2018-04-03 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, April 3, 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.
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
1. None. Minutes – To be Received and Filed
2. Minutes of the Regular City Council Meeting held March 20, 2018
Regular City Council Meeting Agenda
April 3, 2018
Page 2 of 6
Warrant Registers 3. Ratification of the following Light & Power Warrant Register to record the following voided
checks:
A. Light & Power Warrant Register No. 455 to record voided Check No. 513151 in the amount of $595.95.
4. Approval of General Account Warrant Register No. 1491, totaling $1,121,569.34, which covers the
period of March 13 through March 26, 2018 and consists of the following: A. Ratification of wire transfers totaling $788,052.42 and
B. Ratification of the issuance of early checks totaling $256,295.97; and
C. Authorization to issue pending checks totaling $77,220.95.
5. Approval of Public Utilities Warrant Register No. 456, totaling $6,740,396.60, which covers the
period of March 13 through March 26, 2018, and consists of the following:
A. Ratification of wire transfers totaling $6,624,925.85; and
B. Ratification of the issuance of early checks totaling $115,470.75
6. Approval of Gas Warrant Register No.244, totaling $2,121,825.93, which covers the period of March 13 through March 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $2,102,600.17; and
B. Ratification of the issuance of early checks totaling $19,225.76. Finance Department
7. Authorization to Enter into a Services Agreement with Aon Risk Insurance Services West, Inc.
(Aon) for Professional Property/Casualty Insurance Broker or Record Services for Fiscal Years 2019 through 2021 Recommendation:
A. Find that entering into a services agreement with Aon Risk Insurance Services West, Inc. (Aon), an insurance broker to obtain coverage on behalf of the City is exempt under the California
Environmental Quality Act (CEQA). The scope of the work to be performed 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. In
addition, even if it was determined to be a project, it would be exempt from CEQA review in
Regular City Council Meeting Agenda
April 3, 2018
Page 3 of 6
accordance with Section 15061(b)(3), the general rule that CEQA only applies to activities that
may have a significant effect on the environment.
B. Approve a services agreement with Aon, in substantially the same form as submitted herewith, to
perform professional property/casualty insurance broker of record services through fiscal year
2021 for a total amount not to exceed $277,500
C. Authorize the City Administrator to execute a three year services agreement with Aon with an effective date of July 1, 2018.
Fire Department
8. Activity Report for the period of March 1 through March 15, 2018 Police Department
9. Activity Log and Statistical Summary of Arrests and Activities for the period of March 1,
through March 15, 2018, to be received and filed Public Works Department
10. A Resolution of the City Council of the City of Vernon approving and authorizing the submittal
of application(s) for the CalRecycle Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program and related authorizations for which the City of Vernon is eligible and repealing all resolutions in conflict therewith
Recommendation:
A. Find that approval of the request for authority to receive and spend payment program funds in this
staff report is exempt from the California Environmental Quality Act (“CEQA”), pursuant to
CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal
operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
B. Adopt a resolution requesting approval and authority to receive and spend payment program funds
from the Department of Resources Recycling and Recovery (“CalRecycle”).
ORDINANCE
11. 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 (second reading) / / /
Regular City Council Meeting Agenda
April 3, 2018
Page 4 of 6
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
indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Approve the second reading, and adopt Ordinance 1250, 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.
NEW BUSINESS
Human Resources Department
12. A Resolution of the City Council of the City of Vernon approving the Amendment No. 1 to the Memorandum of Understanding by and between the City of Vernon and the Vernon Firemen’s Association for the period of July 1, 2016 through June 30, 2019
Recommendation:
A. Find that approval of the proposed Amendment No. 1 to the Vernon Firemen’s Association (VFA)
2016-2019 Memorandum of Understanding 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.
B. Adopt the attached resolution approving Amendment No. 1 to the Vernon Firemen’s Association
2016-2019 Memorandum of Understanding to amend the following provision:
1. Article Three, Section 15, Fire Staff Premium Pay 13. A Resolution of the City Council of the City of Vernon declaring the month of April 2018 as
“Sexual Assault Awareness Month” and April 25, 2018 as “Denim Day”
Recommendation: A. Find that the request to adopt the attached resolution proclaiming April 2018 as “Sexual Assault
Awareness Month” and April 25, 2018 as “Denim Day” is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct
or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Adopt the attached resolution proclaiming April 2018 as “Sexual Assault Awareness Month” and
April 25, 2018 as “Denim Day” in the City of Vernon in support of the Peace Over Violence sexual
violence education campaign.
Regular City Council Meeting Agenda
April 3, 2018
Page 5 of 6
Public Works
14. Contract Award for City Contract No. CS-0940: Downey Road Improvements
Recommendation: A. Find that the award of the proposed Capital Improvement Project at Downey Road is categorically
exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing
use; and
B. Accept the bid proposal from Hardy & Harper, Inc., as the lowest responsive and responsible
bidder for the Downey Road Improvements Project and reject all other bids; and
C. Approve and authorize the City Administrator to execute contract CS-0940 in the amount of
$1,828,000 for the Downey Road Improvements Project, for a period not to exceed 60 calendar
days; and
D. Authorize a contingency of $75,000.00 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.
15. Contract Award for City Contract No. CS-0915: Citywide Traffic Signal Maintenance FY 2018 Recommendation:
A. Find that the proposed Capital Improvement Project for the Citywide Traffic Signal Maintenance
FY 2018 Project throughout the city limits is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301,
Existing Facilities, Class 1, maintenance, because this project only consists of maintenance and
repair of the City’s traffic signals; and
B. Accept the bid from Siemens Industry Inc. as the only responsive and responsible bidder; and
C. Approve and authorize the City Administrator to execute a contract in an amount not to exceed
$297,354.00 for the Citywide Traffic Signal Maintenance FY 2018 Project (CS-0915); and
D. Authorize a contingency of $32,646 in the event of an unexpected changed condition or additional extraordinary maintenance and grant authority to the City Administrator to issue a change order
for an amount up to the contingency amount, if necessary.
ORAL REPORTS
16. City Administrator Reports – brief reports on activities and other brief announcements.
Regular City Council Meeting Agenda
April 3, 2018
Page 6 of 6
17. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to
staff.
CLOSED SESSION
18. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
19. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Potential retaliation claim by City employee
Government Code Section 54956.9(e)(2)
Number of potential cases: 1
20. 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 29th day of March 2018.
By: ________________________________
Maria E. Ayala
City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, MARCH 20, 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; she also led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria E. Ayala announced there were no changes to the agenda.
PUBLIC COMMENT
Mayor Ybarra announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation.
Patrick Ryland, photographer, spoke about his interest in photography and his project to
photograph residents of Vernon. 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 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.
Mayor Ybarra opened the Public Hearing at 9:04 a.m.
City Clerk Ayala reported on the proposed.
No public comment was provided.
Mayor Pro-Tem Woodruff-Perez inquired about the selection and if other publications were
considered. City Clerk Ayala responded stating the other choices for publication and the rational for ultimately
selecting the Los Angeles Wave: Press Edition.
Mayor Ybarra closed the Public Hearing at 9:06 a.m. It was moved by Lopez and seconded by Martinez to 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
Regular City Council Meeting Minutes
March 20, 2018
Page 2 of 6
Vernon Municipal Code, amending the Designation of Newspaper and Publication. Motion carried, 5-0.
Ybarra: Yes
Woodruff-Perez: Yes Davis: Yes Martinez: Yes
Lopez: Yes
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
Human Resources Director Michael Earl awarded the service pin to Masami Higa who was not in
attendance. 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
City Clerk Ayala read the proclamation. 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.
City Clerk Maria Ayala read the list of grant recipients and provided a brief overview of their
certificate of award for the following:
• Casa 0101 Incorporated Representative(s) in attendance: Emmanuel Deleage, Executive Director & Guadalupe Arellanes, Communications Director
• Latino Equality Alliance Representative(s) in attendance: Eddie Martinez, Executive Director
• Neighborhood Music School Association (2nd)
Representative(s) in attendance: Connie St. John, Executive Director &
Rachel Rosenbaum, Grant Writer
• Plaza Community Services (2nd)
Representative(s) in attendance: Gabriel Buelna, Executive Director &
Suzanne Gonzalez, Development Director
5. Granicus Peak Agenda Management System
Regular City Council Meeting Minutes
March 20, 2018
Page 3 of 6
Presented by: Maria E. Ayala, City Clerk
City Clerk Ayala provided a PowerPoint Presentation.
A dialogue ensued between the City Council and City Clerk Ayala regarding other cities that use Granicus and the training provided to staff.
Finance Director William Fox noted that the implementation of the new agenda management
system also reinforced the approvals and internal workflows as compared to the current manual
process. CONSENT CALENDAR
No public comment was provided.
It was moved by Davis and seconded by Woodruff- Perez 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 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:
Regular City Council Meeting Minutes
March 20, 2018
Page 4 of 6
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 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
Regular City Council Meeting Minutes
March 20, 2018
Page 5 of 6
grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary.
Public Works Director Daniel Wall reported on the proposed.
No public comment was provided.
Councilmember Davis inquired as to how long ago the asphalt pavement was replaced, Director
Wall responded with technical information.
It was moved by Martinez and seconded by Davis to accept the bid from Nobest Inc., as the lowest responsive and responsible bidder and reject all other bid and 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 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. Motion carried,
5-0.
Ybarra: Yes Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes
Lopez: Yes
ORAL REPORTS
20. City Administrator Reports – brief reports on activities and other brief announcements.
City Administrator Carlos Fandino reported on the following: provided a PowerPoint Presentation on Outages throughout the City; April 17th Open House for the Fire Department
Regional Training Center; April 19th Annual Saint Baldrick’s fundraiser; various Police incidents
throughout the City; Vote-by-Mail ballots mailed on March 15th; various Election information;
budget review and upcoming presentations; March 22nd Spring Egg-stravaganza; shuttle service
to the Egg-stravaganza event; new resident newsletter; and recent employee informational meetings.
21. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff.
At 9:42 a.m., the City Council entered into closed session to discuss the following agendized
items:
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
Regular City Council Meeting Minutes
March 20, 2018
Page 6 of 6
At 10:09 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported that six items were discussed and that no reportable action was taken.
With no further business, at 10:10 a.m., Mayor Ybarra adjourned the meeting.
________________________
Melissa Ybarra
Mayor ATTEST:
_________________________
Maria E. Ayala City Clerk
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RECEtl/ED
MAR 2 8 2018
CIIY CLERt{'S OFFICE
REoesvEB
man ls eor
STAFF REPORT CItrdomrrursirniiHil
FINANCE DEPARTMENT @ g.Z7-tz
DATE:
TO:
FROM:
RE:
April 3, 201E
Honorable Mayor and City Council - -e'il'{1.
William Fox. Director of Finance ' /
Authorization to Enter into a Services Agreement with Aon Risk Insurance Services
Wes! Inc. (Aon) for Professional Property/Casualty Insurance Broker or Record
Services for Fiscal Years 2019 through 2021
Recommendation
A. Find that entering into a services agreement with Aon Risk Insurance Services West, Inc. (Aon),
an insurance broker to obtain coverage on behalf of the City is exempt under the California
Environmental Quality Act (CEQA). The scope of the work to be performed 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 deFrned by CEQA Guidelines
section 15378. In addition, even if it was determined to be a project, it would be exempt from
CEQA review in accordance with Section 15061(b)(3), the general rule that CEQA only applies
to activities that may have a significant effect on the environment; and
B. Approve a services agreement with Aon, in substantially the same form as submitted herewith, to
perform professional property/casualty insurance broker of record services through fiscal year
2021 for a total amount not to exceed $277,500; and
C. Authorize the City Administrator to execute a three year services agreement with Aon with an
effective date of July l, 2018.
Backsround
Aon has been the sole provider of broker insurance services to the City since July 2013, with a contract
renewal extension being made in July 2017, which will expire on June 30, 2018. They were selected
based upon a Request for Proposal (RFP) process. On January 18, 2018, City staff issued an RFP for
Professional Property/Casualty Insurance Broker of Record services with a submission deadline of
February l, 2018. The RFP notification was sent via email to seven (7) insurance broker firms. Further
outreach was done by posting the RFP on the City's website and advenising for two consecutive weeks in
the Vernon Sun Newspaper. As a result of the outreach effort, five (5) responses were received. The five
insurance broker firms that responded were Alliant lnsurance Services (Alliant), Arthur J. Gallagher
(Gallagher), Aon Insurance Services (Aon), Keenan Associates (Keenan), and HUB International
Insurance (HUB).
Each of the five firms' RFP responses were examined by a panel on the basis of four weighted RFP
criterion of: l) Responsiveness, 2) Qualifications, 3) Cost & Fees, and 4) References. The top three
scoring firms on the proposal responses were then invited for interviews. The three interviewed firms
were Aon, Alliant, and Gallagher. The interview panel consisted of the General Manager of Public
Utilities, Finance Director and Risk Manager. The same series of interview questions were posed to each
of the final three selected brokerage firms in order to gauge understanding of City of Vemon's needs,
expenise of those that would work on the City of Vemon account, and overall knowledge of insurance
coverages and deductibles.
Summarl of Results
B roke r Proposal Intervierr Total Rank
Aon 2'7 ||,425 |,696 I
Alliant 213 1, t95 I ,468 2
Gallagher 214 I ,170 I,444 3
After the initial proposal review, interviews of the top three broker firms, and the scoring results noted
above, Aon was selected as the most qualified and desired recipient of the contract award. Therefore, staff
recommends that Council approve the Service Agreement to Aon for a three year term. The proposed
Services Agreement has been approved to form by the City Attomey's Office.
Fiscal Impact
The total contract cost will be $92,500 a year for a three year term, with a grand total not to exceed
S277,500. The proposed fiscal year 2019 budget has the sufficient funds for the insurance broker services
required. The expense brokerage fee will be budgeted for subsequent years.
Attachments
l. Services Agreement between Aon Risk Insurance Services West, Inc. and the City of Vemon
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND AON RISK
INSURANCE SERVICES WEST, INC. FOR PROFESSIONAL PROPERTY/CASUALTY
INSURANCE BROKER OF RECORD SERVICES
COVEB PAGE
Contractor: Aon Risk lnsurance Services West, lnc.
