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
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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
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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
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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.
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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
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D€PARIT'ENT OF CALIFORiIIA IIIGHIMY PATROL
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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. Ayala City Clerk
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02101118
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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
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RECEIVED
MAR I 3 2018
CITY CLERK'S OFFICE
: Fireletnow
&*" /Y,6A/4
Bruce K. 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
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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
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6
2
2
20
2
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4
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140
1
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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
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a
3
4
62
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2
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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
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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. ARRESTS L4 0 L4
]UVENILES DETAINED --- FELONY AND MISDEMEANOR
MALE FEMALE TOTAL
BURGLARY
RECEIVING STOLEN PROPERTY
ROBBERY
VANDALISM
WARRANTS (BENCH)
TOTAL ]UVENILES DET.o o 0
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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.
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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
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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.
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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.
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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
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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,
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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
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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
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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,
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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,
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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
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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]
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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
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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
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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
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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
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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
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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;
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705
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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.
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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:
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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
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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
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l
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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 /-