Conkaclo/s request lor a Subcontraclor substitution, lhe City shall give notice in writing to the lisled Subconlractor ol the Contr to{'s request to substitute and of lhe reason for lhe request. The notire will be served by csrlified or regislered mail to the last known address of the Subcontractor. rhe listed Subcmuelor who has Deen so notifed shall have live (5) lryorking oays within which to trammit lo the City wrillen obiedions to the subslilulion. Failure to file tr|ese written obiections shallcoNtilute the lisled Subconlractor's consenl lo tle substitutior. lf written obiections are filed. ttE City shall give notice in wfiting of at least llve (5) Worting Days to the listed Subcmtrmtor of a hea.ing by lhe Cit) on ttE Conlreto/s rEuesl for substfrutio.. The Co.tractor, as a coMilion lo asserling a claim ol indvertent clericalefior in the lsting of a Subcontrachr, shall wilhin trvo (2)Wo{king oays afler the time af the BirJ Jeadline, give written nolice lo the Cily and copies oFsrch Ootice lo both the Sukontractor he/she chims to have lisled in error and $e intended Sukonfaclor who had bid to the Conlractor prior to lhe Bd Dedline 2. 3. 4. o. 7. Page 54 of l?3 OUESTIONMIRE REGARDING SUBCONTMCTORS Bidder shall asv€r tlE folowing questiorE and submil with high€r Contracl p(oposd. '!. Wsre tid deposilory or registry services used in obtainlng subcontractors bid ligur€J in od€r to compule yourbii? Yes E tto EI 2. lf lhe arEtxer lo No. 1 is 'Yes', please lorward a clpy ol th€ rules of effh bil deposibry you used with this queslion nd re. J. 4. ffi you have aty source of subco0trelors' brds ottEr than bil depositode's? yg5 H6 any pe{son or group threaterEd you wtth subcontr4tor bo)cotls, udon boycotts, o. othet sanctions to attempl lo convince you lo use the servicas or abide by trc rules of one fi rnore M dgposilories?YesD NoEJ lf the answer to No. 4 is 'Yes', plsass exdaln tre folbwrng detaib: (a) Date:(b) Name of persm orgroup:(c) Job involved (if applhable):(d) Nature of the threats:(o) Additicnalcomments: (Use addliond pape. if rrecessary) 5. 6 8 Was a consoous efiort mde lo recruil or provile equd opportuitylr b,is by mimrity or poied areasubconf&lors? Yes EJ no E 7.Was a conscious effort made to recruit ard tire proiecl a.ea lov€r-income resk snts? Yes EI- No E Please submit statement. We declare under pendty of perjuy thal lhe foregcing is kue and corect. Dated this 8 day ot rY) a P a<J 20o A[ of the above slatements as to experience, financial qualilications, and 3vaiable plant and equipmenl are submitted h conjunction with the pfoposd. 6 a part ltcreof, and the truthfulness and accuracy of the infomatbo is by tle bil&r, NameofComp y Page 55 of 173 CONTRACTOR'S AFFIDAVIT OF NON{OLLUSION STATE OF CALIFORNIA ) being lirsl duly sworn, deposes and says: 1. That he./she is the (Titl€ of offce if a corporaliofl, 'sob offi€r,' 'P lner," o{ other proper title)of (herdiafler caned'Contretor')t, vr|Et vtvlJct urGts tM u'srE rcrre'\4u who h6 submitted to the City of Vemon a Bid for lh€ conslruclion of he PCC and Asphdt Pavemnt ReconstnEtion for Flre SlatiorE 76 and 78 2, That said Bil is genune; that the sane is nol shamj lhat slalemenb of facl therein are truej 3. That said Bid is not made in the interest or behalf ol any prson, pa.tnership, company, a6sociatbn, organization, or coeoralion ml Mmed or disclosed: That Cont actor did not duecty or indireclly