Responsible Principal of Contractor: William S. Deeb, Director of Public Entities
Notice lnlormation - Contractor: Aon Risk lnsurance Services West, lnc.
707 Wilshire Boulevard, Suite 2600
Los Angeles, CA 90017
Attention: William S. Deeb, Director of
Public Entities
Phone: (213) 200-0080
Email: billy.deeb @ aon.com
Notice lnformation - City: City ot Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Bill Fox
Finance Director
Telephone: (323) 583-881 1 ext. 849
Facsimile: (323) 826-1491
Commencement Date: July 1, 2018
Termination Date: June 30, 2021
Consideration: Total not to exceed $277,5OO (includes all
applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND AON RISK INSURANCE
SERVICES WEST, INC. FOR PROFESSIONAL PROPERW/CASUALTY INSURANCE
BROKER OF RECORD SERVICES
This Contract is made between the City of Vernon ("City"), a California charter City and
California municipal corporation ("City"), and Aon Risk lnsurance Services West, lnc., a
California corporation ("Contractor").
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on April 3, 2018.
2.O SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Request for Proposals issued on or about January 18, 2018, Exhibit "A", and
Contractor's proposal to the City ("Proposal") dated February 1, 2018, Exhibit "B", both of which
are attached to and incorporated into this Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and
satisfactory manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, al its own expense,
all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it under
this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be
fully qualified and authorized or permitted under State and local law to perform such services
and shall be subject to approval by the City.
4.O TERM.
The term of this Contract shall commence on July 1 , 2018, and it shall continue until June 30,
2021 , unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES,
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same seryices. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in
Exhibit "C' attached hereto and incorporated herein by reference.
5.2 Conlractods grand total compensation for the entire term of this Contract
shall not exceed $277,500 without the prior authorization of the City, as appropriate, and written
amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment, and transportation which may be
required for furnishing services pursuant to this Contract. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related
costs and expenses.
5.4 City shall reimburse Contractor only for those cosls or expenses
specifically approved in this Agreemenl, or specifically approved in writing in advance by City.
Unless otherwise approved, such costs shall be limited and include nolhing more than the
following cosls incurred by Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the
services that Contrac{or agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Contractor in the performance of this
Agreement.
5.5 Contractor shall not receive any compensation for extra work performed
without the prior written authorization of City. As used herein, "extra work" means any work that
is determined by City to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services and which the parties did not reasonably anticipate would
be necessary at the time of execution of this Agreement. Compensation for any authorized
extra work shall be paid in accordance with the payment schedule as set forth in Exhibit'C," if
the extra work has been approved by the City.
5.6 Licenses. Permits. Fees. and Assessments. Contractor shall obtain, at
Contractor's sole cost and expense, such licenses, permits, and approvals as may be required
by law for the performance of the services required by this Agreement. Contractor shall have the
sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and
interest, which may be imposed by law and which arise from or are necessary for the
performance of the Services by this Agreement.
6.0 PAYMENT,
6.1 As scheduled services are completed, Contractor shall submit to the
Ci$ an invoice for the services completed, authorized expenses, and authorized extra work
actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
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6.4 Contractor understands and agrees that invoices which lack sufficient
detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after
the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs, and authorized extra work covered by that invoice.
7.O CITY'S RESPONSIBILIry. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's
services.
8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants, and other
staff at all reasonable times.
9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials,
employees and agents against, and will hold and save each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities (herein "claims or liabilities"), including but not limited to
professional negligence, that may be asserted or claimed by any person, firm or entity arising
out of or in connection with the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the acts or
omissions of Contractor hereunder, or arising from Contractor's performance of or failure to
perform any term, provision, covenant or condition of this Agreement, except to the extent such
claims or liabilities arise from the gross negligence or willful misconduct of City, its officers,
elected officials, agents or employees.
10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set forth below, for the duration of the
Contract, including any extensions thereto. The policies shall state that they afford primary
coverage.
10.1 Automobile Liability with minimum limits of at least $1,000,000, including
owned, hired and non-owned liability coverage if written on a Commercial automobile liability
form.
1O.2 General Liability with minimum limits of at least $1,000,000 per
occurrence with a combined aggregate of $2,000,000 written on an lnsurance Services Office
(lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of
Vernon, its directors, commissioners, officers, employees, agents and volunteers must be
endorsed on the policy as additional insureds as respects liability arising out ofthe Contracto/s
performance of this Contract
10.3 lf Contractor employs other contractors as part ofthe services rendered,
Contrac{o/s Protective Coverage is required. Contractor may include all subcontractors as
insureds under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth herein.
1O.4 Professional Enors and Omissions coverage of at least $2,000,000.
10.5 Contractor shall comply with the applicable sections of the California
Labor Code concerning workers' compensation for injuries on the job. Compliance is
accomplished in one of the following manners:
(D Provide copy of permissive self-insurance certificate approved by the
State of California; or
(iD Secure and maintain in force a policy of workers' compensation insurance
with statutory limits and Employer's Liability lnsurance with a minimal limit
of $1,000,000 per accident. The policy shall be endorsed to waive all
rights of subrogation against City, its directors, commissioners, officers,
employees, and volunteers for losses arising from performance of this
Contracli or
(iiD Provide a "waiver" form certifying that no employees subject to the Labor
Code's Workers' Compensation provision will be used in performance of
this Contracl.
10.6 Each insurance policy included in this clause shall be endorsed to state
that coverage shall not be cancelled except afier thirty (30) days' prior written notice to City.
10.7 lnsurance shall be placed with insurers with a Best's rating of at least A-
vil.
10.8 Prior to commencement of performance, Contractor shall furnish City with
a certmcate of insurance for each policy. Each certificate is to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by
City. City may require complete, certified copies of any or all policies at any time.
10.9 Failure to maintain required insurance at all times shall constitute a
default and material breach. ln such event, Contractor shall immediately notify City and cease
all performance under this Contract until further directed by the City. ln the absence of
satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection
rights for premiums, attomey's fees and costs against Contractor by way of set-off or
recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract;
or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or
otheMise, including attorney's fees and costs, being collectible from Contractor, by way of set-
off or recoupment from any sums due Contractor.
11,0 GENERAL TERMS AND CONDITIONS.
11.1 INDEPENDENTCONTRACTOR.
11.1.1 lt is understood that in the performance ofthe services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer
or employee of City and shall furnish such services in its own manner and method except as
required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has
and shall retain the right to exercise full control over the employment, direction, compensation
and discharge of all persons employed by Contractor in the performance ofthe services
hereunder. City assumes no liability for Contracto/s actions and performance, nor assumes
responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for
Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save
City harmless from all matters relating to the payment of its employees, subcontractors and
independent contractors, including compliance with social security, withholding and all other
wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
1 1 . 1 .2 Contractor acknowledges that Contrac{or and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term
disability or workers' compensation insurance benefits.
'11.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 OWNERSHIP OF WORK. All documents and materials furnished by the
City to Contractor shall remain the property of the City and shall be returned to the City upon
termination of this Agreement. All reports, drawings, plans, specificalions, computer tapes,
floppy disks and printouts, studies, memoranda, computation sheets, and other documents
prepared by Contractor in furtherance of the work shall be the sole property of City and shall be
delivered to Crty whenever requested at no additional cost to the City. Contractor shall keep
such documents and materials on file and available for audit by the City for at least three (3)
years afler completion or earlier termination of this Contract. Contraclor may make duplicate
copies of such materials and documents for its own files or for such other purposes as may be
authorized in writing by the City.
11 .4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services furnished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects,
inaccuracy, or incompleteness.
1 1.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its
work and results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City, regarding any services rendered under this
Agreement at no additional cost to City, ln the event that an error or omission attributable to
Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design
drawings, estimates and other Contractor professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
1 1.6 WAIVER. The City's waiver of any term, condition, breach, or default of
this Contract shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any
time to require performance or compliance by the other of any of its obligations or agreements
shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a
duly authorized representalive of the party against whom enforcement of a waiver is sought.
11.7 SUCCESSORS. This Contrac{ shall inure to the benefit of, and shall be
binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
obligataons under this Contract. No assignment shall release the original parties from their
obligations or otherwise constitute a novation.
1 1.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereof, including but without
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and othenrvise pursue its remedies.
Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and
regulations Contractor shall be solely responsible for all costs arising therefrom.
1 'l .10 ATTORNEY'S FEES. lf any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
11.11 INTERPRETATION.
11.11.1 Apolicable Law. This Contract shall be deemed a contract and
shall be governed by and construed in accordance with the laws of the State of California.
Contractor agrees that the State and Federal courts which sit in the State of California shall
have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to
the jurisdiction thereof.
11.11.2 Entire Aoreement. This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject matter and supersedes all prior or contemporaneous negotiations,
representations, understandings, correspondence, documentation, and agreements (wriften or
oral).
11.11.3 Written Amenglq!. This Contract may only be changed by
written amendment signed by Contractor and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any oral
10
representations or modifications concerning this Contract shall be of no force or effect.
11.11 .4 Severabilitv. lf any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Contract, and the remaining provisions shall nevertheless continue in
full force and effect as fully as though such invalid, illegal, or unenforceable portion had never
been part of this Contract.
'1 1 .1 1 -5 Order of Precedenc€. ln case of conflict between the terms of
this Contract and the terms contained in any document attached as an Exhibit or otherwise
incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's
Request for Proposals shall control over the Contractor's Proposal.
1 1 . 1 1 .6 Duolicate Orioinals. There shall be two (2) fully signed copies
of this Contract, each of which shall be deemed an original.
11 .11.7 Construction. ln the event an ambiguity or question of intent
or interpretation arises with respect to this Agreement, this Agreement shall be construed as if
drafred jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the authorshrp of
any of the provisions of this Agreement,
1 1.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term, and provision hereof.
1 1 .13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity, and authority to
enter into and perform its obligations under this Contract, and its execution of this Contracl has
been duly authorized.
1 1 .14 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration Association at Los Angeles, California
11
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of
any claim filed or required to be filed against the City and reserves the right to conduct full
discovery.
'l 1.15 NOTICES. Any notice or demand to be given by one party to the other
must be given in writing and by personal delivery or prepaid firslclass, registered or certified
mail, addressed as follows. Notice simply to the City of Vernon or any other City department is
not adequate notice.
lf to the City:
City of Vemon
Attention: Bill Fox, Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
lf to the Contractor:
Aon Risk lnsurance Services West, lnc.
Attention: William Deed, Director of Pubtic Entities
707 Wilshire Boulevard, Suite 2600
Los Angeles, CA 90017
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date
of posting, whichever is earlier- Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to
this Agreement.
11.17 TERMINATION FOR CONVENTENCE o/Vtthout Cause). City may
12
terminate this Contract in whole or in part at any time, for any cause or without cause, upon
fifieen (15) calendar days' written notice to Contractor. lf the Contract is thus terminated by City
for reasons other than Contractods failure to perform its obligations, City shall pay Contractor a
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractor's exclusive remedy for
termination without cause.
1 1 .18 DEFAULT. ln the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The nolice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effective date of termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice. ln case of
default by Contractor, the City reserves the right to procure the goods or services from other
sources and to hold the Contractor responsible for any excess costs occasioned to the City
thereby, Contractor shall not be held accountable for additional costs incuned due to delay or
default as a result of Force Majeure. Contractor must notify the City immediately upon knowing
that non-performance or delay will apply to this Contract as a result of Force Majeure. At that
tlme Contractor is to submit in writing a Recovery Plan for this Contract. lf the Recovery Plan is
not acceptable to the City or not received within 10 days of the necessary notification of Force
Majeure default, then the city may cancel this order in its entirety at no cost to the Cily, owing
only for goods and services completed to that point.
1 1 .1 9 TERMINATION FOR CAUSE. Termination for cause shall relieve the
terminating party of further liability or responsibility under this Contract, including the payment of
money, except for payment for services satisfactorily and timely performed prior to the service of
the notice of termination, and except for reimbursement of (1) any payments made by the City
for service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute performance. lf this Agreement is terminated as
provided herein, City may require, at no additional cost to City, that Contractor provide all
'13
finished or unfinished documents, data, and other information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contrac'tor
shall be required to provide such document and other information within fifteen (15) days of the
request.
1 1.19.1 Additional Serviqq. ln the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
1 1.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any ofthe Contractods records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a period
of at least three (3) years after termination of the Contrac{.
The Contractor shall maintain all such records in the City of Vemon. lf
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
11.21 CONFLICT. Contraclor hereby represents, warrants, and certifies that no
member, officer, or employee of the Contractor is a director, officer, or employee of the City of
Vernon, or a member of any of its boards, commissions, or committees, except to the extent
permitted by law.
11.22 HEADINGS. Paragraphs and subparagraph headings contained in this
14
Agreement are included solely for convenience and are not intended to modify, explain or to be
a full or accurate description of the content thereof and shall not in any way affect the meaning
or interpretation of this Agreement.
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execulion of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of I hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of 8 hours per day at not less than 1% times the
basic rate of pay.
11.24 LIVING WAGES. Contractor, and any Subcontractor(s), shalt compty
with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in
Exhibit "C". Upon the City's request, certified payroll records shall promp y be provided to the
City
11.25 EQUAL EMPLOYMENT OPPORTUNTW PRACTTCES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national ongin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities_ Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit "D".
[Signatures Begin on Next Page].
15
lN WITNESS WHEREOF, the Parties have signed this Agreement as of the
Commencement Date stated on the cover page.
City of Vernon, a California charter City Aon Risk lnsurance Services West, lnc., a
andCaliforniamunicipalcorporation Californiacorporation
Carlos Fandino, City Adminiskator
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
By:
Name:
Ti e:
By:
Name:
Title:
'16
EXHIBIT A
REQUEST FOR PROPOSALS
17
City of Vernon
Request for Proposals (RFP)
Professional Property/ Casualty
Insurance Broker of Record
City of Vernon
Finance Department
4305 Santa Fe Avenue, Vernon, CA 90058
Phone: (323) 583-8811
City of Vernon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
1. INTRODUCTION ANO PROJECT
The City of Vernon is requesting proposals for a Professional Property/Casualty
lnsurance Broker of Record. The City is currently a setf-funded entity with its contract for
Professional Property/Casualty lnsurance expiring July 1 , 2018.