induce, solicit, agr?e, cdlude, consdre or cootrive with anyone dse to submit a false or sham bi,, lo refrain lrom brddiE. or ,rrflhdraw hisrrer bid, lo raise or fix the Bii price of Conlrelor or oF anyone else, o( to 'aise or fix any ovwhead profil. or cct elemonl of Conkacto/s price ff lhe p{ice of anyone else; and d d ml attempt to induce actoo prqudicid to UE interests ol the Cfur- of Vsrnon, or of any other Bidder, or myone eire interesled in lhe propced Conhacl: That the Confebr has not in any marner sor4ht by cdlusion to seajre for hrrnsell an dvartage over any olher Brddffs or hduce action preiudicid to tt€ inleresb of the Cily o[ Vernon or of any other B'xlder, or anyooe ehe interested in $E popos€d Contracl: Ihat tlE Conkactor has not accepted any bil from any Subconkaclor or malerial supplier throqh any bid depository, lhe bylats, rules or reguhtions of which pmhibit or prevenl the Conkactor from consijoring any bid from any Subcontraclor or material supplier, whbh b mt process€d through said bid depository. or which trevenl any Subconlractor or material supplier Fmm biddhg to any C€nkaclo{ vrho ihes not uss hs facitties ot or &c€pl bids from or ihro€h sudr bid depcitory; 4. l llt t l lll t Page 56 of 173 COUNTYOF AB4.'45 7. That lhe Conlraclor did not, oirectly or indirectly, submit the Contracto/s Bit pnce o, any breakdown lhereof, or the contents thereof, or diyulge intomation or dala r6lati,€ thereto, to any corporatbn, partnership, company, Gsociat on organizatim, bid deposito.y, or lo any member or agent thereol or to any individual or group ol rndiyi.duals, except lo the Cry- of Vernoo, or lo any psrsofl or peGons $rho have pJtnershh or other linancial hterest tyith sak, Contraclor h hirher bGiness. I declare under pendty ot perirry under the hws of trE State of Cdrfornia that uE foregoirg is true ard cofiect. Dated this I day or /v,Ace( 2d# CONTMCTOR'S SIGNATURE MI.,ST BE NO'ARIZED lVnbasr tr r,- Contrlor (Please Print) Paga 5? of 1i3 CALIFOHTIIA ALL-PURPOSE ACKNOWLEDGMENT crvlL cooE s 1189 A notary publc or olhe. officer completing tsis certificate verifles only ttE identity ol th€ hdi'/idrd who signed fte document to xfiich thh certifcate rs attadrcd, and not th6 truthfulness, a&uracy. or valioity of that docunenl State of Calrlornia County of Oranae on 3-8-lE before me, Kav E. Aldersoo/NotaEy Publlc Here lnse/t Name and Title of tho Officeta€te personally appearsd Larry Nodland Name(s) of Signe(s) I certity under PENALTY OF PEBJUHY under the laws ot the Stata of California that the foregoing paragraph ls trua and correct. who provgd to me on the basis ol satisfactory oyidsnce to be the person(d whose nameFf iyard eubscribed to the within instrumeflt and acknowledged to me that hel$A6^b69 sxocuted the same ln his,;PJ/?llgk a$ho(ized capacity'(j#), and ttEt by hivhgdD€f' signature(rfon the instrument tho person(gi or th€ entity upon behalf of which tho personfriaacted, exscuted the instrument. Signature Place Notary Se€,l Above OPTIONAL Though this section is opnonal, completing this inlomation can detet alteration of the document or fraudulenl reattachment ol this torm to an unintended document. Description ol Attached Documenl Title or Type of Oocument: Document Dat6:Nrrmber oJ Pages: Srgner(s) Other Than Named Above: Capacity(ies) Claimod by Siqner(s) Signer's Nane: Larrv Nodlaod Signer's Name:I Corporate Offlcer - 'l'itle(s): PresldenEI Partner - ; Limiled I Generatlndivldual .Attoroey in Fact: Trustee I GuarCian or Colservator Other: - Corporate Offic€r - Irtlds): I Guardian or Conservator - Partner - a Limited I GeneralI lndividual Attomsy in Fact TrusteeI Other: Signer ls Representing:Signer ls Representing: 02010 NatlonalNolary Associaiion. v,w\y.National\rota /.o(9 . 