The City will select one broker best qualified to represent the insurance interests of the
City of Vernon. As this is a broker RFP, insurance/risk management consultants and
caniers will not be constdered.
2. BACKGROUND
The City of Vernon was founded in '1905, is approximately 5.2 square miles in size and
is located approximately 5 miles southeast of downtown Los Angeles California. Over its
long history, Vernon has been developed as an industrial community. At the turn of the
20"' century the lands that make up Vernon were comprised largely of farmlands. The
presence of three major rail lines in the area led influential business and property owners
to encourage the railroad companies to run spur lines onto the farmlands. These rail
extensions enabled the creation of an "exclusively industrlal" city. By the 1920's, Vernon
was attracting large stockyards and meatpacking facilities. ln the 1930's, Vemon
became the location of choice for many heavy industrial plants. As economic conditions
changed over the decades, these large scale industrial operations have relocated out of
Southern California and Vernon has attracted smaller, lighter industrial facilities. The
City's business friendly environment, low cost utilities and key location for trucking and
rail transport continue to position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected at-large, who
serve five-year staggered terms. The City Council annually appoints a Mayor and a
Mayor Pro Tem from its own membership to serve on+.year terms.
Labor Force: Vernon has approximately 280 employees, and its departments include a
Fire Department, Police Department, Finance Department, Public Works Department,
Public Utilities Department and Health and Environmental Control Department. present
bargaining units recognized include the Vemon Police Offlcers Benefit Association,
Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire
Management Association, lnternational Brotherhood of Electrical Workers Local 47, and
Teamsters Local 91 1.
3. PURPOSE OF RFP
The purpose of the RFP is to provide prospective firms with essential information to
enable them to prepare and submit proposals responsive to the following areas: annual
marketing of our insurance program; responding to the daily service needs of the City of
Vernon, loss control, claims servicing and administration. The City's current insurance
expires July 1, 2018.
Page2ofll
City ofVernon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
4. SCOPE OF SERVICES REQUIRED
The City of Vernon seeks an appropriate and qualified expert professional
Property/Casual lnsurance Broker of Record (hereinafter known as Broker) to respond to
the following scope of services:
Proposals should address each of the following services, with the cost of the services
submitted on a separate sheet:
7.
Assign experienced staff immediately upon proposal acceptance to assess the
City's insurance needs and provide recommendations regarding the appropriate
types of insurance for the City, the levels of coverage necessary to protect the
City from reasonable risks, the levels of deductible for each policy to provide the
best balance of risk limitation and lower premium and such other factors as the
broker shall recommend.
Based on the insurance coverage selected by the City, organize, develop and
present to markets the City's insurance coverage requirements and obtain bids
from responsible insurers for that coverage. Evaluate those bids and present to
the City the package of insurance policy terms, conditions and premiums that
best reflects the goals and objectives of the City.
Represent the City, as directed, in any negotiations with insurers or prospective
insurers and other parties regarding insurance matters.
Administer claims submittals, if any, from the City in a manner best representing
the interests of the City.
Be responsible for notifying the City of invoicing of premiums for all outstanding
policies to assure that no policy lapses inadvertently because the City is
unaware that an invoice is due
Meet with the City at least semi-annually to review the outstanding coverage of
the City to assure the City maintains appropriate levels of insurance and notify
the city of any new developments in lhe industry or markets generally that effect
the City in any way or that impact the insurance coverage or policies sought by
the City.
Solicit quotes from multiple insurers at the time of any renewal upon request of
the City.
Provide lhe city with an annual report within 45 days of the end of the City's
fiscal year, detailing a schedule of the policies in force, the coverage amounts,
deductible amounts, premiums paid and fees and commissions (including
bonuses or other supplemental, value or loss-related commrssions or payments)
received by the lnsurance Broker in connection with each policy. Provide an
outlook for the coming year's market conditions.
1
4.
(
o
Page3ofll
City ofVemon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
L Proposals submitted by insurance carriers shall be evaluated by the Agent
relative to compliance with insurance specifications, cost and ability of each
carrier to perform as required including relative solvency.
10. Examine and provide issued policies and bonds for conformance with the City of
Vernon's specifications and the canier's proposal.
'l 1. Assist the City of Vernon in determining funding mechanisms for new or newly
discovered exposures.
12. Assist the City of Vernon in drafting insurance specifications for contracts and
agreements as requested.
13. Provide assistance in tandem with the City of Vemon's legal counsel.
14. Provide insurance certificates, as needed, to others pertaining to the City of
Vernon's coverage.
15. The primary account representative and other account team members for the
insurance Broker shall be reasonably available to the City and its staff to
address questions related to this account and any matter within the scope of
services.
The Broker or the City may propose additional tasks as deemed necessary to
complete the assignment.
QUALIFICATIONS & CRITERIA
Qualifications: The City of Vernon will select one firm for all of the outlined Scope
of Service on the basis of qualifications, experience, and cost. The following are the
minimum qualifications to be used to evaluate responses to this Request for
Proposals:
'1. The proposer has advanced knowledge ofthe laws and practices relating to
professional property and casualty insurance brokering services, loss
control, claims servicing and administration within a municipal government
setting. These include some articulated knowledge of the laws governing
each of the Service Areas for which the proposer wishes to be considered.
2. The proposer has a demonstrated track record of success in handling all
aspects of the services being proposed and at least five (5) years providing
these services to public entities in the state of California
3. Each proposer shall provide three references, preferably from governmental
entaties, for relevant work performed in the past five years. When possible,
include references from cities of a similar size and character to Vernon. lf
the proposer does not have three governmental entity references,
references from private entities may be provided.
5.
1.
Page4ofll
City of Vernon Professional Property/Casualty lnsurance Broker of Record Request for
Proposals
4. The proposer can demonstrate understanding of the assignment and
knowledge of the skills necessary to serve in the role of Property/Casualty
lnsurance Broker including demonstrated access to the domestic and
international market.
2. Selection Criteria: The City will conducd a comprehensive, fair, and impartial
evaluation of proposals received in response to this RFP. All proposals received
will be reviewed and evaluated by a committee of qualified personnel. The name,
information, or experience of the individual members will not be made available to
any proposer. The Evaluation Committee will first review and screen all proposals
submitted, except for the cost proposals, accordang to the minimum qualifications
set forth above. The following criteria will be used in reviewing and comparing the
proposals and in determining the highesl scoring bid:
1. 40% Qualifications, background and pnor experience of the firm in the
Service Area(s) being proposed, experience of key staff assigned to
oversee seryices provided to Vernon, evaluation of size and scope of
similar work performed and success on that work.2. 3OYo Cost and fees to the City for handling matters. Cost is not the sole
determining factor but will be taken into consideration. Proposer must
offer services at a rate comparable to the rate proposer offers to other
governmental entities for similar work. Offering a higher rate to the City
than the comparable rate is grounds for disqualification of the Proposer.
lf rates differ for different types or levels of service, or for different
Service Areas, the Proposer should so state.3. lOYo Responsiveness to the RFP, and quality and responsiveness of the
proposal.4. 20% References including past performance of proposer.
6. FORMAT AND DELIVERY OF RESPONSE
Respondents are asked to submit one (1) unbound original, four (4) hard copies and one
(1) electronic copy (via email to ivaldez@ci vernon.ca.us) of their proposals in sufflcient
detail to allow for a thorough evaluation and comparative analysis. The proposal should
include, at a minimum, the following information in sectionalized format addressing all
phases of the work in the RFP.
A. Format: Limit your proposal to 20 typed 8.5' X 11" pages, or fewer, on white
bond paper of at least 2o-pound weight single sided (excluding cover letter and
attachments. You may aftach a firm brochure if you wish, but it must be as a
separate aftachment and independent from the required elements noted above.
1. Use a conventional typeface with a minimum font size of 12 points. Use a
1'margin on all boarders
2. Otganize your submittal in the order described above.
Page5ofll
B
City of Vemon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
3. Prominently label the package: "RFP for Professional PropertyiCasualty
lnsurance Broker" and include the name of the primary contact for the
respondent.
Deliver the response to:
City of Vernon
Attention: Bill Fox, Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
4. Responses are due on or before 5:00 p.m. on February 1, 2018. Late
response will not be accepted.
5. Monday, January 29, 2018 at 5:00p.m. is the deadtine to submit any
questions to Vernon regarding the RFP. Questions regarding the RFp
should be sent solely via email to jvaldez@ci.vernon.ca. us. please note
that any questions asked and any response provided by Vernon will be
sent to every person who will be submitting a proposal, to the extent the
City is aware of them.
Cover Letter: All proposals shall include a cover letter which states that theproposal shall remain valid for a period of not less than ninety (90) days from the
date of submittal. lf the proposal contemplates the use of sub-contractors, the sub-
contractors shall be identified in the cover letter. lf the proposal is submitted by a
business entity, the cover letter shall be signed by an officer authorized to
contractually bind the business entity. With respecl to the business entity, the
cover letter shall also include: the identification of the business entity, including the
name, address and telephone number of the business entity; and the name, tifle,
address and telephone number of a contact person during the proposal evaluation
period.
lntroduction: Present an introduction of the proposal and your understanding of
the assignment and significant steps, methods and procedures to be employed bythe proposer to ensure quality deliverables that can be delivered within the
required time frames and your identified budget.
General Scope of Work: Briefly summarize the scope of work as the proposer
perceives or envisions it for each Service Area proposed.
Work PIan: Present concepts for conducting the work plan and intenelationship ofall projects. Define the scope of each task including the depth and scope of
analysis or research proposed.
Fees and costs: Although an important aspect of consideration, the financial cost
estimate will not be the sole justification for consideration. Negotiations may or
may not be conducted with the proposer; therefore, the proposal submitted should
contain the proposer's most favorable terms and conditions, since selection and
award may be made without discussion with any firm. All prices should reflect,,not
to exceed" amounts per item. Proposer must offer services at a rate comparable to
F,
D
E.
Page6ofll
City of Vernon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
the rate proposer offers to other governmenlal entities for similar work. Offering a
higher rate to the City than the comparable rate is grounds for disqualification of
the Proposer.
G. Ability of the Proposer to Perform: Provide a detailed description of the proposer
and his/her/its qualificalions, including names, titles, detailed professional resumes
and past experience in similar work effortyproducts of key personnel who will be
working on the assignment. Provide a list of specific related work pro,ects that
have been completed by the proposer which are directly related to the assignment
described in this RFP. Note the specific individuals who completed such project(s).
ldentify role and responsibilaty of each member of the project team. lnclude the
amount of tame key personnel will be involved in the respective portions of the
assignment. Respondents are encouraged to supply relevant examples of their
professional product. Provide a list of references.
The selected firm shall not subcontract any work under the RFP nor assign any
work without the prior wraften consent of the City.
H Access to lnsurance Markets: Provide a list in order of preference from most to
least preferred of the insurance markets you would seek to access on behalf of the
City of Vernon for each of the following:
Property and Casualty
Fidelity Bond/Mortgage Bankers Liability
General Liability
Umbrella
Automobile Usage
l. Affidavit of Non-Collusion. Proposer must submit a completed and signed,
"Affidavit of Non-Collusion." (Copy attached as Exhibit A).
7. ADDENDA. CHANGES. AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes,
amendments, and addenda to this solicitation, including changing the date due to allow
respondents time to address such changes. Addenda, changes, and amendments, if
made, will be posted on the City's website (www.cityofvernon.org), which is deemed
adequate notice. A proposer may make a request to the City's project coordinator to be
placed on a list of persons to receive notice of any such addenda, changes, or
amendments. The preferred manner of communications is via e-mail due to its
timeliness.
8. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual
relationship between the respondent and the City.
1
2
3
4
5
PageTofll
City of Vernon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
B. This RFP does not obligate the City to establish a list of service
providers qualified as prime contractors, or award a contract to
any respondent. The City reserves the right to amend or cancel
this RFP without prior notice, at any time, at its sole discretion.
C. The City shall not be liable for any expenses incuned by any
individual or organization in conneclion with this RFP.
D. No conversations or agreements with any officer, agent, or
employee of the City shall affect or modify any terms of this RFP.
Oral communications or any written/e.mail materials provided by
any person other than designated contact staff of City shall not be
considered binding-
E. The City reserves the right, in its sole discretion, to accept or
reject any or all Proposals without prior notice and to waive any
minor irregularities or defects in a Proposal. The City reserves the
right to seek clarmcation on a Proposal with any source.
F. The dates, times, and sequence of evenls related to this RFP
shall ultimately be determined by the City. The schedule shown
above is subject to change, at the sole discretion of the City,
although the City will aftempt to follow it and, if it must be altered,
will attempt to provide reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this
RFP, or the City without prior written approval of the City.
H- All submitted proposals and information included therein or
attached thereto is sub,ect to the California Public Records Act
and may be subject to review in the event of an audit.
9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
10. LIVING WAGE ORDINANCE
The selected consultant shall pay qualifying employees a wage of not less than $10.30
per hour with health benefits, or $1 1 .55 per hour without health benefits- The consultant
shall also provide qualifylng employees at least twelve days off per year for sick leave,
vacation or personnel necessity, and an additional ten days a year of uncompensated
time for sick leave. There shall be a prohibition on an employer retaliation against an
employee's complaining to the City with regard to the employer's compliance with the
living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the
City's Living Wage Ordinance. The current Living Wage Standards are set forth in
Exhibit "D" of the standard form contrac{, attached hereto as Exhibit B. Upon the City's
request, certified payroll records shall promptly be provided to the City
Page 8 of ll
Cityof Vemon Professional Propeny/Casualty Insurance Broker of Record Request for
Proposals
11. STANDARDTERMSANDCONDITIONS
Prior to the award of any work hereunder, City and proposer shall enter into the written
contrac{ for services attached hereto as Exhibit B. Proposers responding to this RFP
are strongly advised to review all the terms and conditions of the Contract. The term of
the Contrac{ shall not exceed three (3) years.
Page9ofll
City of Vemon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
EXHIBIT A
AFFIDAVIT OF NON-COLLUSION
Page l0 of I I
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
, being first duly swom deposes
and says that he/she is
of
(lNcn Bm.ofbddd)
who submis herewith to the City of Vemon a bid/pmposal;
That all statements of fact in such bid/proposal are true;
That such bid/proposal was not made in the interest of or on behalf of any undisclosed person,
partnemhip. company, association, organization or corporationl
That such bid/proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
aftemptd to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or
anyone else interested in the proposed contract; and funher
That prior to the public opening and reading of bids/proposals, said bidder:
a Did not directly or indirectly, induce or solicit anyone else to submit a false or sham
bid/proposal ;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham bid,/proposal, or that anyone should refrain
fiom bidding or withdraw hisfter bid./proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference
with anyone to raise or fix the bid,/proposal price ofsaid bidder or of anyone else, or to raise or
fix any overhead, profit or cost element ofhis/her bid/proposal price, or ofthat ofanyone else;
d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or
the contents thereof, or dirllge information or data relative thereto, to any corporation,
partnership, company, association, organizatiorl bid depository, or to any member or agent
thereo| or to any individual or group ofindividuals, except the City ofVemon, or to any person
or persons who have a parmership or other financial interest with said bidder in hisfter business.
I certiS under penalty ofperjury that the above information is correct
Br':
)
)ss
)
{lns.n "Sol. O$nc/'Pann.r' -Prndc - S.cltr.r}_- ororher proF rrlc)
Title:
Date:
March 20ll
City of Vemon Professional Property/Casualty Insurance Broker of Record Request for
Proposals
EXHIBIT B
STANDARD FORM CONTRACT
Pagellofll
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR PROFESSIONAL PROPERTY/CASUALTY INSURANCE BROKER OF
RECORD SERVICES
COVER PAGE
Contractor: [insert name of contractor]
Responsible Principal of Contractor. [insert name, title]
Notice lnformation - Contractor: [insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, titlel
Phone: [insert phone number]
Facsimile: [insert fax number]
Notice lnformation - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [insert department head]
[insert department head title]
Telephone: (323) 58$8811 ext. [insert]
Facsimile: [insert fax number]
commencement Date: [insert commencement date]
Termination Date: [insert termination date]
Consideration: Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 1 1.20
December 2017
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME]
FOR PROFESSIONAL PROPERVCASUALTY INSURANCE BROKER OF RECORD
SERVICES
This Contracl is made between the City of Vemon ('City), a California charter City and
California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in]
corporation ("Contractor").
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on
2.O SCOPE OF SERVICES,
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Request for Proposals dated , Exhibit "A", and Contracto/s proposal to
the City ("Proposal") dated Exhibit "8", both of which are aftached to and
incorporated into this Contrac{, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and
satisfactory manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own expense,
all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it under
this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by City-approved subcontrac{ors. Contractor, and all personnel engaged in the work, shall be
fully qualified and authorzed or permitted under State and local law to perform such services
and shall be subject to approval by the City.
4.O TERM.
Dec€mber 2017
The term of this Contract shall commence on [state date], and it shall continue until [state
date which may not b€ more than three years from the commencement datel, unless
terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in
Exhibit 'C" attached hereto and incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Contract,
shall not exceed Istate amount] without the prior authorization of the City, as appropriate, and
written amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment, and transportation which may be
required for furnishing services pursuant to this Contrac{. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related
costs and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing more than the
following costs incurred by Contractor:
5.4.1 The actual costs of subcontractors for performance ofany of the
services that Contractor agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduc{ion charges.
Dec€mber 2017
5.4.3 Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Contractor in the performance of this
Agreement.
5.5 Contractor shall not receive any compensation for extra work performed
without the prior written authorization of City. As used herein, "extra work" means any work that
is determined by City to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services and which the parties did not reasonably anticipate would
be necessary at the time of execution of this Agreement. Compensation for any authorized
enra work shall be paid in accordance with the payment schedule as set forth in Exhibit "C," if
the extra work has been approved by the City.
5.6 Licenses. Permits. Fees. and Assessments. Contractor shall obtain, at
Contracto/s sole cost and expense, such licenses, permits, and approvals as may be required
by law for the performance of the services required by this Agreement. Contractor shall have the
sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and
interest, which may be imposed by law and which arise from or are necessary for the
performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized extra work
actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
December 20174
6.4 Contraclor understands and agrees that invoices which lack sufficient
detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after
the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs, and authorized exlra work covered by that invoice.
7 .O CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's
seryrces.
8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants, and other
staff at all reasonable times.
9.0 lNDEMNlry. Contractor agrees to indemnify City, its officers, elected officials,
employees and agents against, and will hold and save each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities (herein "claims or liabilities"), including but not limited to
professional negligence, that may be asserted or claimed by any person, firm or entity arising
out of or in connection with the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invatees, provided for herein, or arising from the acts or
omissions of Contractor hereunder, or arising from Contractor's performance of or failure to
perform any term, provision, covenant or condition of this Agreement, except to the exlent such
claims or liabilities arise from the gross negligence or willful misconduct of City, its officers,
elected officials, agents or employees.
10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set forth below, for the duration of the
Contract, including any extensions thereto. The policies shall state that they afford primary
December 2017
coverage.
10.1 Automobile Liability with minimum limits of at least $1,000,000, including
owned, hired and non-owned liability coverage if written on a Commercial automobile liability
form.
10.2 General Liability with minimum limits of at least $1,000,000 per
occurrence with a combined aggregate of $2,000,000 wriften on an lnsurance Services ffice
(lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of
Vernon, its directors, commissioners, officers, employees, agents and volunteers musl be
endorsed on the policy as additional insureds as respects liability arising out of the Contractor's
performance of this Contract.
10.3 lf Contractor employs other contractors as part of the services rendered,
Contractor's Protective Coverage is required. Contractor may include all subcontractors as
insureds under its own policy or shall furnish separate insurance for each subcontractor,
meeting the requirements set forth herein.
10.4 Professional Enors and Omissions coverage of at least $2,000,000.
10.5 Contractor shall comply with the applicable sections of the California
Labor Code concerning workers' compensation for injuries on the job. Compliance is
accomplished in one of the following manners:
(D Provide copy of permissive self-insurance certificate approved by the
State of California; or
(ii) Secure and maintain in force a policy of workers' compensation insurance
with statutory limits and Employefs Liability lnsurance with a minimal limit
of $1 ,000,000 per accident. The policy shall be endorsed to waive all
rights of subrogation against City, its directors, commissioners, officers,
employees, and volunteers for losses arising from performance of this
Contract; or
December 2017
(iiD Provide a "waiver" form certifying that no employees subject to the Labor
Code's Workers' Compensation provision will be used in performance of
this Contract.
10.6 Each insurance policy included in this clause shall be endorsed to state
that coverage shall not be cancelled except afler thirty (30) days' prior written notice to City.
1O.7 lnsurance shall be placed with insurers with a Best's rating of at least A-
vil.
10.8 Prior to commencement of performance, Contractor shall furnish City with
a certificate of insurance for each policy. Each certificate is to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by
City. City may require complete, certified copies of any or all policies at any time.
10.9 Failure to maintain required insurance at all times shall constitute a
default and material breach. ln such event, Contractor shall immediately notify City and cease
all performance underthis Contract until further directed by the City. ln the absence of
satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection
rights for premiums, attomey's fees and costs against Contractor by way of set-off or
recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract;
or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or
otheMise, including atlorney's fees and costs, being collectible from Contractor, by way of set-
off or recoupment from any sums due Contractor.
11.0 GENERALTERMSANDCONDITIONS.
11.1 INDEPENDENTCONTRACTOR.
1 1 .'1 .1 lt is understood that in the performance of the services herein
provided for, Contraclor shall be, and is, an independent contractor, and is not an agent, officer
or employee of City and shall furnish such services in its own manner and method except as
required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has
and shall retain the right to exercise full control over the employment, direction, compensation
December 20177
and discharge of all persons employed by Contraclor in the performance of the services
hereunder. City assumes no liability for Contracto/s ac{ions and performance, nor assumes
responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for
Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save
City harmless from all matters relating to the payment of its employees, subcontractors and
independent contractors, including compliance with social security, withholding and all other
wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.1.2 Contractor acknowledges that Contraclor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term
disability or workers' compensation insurance benefits.
11.2 CONTRACTOR NOT AGN. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 OWNERSHIP OF WORK. All documents and materials furnished by the
City to Contractor shall remain the property of the City and shall be returned to the City upon
termination of this Agreement. All reports, drawings, plans, specifications, computer tapes,
floppy disks and printouts, studies, memoranda, computation sheets, and other documents
prepared by Contractor in furtherance of the work shall be the sole property of City and shall be
delivered to City whenever requested at no additional cost to the City. Contractor shall keep
such documents and materials on file and available for audit by the City for at least three (3)
years after completion or earlier termination of this Contract. Contractor may make duplicate
copies of such materials and documents for its own files or for such other purposes as may be
authorized in writing by the City.
December 2017
11.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services fumished by Contractor
shall not relieve the Contractor from the obligation to conecl subsequently discovered defects,
inaccuracy, or incompleteness.
1 1.5 RESPONSIBILITY FOR EEreBS. Contractor shall be responsible for its
work and results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City, regarding any services rendered under this
Agreement at no additional cost to City. ln the event that an error or omission attributable to
Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design
drawings, estimates and other Contractor professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
11.6 WAIVER. The City's waiver of any term, condition, breach, or default of
this Contract shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any
time to require performance or compliance by the other of any of its obligations or agreements
shall in no way be deemed a waiver of those rights to require such performance or complianc€.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a
duly authorized representative of the party against whom enforcement of a waiver is sought.
11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be
binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
December 2017
obligations under this Contrac{. No assignment shall release the original parties from their
obligations or otherwise constitute a novation.
11.9 COMPLIANCE WITH LAUE. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereof, including but without
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies.
Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and
regulations Contractor shall be solely responsible for all costs arising therefrom.
1 1.10 ATTORNEY'S FEES. lf any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
aftorney's fees, costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
11.11 INTERPRETATION.
11.11.1 Aoolicable Law. This Contract shall be deemed a contract and
shall be governed by and construed in accordance with the laws ofthe State of California.
Contractor agrees that the State and Federal courts which sit in the State of California shall
have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to
the jurisdiction thereof.
11.11 .2 Entire Aoreement. This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject matter and supersedes all prior or contemporaneous negotiations,
representations, understandings, correspondence, documentation, and agreements (written or
oral).
11.11.3 Wriften Amendmenl. This Contract may only be changed by
written amendment signed by Contractor and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any oral
'10 December 2017
representations or modifications concerning this Contract shall be of no force or effect.
11.11.4 SeverabiliN. lf any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Contract, and the remaining provisions shall nevertheless continue in
full force and effect as fully as though such invalid, illegal, or unenforceable portion had never
been part of this Contract.
11.11.5 Order of Precedence. ln case of conflict between the terms of
this Contract and the terms contained in any document attached as an Exhibit or otherwise
incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's
Request for Proposals shall control over the Contractor's Proposal.
1 1 .1 1 .6 Duolicate Orioinals. There shall be two (2) fully signed copies
of this Contract, each of which shall be deemed an original.
'11.11.7 Construction. ln the event an ambiguity or question of intent
or interpretation arises with respect to this Agreement, this Agreement shall be construed as if
drafied jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of
any of the provisions of this Agreement.
11.12 TIMEOFESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term, and provision hereof.
11.13 AUTHORITY OF CONTMCTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity, and authority to
enter into and perform its obligations under this Contract, and its execution of this Contrac{ has
been duly authorized.
11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration Association at Los Angeles, California
11 December 2017
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufflciency of
any claim filed or required to be filed against the City and reserves the right to conduct full
discovery.
11.15 NOTICES. Any notice or demand to be given by one party to the other
must be given in writing and by personal delivery or prepaid first-class, registered or certified
mail, addressed as follows. Notice simply to the City of Vernon or any other City department is
not adequate notice.
lf to the City:
City of Vernon
Attention:
4305 Santa Fe Avenue
Vernon, CA 90058
lf to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date
of posting, whichever is earlier. Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
11.16 NO THIRD PARTY RIGHI9. This Agreement is enlered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to
this Agreement.
11.17 TERMINATION FOR CONVENIENCE AArrthout Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon
fifteen (15) calendar days' written notice to Contractor. lf the Contract is thus terminated by City
for reasons other than Contracto/s failure to perform its obligations, City shall pay Contractor a
12 Oecember 2017
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractol,s exclusive remedy for
termination without cause.
11.18 DEFAULT- ln the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The notice shall specify the basis for the default. The Contracl shall
terminate unless such default is cured before the effective date of termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice. ln case of
default by Conhactor, the City reserves the right to procure the goods or services from other
sources and to hold the Contractor responsible for any excess costs occasioned to the City
thereby. Contractor shall not be held accountable for additional costs incurred due to delay or
default as a result of Force Majeure. Contractor must notfy the City immediately upon knowing
that non-performance or delay will apply to this Contract as a result of Force Majeure. At that
time Contractor is to submit in writing a Recovery Plan for this Contract. lf the Recovery Plan is
not acceptable to the City or nol received within 10 days of the necessary notification of Force
Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing
only for goods and services completed to that point.
11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the
terminating party of further liability or responsibility under this Contract, including the payment of
money, except for payment for services satisfactorily and timely performed prior to the service of
the notice of termination, and except for reimbursement of (1) any payments made by the City
for service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute performance. lf this Agreement is terminated as
provided herein, City may requare, at no additional cost to City, that Contractor provide all
finished or unfinished documents, data, and other information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contractor
IJ December 2017
shall be required to provide such document and other information within fifteen (15) days of the
request.