1-800-US NOIARY (l -800-87C5827) ttem #5907 rHE BToDERS TNSTTR NCE COrrPAr.ry(S) 0R TNSffiANCE AGENT MUST COHPTETE rHS FORM Alo THE BIDOER Mt,IST SUBMIT THIS C€RIIFICATION WIH T}E SD FORMS t. lhe und€rsiped (Phasc clE€t one boxl I rndorwrihrxpScnl, ryUy hi I and h. CoflHor lded hbw hayo ldt rsyi:i€d tlE 'h€ur icc Requiameds' h [rese Bid*rg fudrr'€nb nd ilrc CoItu oG,msob. I he C[y ol Vsnb.r tcffl aEG [le Cdllrebr tlE Confd h [ir F*rt I *ll be Sls-- i,l hrlcen (l{} cC€nd days afror lh€ Cqllrachr ls mtrbd ol tlE Cont ads sf,ad-lo tunish the City v n 'atrd hsurtro brnB (hddng one d rmrB iEUraEe cctfcdss d ddibnd iNuEd EJdorssn€nb) tld ldly mset al ol he lBranco @rirBfnents. (sqnrtue) Narn€ d lrEunnce Company Non Slde thc NaDe ol h$welf,,o CaWary Pm**B @vsrage: DO NoT wrile lrVl Prorire.' 'To Be oslormin€d.' 'Vwlen R€qd!d.' d sirilar Cr6or. qGim(iy INOTE IO CONIRACToR: S€o lnsmnca Reqd]om€nF EX}IBIT { ot he ConlEcl h he rqtlcflE{tt ot obldning Po{ulioo Lidlty huancc.l NoTE TO THE UIIDERIVRIIER, AGENT: l, he hs.rdffe todrs that UE Cont-&tor e&Ins b 0E Cty & nol tuty cDlpty with be lnrrrEe Req.i en€flB. arld d il sle Conbaclo. lals b srb.nl uE lcrlrts yrttS h€ l1-day Inu ftnit. lhs City may: (l) &dds [lc Cfllr*to/s 8id noHespoGve. d (2) snard ttr C.anlract to the lExl b,ydl responslta Erdder. Page 58 Ll I 1? 3 LIVING WAGE COMRIANCE CERTIFICATIO N This contract is subject to tite Oty of Vemon's tiving Wage Ordanance, Vernon Munldpal Code Chapter 2, Adcle XVIII Cordinance"). The Ordinance requires that service contractoB providing labor or services to the Oty by contr t rn excess of $25,000: . Pay no less thar ten dollars aM thlrty cents (910.30) per hour with nEdical benefits, or eleven dollars and fifty-nve cents ($11.55) per hour wiuDut rnedizl berEfiB to all emdoyees, as defined in the Ordinance who, at any bme, pror'ide labor or dellvery servirs !o the City of Vernon. Additionally, on luly lst of each )€ar thereafter the Uving Wage rate shall be adjusted by the change in tfie Federal Bureau of Labor Statistics Consumer Price lMo<, for ttn Los Angeles area, for the most recenuy avaihble 12 rmnth period. Accordingly, cunent City contractors will be required to adjust wage rates no laler ttEn luly 1st, to remain ln cDmpliance. . Notify ernploye6 who spend any of their time providing labor or deli\€ring services to ttE Cty of Vernofl who make less than twelve ddlaB (i12) per houI of thdr possib{s riot to the federat Earned IrEorne Tax Gedt (EITC) urder 5 32 of fle InterrEl Re\rcrue Co& of 1954, 26 U.S.C. g 32, and makrrE available to stdr employees forms required to secure dvance EITC payments. o IF there is a difference between the Vermn Living Wage rates and ttle California Prevailing wage rates for ttE same dassification of labor, the Contractor and subcontractor shall not pay less than the highest wage rale for tllat dassiflcatiofl. The seleded conBactor will be required to show compliance with he Livrng Wage Ordnance by submitring payrdl re(ords as requested by tl,le City. Each record strall ind,jde the fdl narne of each emdoyee performing labor d