11.19.1 Additional Services. ln the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
1 1.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any ofthe Contractois records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled underthe Contract or
for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a period
of at least three (3) years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon. lf
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
1 1 .21 CONFLICT. Contractor hereby represents, warrants, and certifies that no
member, officer, or employee of the Contractor is a director, officer, or employee of the City of
Vernon, or a member of any of its boards, commissions, or committees, except to the exlent
permitted by law.
1 1 .22 HEADINGS. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or to be
a full or accurate description of the content thereof and shall not in any way affect the meaning
or interprelation of this Agreement.
14 December 2017
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a l€al day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than I hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of I hours per day at not less than 1% times the
basic rate of pay.
1 1.24 LIVING WAGES. Contractor, and any Subcontracto(s), shall comply
with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in
Exhibit "C". Upon the City's request, certified payroll records shall promptly be provided to the
City
1 1.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit "D".
[Signatures Begin on Next Page].
15 December 2017
lN WITNESS WHEREOF, the Parties have signed this Agreement as of the
Commencement Date stated on the cover page.
City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State
and California municipal corporation incorporated inl corporation
finsert Name and Title]
Name:
Title:
ATTEST:
By:
Maria E. Ayala, City Clerk
Title:
APPROVED AS TO FORM:
Hema Patel, City Attorney
16 December 2017
EXHIBIT A
REQUEST FOR PROPOSALS
17 December 2017
EXHIBIT B
PROPOSAL
18 December 2017
EXHIBIT C
LIVING WAGE PROVISIONS
Minimum Livino Waoes:
A requirement that Employers pay qualifying employees a wage of no less than $10,30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Davs Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
19 December 2017
B
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contractor certifies and represents that, during the performance of this Agreement, the
contractor and each subcontrac{or shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by or on behatf of Contraclor, state that it is an "Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of its records pertaining or relating to its
employment practices, except to the extent such records or portions of such records are
confidential or privileged under state or federal law.
Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
U.
D.
20 December 2017
EXHIBIT B
PROPOSAL
18
City of Vernon California
Response to
Request for Proposal for
Professional Property/Casua lty I nsu rance
Broker of Record
February 1, 2018
Aon Risk lnsurance Services West, lnc.
License Number 0363334
707 Wilshire Boulevard, Suite 2600
Los Angeles, CA 90017
213.630.3210
www.aon.com
AqY
Empower Results'
Table of Contents
lntroduction
General Scope of
Work Plan
c.
D.
E.
F.
G.
H.
t.
Fees and Costs
Ability of the Proposer to Perform
Access to lnsurance Markets
Affidavit of Non-Collusion
16
't7
17Appendix
City ofVernon I February 1, 2018
Propi etary E Conlide nt ial
5
9
February 1 , 2018
City of Vernon
Attention: \Mlliam Fox, Director of Finance
4305 Santa Fe Avenue
Vernon, CA 9058
Subject: Professional Propertyicasualty Broker of Record Proposal
Dear Mr. Foxi
Aon Risk Services is pleased to provide the City of Vemon with this proposal for insurance
brokerage services; it remains valid through June 30, 2018. The Aon office providing services is
located at 707 Wilshire Blvd, Suite 2600, Los Angeles Califomia, 90017. The City's account
team will be led by William Deeb. Dr. Deeb can be reached at (21 3) 630-3210.
Aon is uniquely qualified to serve as the City of Vernon's property and casualty broker. We bring
the City a value proposition that our competitors ernnot match. Consider the following:. The leverage the City gains by partnering with Aon, the broker who places more
insurance premium into the global markets than any other. This leverage includes
getting claims paid in addition to getting the best rates and policy forms.. A deeply experienced team of public sector brokers and subiect matter experts, led by a
colleague named a public sector "Power Broker" for a five year period.. The fact that we transact insurance for nearly 100 cities in California.. The close proximity of our team to the City and our in depth knowledge of the insurance
and political environments in the greater Los Angeles area.. Aon will not use any subcontrac{ors in association with this proposal.. Our compensation basis will be totally transparent to the City; there are no hidden
contingent commissions or wholesaler compensation.
We believe that we are the best in the world at what we do. While the City has asked for three
references, we have provided eight, and can provide as many as you would like. We invite you
to contact and and/or all of these references, who can validate what follows in this proposal.
Aon will live up to the representations made in this proposal, will find the City the very best
combination of rates and coverage, and will do it while providing superior service. As we have
done for the past 5 years, working with Aon has brought lower costs, broader coverage,
expanded solutions for risk transfer, risk management consulting, claims advocacy and
compliance requirements and information to the City.
Should you require anything further from us at this time, please let us know. We look fonrvard to
the possibility of being a continuing business partner with lhe City of Vernon-
Sincerely,
^nd,//-^ \ tl.4+
William Deeb, E.D.D
Managing Director, Public Sector Practice
Aqv. City of Vernon lFebruary'1.2018I Propietary & Confidential
C. lntroduction
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City of Vernon I February 1, 2018
P@pnehry & Confidential
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developed solutions for many clients. ln the
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Shrinking budgets and staff, new regulations and increased demand for services are forcing
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advances and deferred maintenance decisions continue to stress the existing infrastructure on
many public campuses and change both the levels and types of risk present. To address these
challenges, Aon Risk Solutions turns to its Public Sector Practice, a team of professionals
serving our governmental, quasi-governmental and other public sector clients.
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information and insight, enabling our clients to remain informed of global trends.
City of Vernon I February 1, 2018
Prcprietary & Conlidential
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As a service provider, Billy Deeb knows we must be in lockstep with our partners as they plan
for the future. We constantly analyze how changes in the struclure of states, cities and other
organizations may affecl risk in 10 years, 20 years and beyond Billy will use creative and
forward-thinking techniques to address your unique risk challenges in the face of rapidly
developing social and economic conditions.
Aon's Experience with Public Entity Excess lnsurance and Reinsurance
We excel at placing reinsurance and excess insurance. Aon has nearly 5,000 clients nationally
from all industries and sectors with premium volumes in excess of $1 million and over 200
clients with premium volumes in excess of $15 million. We have access to all domestic and
international markels, and specialists who have in depth working knowledge ofthe most
favorable ways of approaching them to benefit our clients. Through working with over 1,100
public entity clients, we are highly networked with public entity markets for all of the coverage
lines included in your program.
Relevance to Vernon
Aon has over 1,100 public sector accounts, with a majority of those being cities. More
importantly, your proposed service team handles placement and risk consulting for over 100
California municipalities. We understand how cities operate, their risk exposures, the best priced
and most responsive markets and the time elements that are required. Your team has very deep
municipal experience, which will insure that we deliver quality service, align the City with the
best business partners and provide these services within an agreed budget.
An added advantage for the City of Vernon is its close proximity to our Los Angeles office, and
our understanding of both the political and insurance environments in the greater Los Angeles
area. We work with a number of risks very similar to yours. We know what concerns City
Council and other elected oflicials have, and how they interact with risk management. We will
quickly leam what the City's delivery requirements are, and will consistently be ahead of any
time lines. We will become an extension of your risk management depart, and are confident that
we will meet, and more often exceed, the expectations outltned in this proposal.
City ofVernon I February 1, 2018
Ptupielary & Confidenlial
ovel
400
Aon
Pro[essionals
96%
Client
Retention
S+zom
Prer ums
placed
more thon
1,100
Scope of Services Required
Can Aon
Perform
Service?
1 Assign experienced staff immediately upon proposal acceptance to assess the Ctty's
insurance needs and provide recommendattons regardtng the appropnate types of
rnsurance for the Crty. the levels of coverage necessary to protect the Ctty from
reasonable nsks the levels cf deductrble for each poltcy to provide the best balance
of risk Imrtation and lower premium and such other factors as the broker shall
recommend
Aon acknowledges and agrees. The proposed Aon team detailed in our response to
Section G: Ability of the Proposer to Perform, are all extremely experienced with public
entity clients. The key team members all have more than 10 years of experience in
servicing Califomia cities. ln fact, the entire group works specmcally and solely on public
entity clients. The Account Executive will lead this team and initiate the Discover phase
of the Client Promise, Aon's universal client service methodology. This includes client
interviews, Total Cost of Risk (ICOR) assessments, program and coverage gap
analysis, and other tools to identify improvements in the current risk management
program. Client Promise is described in detail in our response to Section E: Work Plan.
/
YES
D.Genera! Scope of Work
City ofVernon I February 1, 2018
Proptielary E Confidential
Services
2 Based on the insurance coverage selected by the City. organrze develop and present
to markets the City s insurance coverage requirements and obtarn bids from
responsible insurers for that coverage Evaluate those bids and present to the City
the package of insurance polrcy terms conditions and premiums that best reflects the
goals and objectives of the City
Aon utilizes an 11 step process to market our clients' accounts. This marketing
methodology provides a formal framework that will ensure the best possible outcomes
by creating strong lines of communication between the canier and client, providing
information to the canier that puts our clients' exposures in context, and leverages our
extensive relationships in the marketplace. The following graphic depicls this 1 1 step
process:
/
YES
3 Represeni the Crty as directed !n any negctiatrcns v,,ith nsLrrers or prospective
insurers and olher Dart es regardrng rf-lsLrrar-lce nratie{ s
Client advocacy is central to the brokerage role in our firm. Our brokers are all
specialized by both industry and line of coverage. This creates an ideal situation of
having brokers that know the client's exposures extremely well and have very strong ties
with undenrriters since they work with a particular coverage day in and day out. Our
participation in negotiations with carriers is also integrated in our marketing methodology
as described in the response above. Additionally, we have assisted Vernon with difiicult
EPL claims and customized panel counsel upon request by the City Attomeys' Office.
/
YES
4 A(iminrster ciaims submittals rf any from the C ty tn a manner best representing the
nterests of the Crty
Our claims consultants will assist the City by providing guidance and advocacy with
claims. However, notification of claims should be done directly to carriers to prevent any
delay in response. The assigned claims consultant and the account executive will be
available 24f to answer the City's questions should a claim arise. We have advocated
for some of the largest claims in California as they related to municipalities. Most
recently, we assisted in the settlement of a $60M claim involving a Southern California
Water District.
/
YES
AquCity of Vernon lFebruary 1,20'18
Prcpnet ary & Conlidentia I
5 Be iespcnsible fcr nctifying the City of invoicing of prer6iui'ns for ali outstanding
polrcies io assure that r'to po cy lapses rr,advedently beaause th€ Crty rs une'rare that
Timely issuance of invoices is nec€ssary in order to preserve coverage within the
carrie/s payment guidelines. Aon employs a specific department charged with the timely
execution of invoices in accordance with generally accepted accounting procedures and
in accordance with any divisional split or allocation required by our insureds. As
requested, direct payment invoices can be easily prepared and delivered by Aon to the
City in order to facilitate a direct payment to participating carriers. These dedicated
professionals will also track and monitor notification & payment of invoices. Aon delivers
invoices to Vernon through our electronic delivery platform and we duplicate sending of
invoices personally to our risk management contacls.
/
YES
6 l\/leet with the City ai least seml-annually to review the outstandrng coverage of the
City to assure the City maintains appropriate levels of insurance and notify the Ciiy of
any new developments in the industry ormarkets generally that affect the City in any
\r3y or that rmpact the insurance coverage or pohcres sought by the Crty
lncorporated into our Client Promise plan will be regular meetings with the City's risk
management stafi. The appropriate frequency will be determined in conjunction with
client input. Typically the standard Aon/client meetings are as follows:
. Client Promise Discovery Meeting. Client Promise Plan Delivery. Renewal Strategy Meeting. Renewal Proposal Meeting. Quartedy SeMce Meetings. Open items calls and meetings as needed
Aon continually notifies the City of changes in legislation, upcoming training, and
anything else that may assist the City in its operations. The most cunent examples are
use of drones and leqalization of mariiuana and the impact of each on cities.
/
YES
7 Solicit quotes frorn n],.rltio e irrslrrers at the t nre of any renewal upon request of the
CitV
Aon acknowledges and agrees. The brokers assigned to the City's account will be
responsible for soliciting quotes for their respective lines of coverage. They will provide
recommendations on markets and approach those carriers that the City has agreed
should be selected. Aon will approach all viable markets whenever needed to obtain the
broadest coverage at the best price for the City of Vernon.
/
YES
Aon acknowledges and agrees Aon will provide a variety of reports and Information to
the city including a renewal proposal that highlights all of the information requested. a
policy summary. our Client Promise Plan and our annual Slewardship Report
/
YES
City of Vernon I February 1, 2018
Proptiet ary E Confrdentia I
9 Proposals si.ibnitted by rnsurance carriers shal be evalLiaied by the Ageni relat ve tc
compl ance y/ th tnsi.lrance spec frcat cns cost and ab lrt,,/ cr eacn cai-fler to perform
as requrred Lncludrng relat ve solvencv
We understand the great importance of the financial integrity and stability of the
companies underwriting risks for our clients. Our intent is always to recommend
placements with carriers financially able to fulfill their underwriting commitments. To help
us to futfill this intent, Aon's Financial Security unit in Chicago regularly reviews publicly
available information conceming the financial conditions of underwriters. We review, at a
minimum, the following data to help measure market security:
1. Approvals by various regulatory authorities2. Published findings of professional rating agencies such as A.M. Best, Standard &
Poor's, lSl, and Moody's3. lDlS test results which consist of 1'l financial ratios established by the National
Association of lnsurance Commissioners (NAIC)
4. lnput from our global affiliates and correspondents.
Utilizing these tools, Aon was able to identify the AIG meltdown prior to it happening and
was able to position our clients so they were not impacted in anv way.
/
YES
1C Exanr ne and apDrove rssued pol c es and bonds for conformance v/ tn the Crty of
\,/,-rnon s specrfrcatrons and the carrier s proposal
Aon utilizes a formal policy checking process involving both the account and brokerage
teams. The placing broker is responsible for the accuracy of the policy. Aon's process
includes the following steps.
1. All policies must be checked using Aon's policy checking form for all itemized policy
elements and reviewed by the broker and account management teams.. The broker must review each completed policy checking form and assure that
appropriate responsive actions are being taken, if needed, before the policy is
delivered to the client.. The broker is responsible for resolving coverage or undeMriting-related
discrepancies that require negotiation with the undeMriter.2. Using the policy checking form, every policy must be checked against the following
documents:. The underwriteas quotation or a signed binder that provides final agreed terms,
policy forms, and premium. Expiring policy renewals with the incumbent underwriter which list forms and
endorsements. Other available documents such as acceptable binding
documentation and renewal proposals can be used in addition to the above
documentation.
3. The policy checking form will be completed within 10 business days of policy receipt
from the underwriter. Within five days of the completion of the policy checking form,
a change request form, if necessary, will be sent to the underwriter requesting the
conec{ion of any discrepancies.4. All policies will be delivered to the client through our electronic policy delivery
platform.
/
YES
City of Vernon lFebruary 1,2018
Propnetary & Confidential
11 ASSrst the Clty of Verncn in dete.mrn ng fundrng mechanrsms fcr ne,,; or nevr y
d rscovered exposures
Aon risk control consultants will work to full understand new exposures and recommend
mitigation strategies. For those exposures that require transfer our actuarial & analytics
consultants will work with the Account Executive and City risk management staff to
evaluate the best funding mechanisms. We have the best municipal actuary in the State
of Califomia in Mujtaba Datoo.
/
YES
12 Assist the City of Vernon in drafting rnsurance speclfications for contracts and
agreements as requested
The assigned brokers will provide assistance with drafiing insurance specifications
based on the City's requirements, their experience in the marketplace, and peer
benchmarking information.
/
YES
13 Provide assrstance in tandern \i'liih the City of t./ernon s legal coLJnsel
Aon acknowledges and agrees. Many of our claims staff have Juris Doctorates and will
be able to assist in tandem with the Caty's legal counsel. Additionally, we have claims
experts in every insurance type that the City purchases.
/
YES
'14 Prcvicie lrsrrrance cert frcates as neecled to others oa(alnrit to the C ty 01'
',,/ei non S Ccrverage
When we receive a request for a Certificate of lnsurance, the documentation supporting
the request is scanned into our Document Management System, attached to a tracking
order and fonararded to our Document Produciion unit. The request is assigned to a
qualified specialist who reviews special account handling inslructions unique to the
City's needs and then generates the ullimate document. As requested, certificates will
only be assued with the express direction and advice of the City. Before futfilling the
request, a front-end quality review is conducted to determine if sufficient data has been
provided and that the request is in accordance with the City's special handling
instructions. Additionally, a back-end quality assurance check is conducted to ensure
that document is in accordance with the request. Finally, the document(s) are processed
and delivered per the instructions received from the City and/or certificate holders.
Routine requests will be processed and delivered by the end ofthe next business day
while rush requests are treated with priority and processed upon receipt.
/
YES
15 The primary account representative and other account team members for the
lnsurance Broker shall be reasonably available to the City and its staff to address
questrons related to this account and any matter within the scope of services
Aon's hours of operations are from 7am to 7pm Monday through Friday but the Account
Executive and other team members will be available 24n in case of emergencies. Their
cell phone numbers will be provided so that the City can reach them when needed.
/
YES
E. Work Plan
The Aon Client Promise@
Delivering value and impact for clients is at the core of everything we do at Aon. At a time when
clients stand to greatly benefit from the expert advice we have to offer, it is important to put the
a City ofvemon I February 1, 2018- tuopietary t Coifidential
strategy, slruclure and resources in place to contrnue doing everything we can to bring the besl
of Aon to our clients.
To further improve our level of service and strengthen our position as the number one service
provider in the industry, Aon has developed its Client Promise, a clear, consistent articulation of
what clients can expect when they partner with us. The ten points of the Client Promise create a
common language to describe what differentiates Aon from our competition:
l. A Focus on Optimizing Your Total Cost of Risk
Understanding and quantifying your risks is a vital step towards managing them effectively.
Aon's distinctive approach to program design, unmatched broking strength, customized Aon
Total Cost of Risk Assessment provide clients with the most comprehensive view of their
total cost of risk so they can make the best decision possible
2. A Program Designed Entirely Around Your Needs
Great advice starts with a deep understanding of our clients' business challenges and
opportunities. The Aon CIient Promise methodology ensures your unique priorities and
needs are addressed with flexible solutions that deliver value to your business.
3. A Dedicated Team and a World of Resources
Providing you with a deep team of experienced, talented professionals who know you and
your business at all levels ensures you get the right solutions from our unsurpassed global
capabilities. Aon Risk Solutions invests in training and developing our 26,000 team
members around the client-centric values of the Aon Leadership Model.
4. Local Access to the Best Markets in the world
The right market for your risk may be local to you, or a global player. Aon's Broking Centers
of Excellence, the largest-owned network in the world, and in-depth market security
expertise lets you access the right markets, anywhere in the world, through a local poinl of
contact. ln addition, Aon's proprietary services, such as Aon Alerts and lhe Aon Situation
Room, provide you with access to rating information and insightful commentary on
significant market events directly online as they unfold.
5. Constant lnvestment in New ldeas and Solutions
Our investment in innovation is based on the needs and issues of our clients. By listening to
clients, we creale tools and services that ensure our clients detect emerging risks and face
them with new and effective solutions. The Aon Center of lnnovation in Dublin, lreland, is
the industry's only facility'100% focused on risk research, development and administration,
where our teams work to solve lhe most complex risk-related issues.
6. The Strength of the World's Leading Broker on Your Side
Whalever your size, as a client of Aon Risk Solutions you have the support of the world's
leading broker. We place more premium with carriers and secure more claims payments
than any other broker. We measure carrier performance through the Aon Carrier
Performance Survey, and if issues arise, we have a defined process that helps ensure quick
resolution. Going beyond insurance, our Aon Global Risk Consulting colleagues bring
practical solutions to reduce, transfer or finance risks lhat remain.
Itil,City of Vemon I February 1, 2018
Proprietary & Confidential
7. Powerful Benchmarking
Differentiating your program and delivering the right terms and conditions for your needs
requires a fact-based understanding of your current risks relative to your peers. We use the
most comprehensive data in the industry, including our proprietary Aon Global Risk lnsight
Platform@ (Aon GRIP) that captures thousands of transactions daily across the Aon network
to benchmark your risks.
L lndustry-Leading Service Wherever You Need lt
lndustry-leading service means more than iust efficiently executing your risk program. We
are honored that our clients, through third-party surveys such as Eusiness /nsurance and
Euromoney, regularly vote us best in class. \Mth more offices worldwide than any other
broker (over 500 ofiices in more than 120 countries), and the Aon Client Promise
methodology as our compass, we deliver a consistently high standard of service wherever
you are.
9. Your Feedback Drives Our Performance
What you think of our services is the most important measure of our success. We combine
systematic client surveys using the Aon Client Promise Score program with personal
conversations to aclively seek your feedback twice each year. Your input is a key to how we
manage, develop and reward our teams.
10. Open and Honest Dialogue about the Value We Add to Your Organization
Delivering distinclive value for our clients
is our core focus. We believe the value
we create for you is the measure of our
worth. The Aon Client Promise plan,
including your customized Aon Total Cost
of Risk Assessment, provides you with
the most transparent view of the services
you receive for the price you pay.
With Client Promise we measure quality of
service and client satisfaction in the most
transparent, direct manner possible: We ask
our clients directly, and integrate their
feedback.
The Aon Client Promise is the industry's only
globally uniform, needs-based methodology
for serving clients. The methodology behind
how the Client Promise is applied to client
accounts and the unique products and
services that support each of the 10 elements
are what really distinguish Aon from other
professional services fi rms.
City of Vemon I February '1, 2018
P@pnebry E Cotfidehtial
Adl Ol€nt ProEls€
Clldtrm.ls.
Aard.Ey
11
The f our stages of the Client Promise
Methodology are outlined below. lt starts with the
Client Promise Survey, which asks clients what is
most important to them, and ends with the Client
Promise Review, which uses another survey to ask
clients how well we have performed over the
prescribed seMce period.
Perf ormance Accountability
Client Promise also creates accountability for your
service team. The Aon Leadership Model is our
global competency model against which every Aon
colleague, in every business and geography is
measured, rewarded and developed. The Aon
Client Promise is a core part of the performance
review for your account team.
lnternal Peer Review P roced u res
Aon also requires that each office organize a review committee and conducl reviews on
selected client files on a regular basis. While timing and organization is up to local management,
the review itself is mandatory. ln effect, we conduct a professional assessment of our work and
procedures on behalf of our clients. The review examines a client program as a competitor
would, with resulting recommendations assisting the service teams to improve the client's risk
management posture.
F. Fees and Costs
Aon can handle our compensation in a variety of ways as determined between Vernon and Aon.
We can transact placements on a commission basis, a flat fee, a fee plus commission,
commission cap, fee plus commissions on new placements, or a variety of other methodologies.
ln any event, every dollar earned for any method chosen will be fully disclosed to the City of
Vernon in compliance with our corporate standards for transparency. Additionally, we can walk
through the pros and cons of each methodology in order to allow Vernon the ability to make the
most informed decision possible. We would propose a renewal flat fee of $92,500 with no
inflationary increases during the term of the contract. Additionally, we would not accept any
contingent commissions, undeMriting fees, wholesale broker fees, broker servic€s fees, carrier
ovenides or any other form of direct or indirec{ revenues. We would proposed to earn
commissions on any new placement not currently contemplated by the request for proposal.
It is important to note that Aon rarely uses wholesalers, does not own any wholesalers (this
would create the appearance of or an actual conflict) and does not have contingent commission
agreements with any of the caniers listed as recommendations in Section H of this proposal that
would impact City of Vernon. There are no hidden fees. All compensation will be clearly
disclosed to the City of Vemon.
Aon Client Promise
E\GrythirE wr do at Aoi it boJled on creatinS,
distinctive value for our clients,
developing hum.n capital rolutbni that dclivcr
reuls based upon a deep understanding
o{your buireir istues, insightful analysis
and po*Erful executiqr. To eniulr youl
complete satisfaction with cpr qJality and
s.fvice!, we imdcneoted a world$rile dicnt
s€rvke model calhd th€ Client Promise'-a
globally coolisterf y.lue and ld\rica delive]y
nEthodolo$, that rnsurus e{h cliant receit€r
the best services tn th€ industy rcasrdless
o, it! geograptry, indulry o( martet t€gtrlent.
IouCity ofVernon I February 1. 2018t' Poprietary & Coffidential
G. Ability of the Proposer to Perform
Dr. William Deeb, who works exclusively on Public Entities, will act as your
Program Manager. Billy, who works out of Los Angeles office, has been named
a public sector "Power Broke/' by Risk and lnsurance magazine five times. He
and his dedicated team have extensive experience in the marketing of all
insurance coverages for public agencies. They interact daily with both
underwriters and senior management within insurance companies that
specialize in public entities and their unique risks. Additionally, they are uniquely
posilioned as a resull of their relationships to have multiple access points within
any given canier. Therefore, they are not limited by geography; they can access
the underwriters that will provide them the best terms and conditions regardless
of their location. They handle and are very familiar with complex risks with large
premium volumes and broad coverage. Some of Billy's accounts include: the
California Joint Powers Risk Management Authority, the City of Huntington
Beach, City of Compton, City of Burbank, California lnsurance Pool Authority,
City of Chino, City of Culver City, the City and County of San Francisco, the
Louisville Area Governmental lnsurance Trust and the Los Angeles Metro.
Lana Wong will act as the Account Specialist on the City of Vernon's
placement. Lana's primary role will be to gather renewal information, work with
and coordinate with the markets and practice group to ensure the timely delivery
of renewal quoles and other deliverables. Lana will also be responsible of
coordinating other Aon resources to deliver Claims Reviews, Stewardship's,
Loss Control and Actuarial work to the City that meets the highest standard in
the industry.
Bing Buenafe's role will include acting as a backup responding to your daily
requirements as well as helping with marketing of renewal and new business
negotiations with our many carriers. As an Account Executive, Bing is
responsible for maintaining effective and productive client relationships,
aggregating and organizing both client and market information, managing client
open items, executing client requests, and assisting in the development of client
service plans and stewardship reports. Bing joined Aon in July 2013 and has
over 20+ years of experience in the P&C market. Prior to joining Aon, Bing
worked for a leadinq insurance brokeraqe specializinq in non-profit insurance.
Michael Cullen will be your Property Broker. Michael delivers service,
marketing, and risk analysis for medium to large sized corporate property
accounts of varied industry groups, such as Real Estate and Technology. Prior
positions include 15 years within the entertainment insurance industry both as a
broker and an undeMriter for multiple lines of business. He has more than 19
years of experience in the insurance industry. Michael has earned his Bachelor
of Business Administration with an emphasis on Marketing with Loyola
Marvmount Universiw.
Ward Adams, Director of Aon's Western Region National Casualty Umbrella
Practice, will be your Casualty Broker. Ward is housed in our Los Angeles
office. Ward began his career in 1982 and has been with Aon the past ten
years. Throughout his career he has held Underwriting Management positions
at AIG and Reliance National and Retail Casualty Broker positions at A&A,
Marsh and Aon. This has enabled Ward to view the underwriting process from
both sides of transaction. With this background, he has the expertise to
lkrt,Crty of Vernon i Febmary '1, 2018tr Propietary & Confidentiat
structure creative and competitive reinsurance, umbrella and excess
placements utilizing the worldwide insurance marketplace.
Thomas O'Connell will be your property claims specialist. Thomas has over 32
years of experience in the property claims field specializing in high end,
complicated first party property and time element losses, including many for the
public sector. As with other accounts, he is available to assist your on property
claims as is needed. Thomas has been with Aon for sixteen years.
Noel Silverman will be your insurance and contract review specialist. As a
Contract Review and Coverage Specialist for Aon's Public Sector Alliance,
Noel's expertise includes the placement and management of risks that fall into
this sector. He specializes in creative insurance solutions, coverage
comparisons and contract reviews for insurance requirements. Prior to joining
Aon, Noel was a claim supervisor overseeing maior property, liability and
workers' compensation claims. He served also president of two state agents
and brokers associations and served on two advisory insurance committees
appointed by the State lnsurance Commissioner. Subsequently he was an
account executive for a local broker and co-handled one of California's largest
homebuilders rollinq wrap ups.