providlnq services under the contract; Fb classification; rate of pay and benefit rate. Prcvisions of the Living Wage Ordinance nlay be rvaived in a bona fide cdlect ve bargaining agreernent, but only if the y/aiver is explictly set forth ir dear ard unambaguous terms. If this provision apdies, ),ou must provide a copy of the collective bargaining agreernent to ttl€ Oty. t do hereby ce he contract for which this bd/proposal is with the (NanE of Cornpany) requlrements of the Vernon Living Wage Ordinance, Vernon Municipal Code Cfupter 2 Mide XVIII and the rules and regulauons promulgated thereunder. I und€rstand that farlure to comply with the provisions of the Vernon Livir€ Wage Ordinance may result in termination of the contract as wdl as other penalties as stated in Vermn Municipal Code Chapter 2 Artide XVIII. Lt:'^Ja.Dr-+rJb(Name) (sEnature)( Date) Please retum this fon.n rvith your bid/proposal.conceming the Living Wagc Ordinance should be directed to the Department ofFinance - Purchasing Division 323.583.881 l. Page 59 of 1?3 Artide I. Mide II. CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vemon, CA 90058 (323) s83-8811 Fax (323) 826-143s Internet: Www-qigglleM!,glg Affidavit of Equal Opportunity Emdoyment & ll,on-segreqabon (Fom A,A- l) veMor 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 dedaring under penalty of perjury under the laws of the Sbte 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 rdce, religion, color, national origin, ancestry, disability, sex or age, And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company:rJ-6c sf BJL ooor"rr. -7 l>oO AcActf\ Ar>S state: CA zip Contact Person Tax ID Number (or Social Security Number) Remit Address (if different) Please state clearly and conciselfthe type(s) of goods and sqrvices your company provides:PorZUe, 6) oQKs (Ja,ogr4ur7-ront The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that appty): African-American_ Asian_ Armenian_ Hispanic NativeAmerlcan_Disabled Female_ (optional) azt+ Page 50 of L73 7Businessrelephon" "rry-8 7 Z-JS63 Proled Woddofie utlatbn fForm AA-2) fo.m rs ro E hduded in all bid dooinents for EroF<ts ErvolvtiE tabor or seffc vatu€d ai t25,fi)O or more. hstslx:tdrs: Pbase irdcate the d Uire.i/classncalor6 to be used 'n thc p€rfonn r of tlis co.rtrad siu,ld it tE arraftred to t/our firm, Please rftl@E dE NanE oF company: ?^5 76{7S EstjfiaEd nunber of eEsuig Slaff ho be efleb/ed in this cLssifiGtim f awaftl.d tlE conts_act Eibmated nunb€f of r€w hrres tD be eanployed in tlts da.sfiGEoo if awzded ihe 6|1tra'r Cr,-.^+ Ma<,vr<i tl Oitt dri* Etu;^..E Are any orne.lt emdoyeE or potenttal n€w hlEs V€rrbn rstdentg? If so. how rnanyT No ,/ x,tx PEde 63 of l-l Narne of Company:r}\ R r- k,. r+i".n al- F,ra S'te.trozrs 11" dd 1S Any infornation supplied try veodors Is for r porting p'r.pc6es onty and will not be factored rnLo the arvard o'any contract. Inslructlons: Please indi@te the number of employees ln eadr Job Classlfi@don b€lonqirB to the following Eroups. Whlte (not of Hispank o.hin) Aftican-America n (rbt of Hispanic o.iqin) Hispanic Asian/Pacjfrc Islander llative Arncrbn r..al:Female CLASSINCATION Offrclals/ I'lanaqers 2_--o-_o--o-? Professionals -o---o--O-2---o Technic,ans +o--o--4- offEe/Oedcal a --g ---e--e-_e_3 Skilled Crafl Wo*ers t lA -o-rq Ope!-ato.s (semi-skilled ) a -o-I a ---o- Laborers .T IO --o--o-z---c Servicr Workers ---o- IL -+-17 I -4--o-3q /-