Scott Smith (Newport Beach) will serve as your Loss Control Specialist. Scott
will deliver strategic and tactical risk control support designed to produce
measureable, long-term reduclion in your Total Cost of Risk, as he currently
does with olher public sector and transit accounts. He will assast our brokering
professionals to maximize their effectiveness in negotiating and brokering your
risk. Scott has capacity to work on your accounl. Scott has been with Aon for
three years.
Mujtaba Oatoo will provide actuarial support as needed to assist our brokers
in presenting your risk to the markets. We recognize he currently serves as
OCTA's actuary for the purposes of your annual reporls and related needs. His
extensive knowledge of your account will benefit our placement team. Mujtaba
has been with Aon since its acquisition of ARMTech in 2008.
Tyler Drysdale would assist as broker for Employment Practices Liability,
Fiduciary Liability and Crime/Fidelity. Tyler works on these lines with other
public entities, and currently works on the City of Vernon team. He has been
with Aon for five years.
Nick Chmielewski would act as your cyber broker. Nick devises risk transfer
and mitigation solutions for exposures related to all aspects of cyber risks,
including those in the public sector. Nick has capacity to work on your account.
He has been with Aon for four years.
City olVernon I Feb.uary 1, 2018
Propriet ary & Co tltidenlial
)t
,4*
I
\{
'h --
References
Contact Name David Clovis Monica Turner
General
'l 925 290 1316
Rrsk
'1 .310.76'l .1459
Dates of Services
Provided
I years. 20'10 - present 9 years. 2009 - present
Description of
Program(s)
Serviced
XSGL, DlC, Property, Fiduciary, Crime,
Auto Physical Oamage, Environmental,
Aviation, Claims Auditing for over 100 CA
cities
XSLiab, Property, Crime, D+O,
Burlders Risk, Environmental,
Workers' Compensation, all other
Pattr Matt Hansen
Risk
1 .714 536 5290 1 415 554 6163
1'l years 2007 - present 31 years. 1987 - present
Provid6d
Description of Property, DlC, Flood, Auto Physical Marine GL, Aviation and Airport,
Program(s)
Serviced Damage, Property Valuation Services Crime, D&O, Environmental, Bonds,
Special Events, Property, Auto
Liability and Physical Damage
McClinton
Services
1 909 334 1 .818 238 5026
Oates 3 years 2015 - present I years 2010 - presenl
Services Provided
Description of Property, XSGL, XSWC, Fiduciary, Special Property,XS WC, Power Generation
Program (s)
Serviced Events, Auto Physical Damage, Cyber, Property and Liability, Cyber Crime,
DlC, Crime, Fine Arts, PO Bond,Auto Physical Damage, D&O, Risk
Ergonomic and Loss Control Management Services
Serena
Director of
1 310-253-5640
Carlos Moran
Director Human
Dates of
Services Provided
2 years. 2016 - present 19 years. '1998 - present
Description of
Program(s)
SerYiced
Property, Special Events, XSWC, Auto WC, GL, Property, EPLI, SMLI, Auto
Physical Damage, Cyber, Environmental Liability and Physical Damage, UST,
AD&D, Builders Risk, Flood, Crime, D&O E&O, Crime, Umbrella Loss Control
Risk Manaqement and Loss Control Services, and Property Valuation
City of Vernon lFebruary 1,2018
Propielary & Cottlidential
Agency Name
H. Access to lnsurance Markets
Provide a list in order of preference from most to least preferred of the insurance
markets you would seek to access on behalf of the City of Vernon:
The following chart lists Aon's top carriers for retail insurance placements in the United States in
2017'.
@
E
o
lnlvrutns-r
b
y^G
C
1.0 Bi ixr +
1.0 gflirn +
gX) i'Slirn +
500 tfillirn +
475 tfillirn +
,125 Mllirn +
275 M'[bn +
25(, tf,llbn +
250 Millbn +
AXIS
SWISS RE
225 ti$lim +
225 lfllixr +
200 i,€lli +
2q, U$lli.xr +
175 lvlillio.l +
l5(, Ullliq| +
125 ifillion +
125 Uullion +
115 lv$llion +
ZURICH
TMVELERS
CHUBB
LIBERTY MUTUAL
XL CAPITAL
CNA
ALLIANZ
FM GLOBAL
Ab
I\I
QAE
HARTFORD
W. R. EERKLEY
TOKIO MARINE
HOLDINGS, INC
I NSHORE INC
Ito{
E 8 AwAc
l' \:.r I ARCH
oo*
b
As the wodd's largest pure placement broker of insurance, Aon has access to virtually all
insurance markets--domestic and overseas. We have effectave working relationships with well
over 150 major insurers and with hundreds of regional and niche caniers. The industry leading
$50+ billion annually of premium business we broker with our markets is further enhanced by
the knowledge, expertise, global reach and experience we bring to each negotiation. Where
needed, we have access to each carrier's top management and home-office decision makers,
allowing us to effectively negotiate programs of coverage for even the most difficult of risks. For
example, on large placements with domeslic carriers, Aon facilitates meetings for its clients with
senior leadership teams and home office decision makers of several key markets, including
Peter Eastwood, CEO of AIG US and Canada; George Stratts, President of AIG Global
Property; Scoft Gunter of Chubb; Kevin Kelly of lronshore; and many more. This level of access
is critical to our approach.
The City has asked for our recommendations for the most preferred markets on specific
coverage lines. These are outlined below:
City ofVemon I February 1, 2018
tuopdetary t Confrdential
225 Million +
t-
II
Liberty lnternational
(Property)
Safety National (XS
wc)
Zurich Allred World Allied Wodd Hartford
Starr Tech
(Property)
New York Marine
and General (XS
wc)
Hartford Berkley Berkley Scottsdale
Lexington
(Property)
ACE (XS WC)
AIG Navigators Navigators AIG
Travelers (Property)
Arch (XS WC)
Safety National Safety National Ch ubb
Affiliated FM
(Property)
Midwest Employers
Casualtv (XS WC)
AIG AIG Hanover
XL (Property)Great Amencan Great American
l. Affidavit of Non-Collusion
Proposer must submit a completed and signed, 'Affidavit of Non-Collusion.' (Copy Attached
Exhibit A).
Appendix
. Exhibit A - Aflidavit of Non-Collusion by Contractor
City ofVernon I February 1. 2018tt Proptietary E Conlidential
Property and
Casualtv
Fidelity Bond/
Mortoaoe Liab
General Liability Umbrella Automobile
EXHTBIT A
AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
William S. Deeb , being first duly sworn
deposes and says that he/she is
Managing Director
(hsen "Sote Owne/,. ,Panned,, ,,prcsdent .Sesetar/, or olher prop€r tiltc)
of Aon Risk lnsurance Se
(lnse.l name of hdder)
who submits herelvih to the City of Vemon a proposal;
That all staEmenb of fact in such proposal are tsue;
That such proposal was not made in the interest of or on behalf of any undisclosed person,
parhership, company, associaton, organization or corporaton;
That such proposal is genuine and not collusive or sham;
That sakl bidder has not, directy or indirecty by agreernent communication or conference with anyone
anempted to induce action prejudicial to he interest of he City of Vemon, or of any other bidder or anlone
else interested in the proposed contract and further
That prior to the public opening and reading of proposals, sard bidder:
a. Did not directy or indirecty, induce or solidt anyone else to submit a false or sham proposal;b. DkJ not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal, or that anyone should refrain
from bidding or withdraw his proposal;c. Did not in any rnanner, directy or indircctly seek by agreernent, communiEtion or
conference with anyone to raise or nx the proposal price of said bidder or of anyone else, or to
raise or fix any overhead, profit or cost element of his proposal price, or of that of anyone else;d. Dki not, directy or indirecty, submit his proposal price or any breakdown thereof, or he
contenb thereof, or divulge information or data rehtive thereto, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any
individual or group of individuals, except the City of Vemon, or to any person or persons who
have a partnership or other financial interest with said bidder in his business.
I certify that the above information is correct
By:
Tifle:
)ss
Date
City of Vemon I February 1, 2018
Proptie tary & Confi denli al Adu18
EXHIBIT C
LIVING WAGE PROVISIONS
[t inimum Livinq Waoes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $1 1.55 per hour without health benefits.
Eeis!-4s!-UrElC-9@:
Employers provide qualirying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for wrllful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
'19
A
B.
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contractor certifies and represents that, during the performance of this Agreement, the
contrac{or and each subcontractor shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of Contractor, state that it is an ,'Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, anceslry, handicap, sex or age.
Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of its records pertaining or relating to its
employment practices, except to the extenl such records or portions of such records are
confidential or privileged under state or federal law.
Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
C
D
20
Rf get rTr';O
IUAR 2 6 2018
CIIY CTERI('S OFFICE
elzatw
4305 Santa Fe Avenue, Vemon, Califomia 90058
Telephone (323) 58$8811 Fax (323\ 82G1.a07
March 20, 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
March 1,2018 tkough March 15,2018.
Respectfu lly Submitted,
Bruce K. English
Fire Chief
BKE:ar
: Fireletnow
lE 4c frriv e $ I nlus t ria t
VERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
March 1,2018 to March 15,2018
This Period Last Year
Last Year To Date
This
Period
This Year
To Date
ACTIVITY TYPE
FIRE PREVENTION:
Regular Inspections (#):
ReJnspections (#):
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 GOURS):
Planning
District Familiarization
Total Hours:
PERIODIC TEST GOIJRS):
Hose Testing
Pump Testing
95
5
I
101
194
151
184
202
25
59
143
6
2
142
l9
8
511
202
641
633
639
5
140
2771
286
490
434
424
858
r05
34
r20
126
t25
2
28
540
90
110
200
0
5
455
188
615
631
626
17
190
2742
7
5
369
542
120
61
r52
142
t47
I
33
656
I8l
92
89
0
0
460
526
986
4
)
Total Hours:
Page I
PT]BLIC SERVICE PROGRAMS (HOT]RS)
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTINE MAINTENANCE ffi OURS):
Station
Apparatus
Equipment
TotaI Hours:
Grand Total Hours:
: F ireactiv ity
2t
0
90
lll
491
494
504
1489
5882
0
0
l8
t8
r26
127
125
1',78
1325
6
0
56
62
614
624
651
l89l
607E
0
0
t2
12
127
r33
142
402
1445
Page 2
REcs11769
MAR 2 7 2018
0ii', r,Lirtt S 0tFlCE
RECIiEfltfeD
tJlAR t 9 ?:13
CIT}/ ADMII1l'STRAiIOiil
POLICE DEPARTMENT
Anthony Miranda, Chief of Police
4305 Santa Fe Avenue, Vemon, California 90058
Telephone (323) 587-5"171 Fax (323) 826-1481
Wglzll ts
March 19,2018
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.,
March l, 2018 up to and including midnight of March 15, 2018.
Respectfully submitted,
ANTHONY MIRANDA
CHIEF OF POLICE
AM/gg
RNON POLICE DEPARTMENT
rqrlusio ety I nlus tria I
of
VE.RNON POLICE DEPARTMENT
Department Activity Report
lurisdittion: vERNoN
Fitst Dale: 03/01/201s
Last Dale: o3/ts/20i8
Depo nenl Complaint
Tlpe Description
All Units Primary Unit
IPD
oFFrcER rs 106 C7.961.952..t 0-.t O. WASH. EQUtpr\
PICK UP THE JAIL PAPER WORK FROM HP JAIL
10.96 MARY (MAIL DETAIL)
SUPPLEMENTAL REPORT
INJURY HIT AND RUN
INJURY HIT AND RUN REPORT
NON.INJURY HIT AND RUN REPORT
SILENT ROBBERY ALARM
BATTERY REPORT
OOMESTIC VIOLENCE REPORT
DISTURBING THE PEACE
DISTURBING THE PEACE REPORT
TERRORIST THREATS REPORT
AUDIBLE BURGLARY ALARM
BURGI-ARY REPORT
SILENT BURGLARY ALARM
BURGLARY TO A VEHICLE REPORT
FMUD REPORT
PETTY THEFT
PETTY THEFT REPORT
GRANO THEFT REPORT
EMBEZZLEMENT REPORT
PARKING PROBLEM
VANDALISM
VANDALISM REPORT
TRESPASS
TRESPASS REPORT
UNKNOWN INJURY TRAFFIC COLLISION
INJURY TRAFFIC COLLISION
INJURY TRAFFIC COLLISION REPORT
NON-INJURY TRAFFIC COLLISION
NON.INJURY TRAFFIC COLLISION REPORT
TRAFFIC ENFORCEMENT
TMFFIC HAZARD
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
ABANDONED VEHICLE
SUSPICIOUS CIRCUMSTANCES
ATTEMPT AUTO BURGLARY
ATTEMPT GRAND THEFT AUTO REPORT
ASSIST VERNON FIRE DEPARTMENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
COUNCIL CHAMBERS DETAIL
CITATION CHECK
CITY HALL ALARMS FINANCE, CITY CLERK, HEAI.
CIVIL MATTER
SURVEILLANCE/STAKEOUT
106
1G96H
1G96M
140
2000 r
20001R
20002R
211S
242R
273.5R
4't5
4't5R
422R
459A
459R
459S
45gVR
476R
4U
484R
487R
503R
586
594
594R
602
602R
901
9017
901TR
9027
9O2TR
909E
9097
91'l
91'rA
9't7A
925
4459V
AGTAR
ASTVFD
BOSIG
BOVEH
CCDETAIL
CITCK
CITY ALARMS
CIVIL
CODE5
120
2
5
4
1
2
7
2
2
2
16
3
1
104
12
7
1
1
4
9
1
b
30
6
7
31
10
6I
5
50
1
7
7
8
25
6
48
3
1
27
1
22
1
7
1
1
7
109
2
4
2
I
I
5
I
2
I
4
I
I
58
7
3
I
I
2
6
I
I
25
2
3
l0
3
2
4
4
28
I
6
4
l9
3
2t
I
I
l6
I
t6
I
5
I
I
I
,3/19/201E 09:21:11 Poge of
VE,RNON POLI CE DEPARTMENT
Deportment Activity Report
lurisdiclion: vERNoN
Firsl Dale: o3toltzo'tl
Losl Dale: o3flr2oi8
DepfiInrcnt Complaint
Type Description
All Unils Primary Unit
i,PD
COP COP DETAIL
COURTESY RI COURTESY REPORT
DARE DARE.ACTIVITIES
DEMOSTM DEMONSTMTION
DET DETECTIVE INVESTIGATION
b
1
1
8
6
1
13
2
74
1
7
2
o
7
1
1
1
1
10
1
106
61
1
11
4
4
J
2
o
1
126
81
2
2
12
6
I
I
5
4
I
6
I
7t
I
't
I
6
6
I
I
I
I
4
I
84
??
I
lt
2
2
3
2
I
I
99
6'7
2
I
1
OETAIL
DPTAST
GTA
GTAR
HBC
PAPD
PATCK
DUPLICATE TO BE USED WHEN A CALL IS OUPLICATEDFILING OFFICER IS 10.6 REPORT WRITINGFOUND FOUND PROPERTY REPORTFU FOLLOW UP
DETAIL
DEPARruENTAL ASSIST
GMNO THEFT AUTO
GRAND THEFT AUTO REPORT
HAILEO BY A CITIZEN
PUBLIC ASSIST.POLICE
PATROL CHECK
ID THEFT IDENTITY THEFT
K9 TRAINING K9 TRAINING REMINDER, OBTAIN LOCATIONLOCATE LOCATED VERNON STOLEN VEHICLEMR6O MISC REPORT
PANIC ALARM PANIC ALARIII,/DURESS AI-ARM
PEDCK PEOESTRIAN CHECK
PLATE LOST OR STOLEN PLATES REPORT
PRSTRAN PRISONERTRANSPORTEO
REC RECOVEREO STOLEN VEHICLE
RECKLESS DF RECKLESS ORIVING (23103)
REPO REPOSSESSION
RR RAIL ROAD PROBLEM
SHOTS SHOTS
TEST TEST CALL
TRAFFIC STOI TMFFIC STOPVCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
WARMNT WARMNT ARRESTWELCK WELFARE CHECK
Department:t2l3 8J2
Overall:I 213 8.r3
t3/19/2Ue 09:21:41 Page ol
Period Ending: 03/f5/f8
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
ARIS-077 CRlS-0331 503 PC
ARl8-080 CRl8-0341 l1364 HS
AR l8-08 I CR l8-0345 I I 377 HS
ARl8-083 CRl8-0347 459.5 PC
ARIS-084 CRl3-0348 166(AX4) PC
ARr8-085 CRl8-0349 I1364 HS
ARl8-088 CR13-0366 r 1364 HS
AR l8-089 CR l8-0368 273.5 PC
AR r 8-091 CR l8-0373 273.6 PC
ARt8-093 CRl8-038t il377 HS
ARlS-094 CRl3-0382 s94(A)(l) PC
ARl8-096 CRl8-0385 l1377 HS
AR18-098 CRl8-0394 l r364 HS
ARl8-t00 cRr8-0398 u377 HS
ARl8-l0l cRl8-0407 602PC
ARlS-102 CRr 8-04r2 647(E) PC
VERNON POLICE DEPARTMENT
Police Activity Report
NO.
15
9
6
0
0
I
I
I
6
PROPERTY RECOVERED
VEHICLES: $34,000.00
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: S 1.000.00
I
5
0
l3
67
60
t27
48
l8
I
VERNON POLICE DEPARTMENT
REPORT FOR PERSONS ARRESTED
PERIODENDING: 3/15/2018
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:
ADULT FELONY ARRESTS AND DISPOSITIONS
MALE FEMALE TOTAL
ASSAULT WITH A DEADLY WEAPON 0
BURGLARY 0
GRAND THEFT AUTO 0
INFUCT CORPOML IN]URY ON SPOUSE 0
THREATED CRIME WINTENT TERRORIZE 0
WARMNT (VERNON CASE)0
V4qRRANT (OUTSIDE AGENCY)z 2
TOTAL FELONY ARRESTS 2 0 2
ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS
MALE FEMALE TOTAL
CONTEMPT OF COURT ORDER 1 1DOMEfiC VIOLENCE 2 1 J
DRIVING UNDER THE INFLUENCE 2 Z
EMBEZZLEMENT 1 1 2
POSSESS CONTROLLED SUBSTANCE 4 4
POSSESS DRUG PARAPHERNALIA 4 4
SHOPLIFTING 1 1
TRESPASSING 3 3
VANDALISM 1 1
WARMNT (VERNON CASE)
WARMNT (OUTSTDE AGENCY)
2 2
1 1
TOTAL MISD. ARRESTS 2L 3 24
JUVENILES DETAINED --- FELONY AND MISDEMEANOR
MALE FEMALE TOTAL
BURGLARY 0
RECEIVING STOLEN PROPERTY 0
ROBBERY 0
VANDALISM 0
WARMNTS (BENCH 0
TOTAL JUVENILES DET.0 o o
102
23
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REGEI\/ED
ltlAR 2 t 2O1E
CITY CLERKSOFFICE
REGEBVEE
MAR 2 7 2318
STAFF REPORT
puBLIC woRKS DEpARTMENT 04 3'?-t'r{
DATE:
TO:
FROM:
RE,:
April3,2018
Honorable Mayor and City Council
Daniel Wall, Director of Public Wor
Originator: Claudia Arellano, Stormwater & Special Projects Analyst
A RESOLT,'TION APPROVING AND AI]THORIZNG TIIE STJBMITTAL OF
APPLICATION(S) TOR CALRECYCLE PAYMENT PROGRAMS FOR
WHICH THE CITY OF }'ERNON IS ELIGIBLE
Recommendation
A. Find that app,roval of the reques for authority to receive and spend payment Fogram funds in
this saflreport is exempt ftom the Califomia Environmenal Quality Act ("CEQA'), pursuant
to CEQA Guidelines sections 15308 (actions taken to protect the environment), I 5323 (normal
operations of public facilities) and 15061@[3), the general nrle that CEQA only applies to
projects rhat may have an effect on the environment; and
B. Adopt a resolution requesting approval and authority to receive and spend payment program
fimds from the Departrnent ofResources Recycling and Recovery ("CalRecycle').
Backeround
For the past several years, the Departnent of Health and Environmental Confol has successfirlly
applied for and received payment program funds for three different programs administered by
CalRecycle:
1) Used Oil Payment Program
2) Beverage Container Recycling City/County Payment Program
3) Local Enforcement Agency Program
Recently, the Used oit Payment Program and the Beverage Container Recycling city/county Payment
Program were transfened to ttre Public Works Deparunent. As such the Public Works Deparunent will
be administering the Used Oil Payment Program and the Beverage Container Recycling CitylCounty
Payment Prcgram.
By way of backgrormd, the Used Oil Payment Program is awarded to agencies to assist in implementing
CalRecycle's used oil progmms. Historically, the City has received approximately $5,000 on a yearly
basis for this payment program. The funds have been used to improve the public's awareness of used
oil recycling opportwrities and the damage to the environment caused from the improper discharge of
used oil. Funded activities have included:
o The purchase of educational materials (pamphlets, etc.). The distribution of free used oil-recycling containers to Vemon business employees and
the public.. Stormwatermitigation activities.o The services ofa consultant to conduct educational outreach efforts.
Fiscal Year 20 I 820 I 9 Used Oil Payment Prognm fund levels for the City of Vernon are expected to
be the same as previous years, approximately $5,000.
The Beverage Container Recycling City/Council Payment Program assists in fimding beverage
container recycling and litter rcduction activities. Funds will be utilized to promote and disribute
recycling and litter reduction information throughout the City of Vemon as well as to purchase products
to promote recycling.
Fiscal Year 2018/2019 Beverage Container Recycling City/County Payment Program frmd levels for
the City of Vernon are also expected to be the same as previous years, approximately $5,000.
With the transition of said programs to the Public Works Deparunent, Public Works staff is requesting
authorization for the Director of Public Works to sigr the applications and documents to receive and
spend payment program funds from CalRecycle moving forward. The proposed resolution has been
approved as to form by the City Attomey's office.
Fiscal Imoact
If approved, the City expects to receive approximately $10,000 in fuids in total for the two payment
progams. There is a minor marginal fiscal impact that is expected for administrative oversight of the
firnd activities. However, considering the overall benefits the City will receive by use of the funds, it is
worthwhile for the Public Works DeparEnent to pursue these funding programs.
Attachments
l) Proposed resolution
Pe€f2of 2
RESOI.,UTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE SUBMITTAL OF
APPLICATION(S) FOR THE CAIRECYCLE USED OIL PAYMENT
PROGRAM AND THE BEVERAGE CONTATNER RECYCLING
CI TY / COIJNTY PAYMENT PROGRAM AND REI,ATED
AUTHORIZATIONS FOR WHICH THE CITY OF VERNON IS
ELIGIBLE AND REPEATING ALL RESOLUTIONS IN CONFLICT
THEREWTTH
WHEREAS, pursuant. to Public Resources Code s 48000 et seq.,
l-4581-, arrd 42023.1(g) the DepartmenE. of Resources Recycling and
Recovery ("CalRecycle") has est.ablished various paymenE programs Eo
make payments Eo qualifying jurisdict.ions; and
WHEREAS, in furtherance of E.his authoriEy, CalRecycle is
required to esEablish procedures governing the administ.ration of Ehe
payment programs; and
WHEREAS, CalRecycle's payment. program application procedures
require, among ot.her things, an applicant,s governing body to declare
by resolulion certain authorizaEions relaled to Che administration of
the payment program; and
WHEREAS, on May L6, 2017, Che City Council of the City of
Vernon adopted Resolution No. 2017-21 auEhorizing tshe Director of
Hea1th & EnvironmenEal- ConErol t.o receive and spend payment program
funds from CalRecyc1e; and
WHEREAS, Che Used Oil Payment. program and t.he Beverage
Container Recycling City/CounE.y payment program has been transferred
Eo the Public Works Department; and
WHEREAS, by memorandum daEed April 3, 2018, the DirecEor of
Public Works has request.ed Che aut.hority to receive and spend payment
program funds from CalRecycle; and
WHEREAS, Ehe City Council of the City of Vernon desires E.o
approve and authorize t.he submitt,al of applicat.ion(s) to CalRecycle
for the Used Oil Payment Program and Beverage Contsainer Recycling
City/CounE.y Palment Program, and related autshorizatsions for which t.he
City of Vernon is eligible.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and deEermines t.hat t.he above recit.als are true and correct.
SECTION 2: The City Council of t.he Citsy of Vernon finds
thaE this acEion is exempt from E,he California Environmental QuaIiEy
Act. (CEOA) , pursuant tso CEoA Guidelines sections 15308 (actions taken
to proCect the environment.) , l-5323 (normal operations of public
facilit.ies) and 1506L(b) (3), the general rule that. CEQA only applies
to projects E.hat may have an effecc on the environmenE..
SECTION 3: The City Council of the City of Vernon hereby
approves and authorizes the submittal of application(s) for any and all
payment programs offered.
SECTION 4: The City Council of tshe Cit.y of Vernon hereby
authorizes the DirecEor of Pub1ic Works, or his or her designee, to
execute any and all documents, including buE not limiced to,
applicat.ions, agreements, amendments and reguest.s for pa)ment,
necessary for the purposes of securing funds for, and on behalf of,
t.he City of Vernon and to take whatever actions are deemed necessary
or desirable for t,he purpose of implementing and carrying outs the
purposes of this Resolut.ion and Ehe actions herein approved or
authorized.
SECTION 5: This authoriza!ion is effecEive unt.il repealed
-2-
by the City Council of the Cj.ty of Vernon.
SECTION 5: All resolutions or parts of resolutions,
specifically Resolution No. 2017-21, noE. consistenc wich or in
conflicE with tshis resolution are hereby repeal-ed.
SECTION 7: The CiEy Clerk of Ehe City of Vernon shalI
cerE.ify tso the passage, approval and adopE.ion of this resoluEion, and
the City Clerk of the City of vernon shall- cause Ehis resoluEion and
the City Clerk's certification Eo be entered in the File of
Resolulions of the Council of E.his City.
APPROVED AND ADOPTED this 3rd day of Apri1, 2018
Name :
Title:l(ayor / Mayor Pro-Tem
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
3
STATE OF CAII FORNIA
COTINTY OF LOS ANGELES
I, Maria E. Ayala, City Clerk of the CiEy of Vernon, do hereby
certify that the f oregoing Resolution, being Resolution No. _, was
duly passed, approved and adopEed by tshe City Council of tshe Cit.y of
Vernon at a regular meet,ing of the cit.y Council duly held on Tuesday,
April 3, 2018, and Chereaf t.er was duly signed by tshe Mayor or Mayor
Pro-Tem of the City of Vernon.
Execut.ed Ehis day of Apri1, 2018, aE Vernon, California.
Maria E. Aya1a, City Clerk
(sEAr)
ss
-4-
REo -ri'rED
i,iAR I 5 2018
CITY CTERl('S OIFICE
CC "p7r*-,/ 3. bl P
R*r17,
MAR 0 8 2Ct8
STAFF REPORT
CITY CLERK DEPARTMENT
CITYADN,{IIJISTRATI
{
DATE:
TO:
FROM:
RE:
March 20, 2018
Honorable Mayor and City Council
Maria E. Ayala, City Cl"i\*'
Originator: Matthew Ceballos. Deputy City CIerk
Ordinance to Amend the Designation of Newspaper and Publication
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 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 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. I 152 amending Section 1.9 of
the Vemon Municipal Code to designate the Vemon San as the "...official 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 Vemon 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 Vemon Sun. With the Vernon Sun no
longer being in operation the City needs a new publication for the purpose of legal notifications.
Page I of 2
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 lns Angeles Wave: The Press
Edition is the City's newly designated newspaper for mandated public notices, pursuant to
Govemment Code Sections 6040 through 6M4.
Fiscal Impact
None.
Attachment(s)
l. Public Hearing Notice
2. Draft Ordinance to amend Section 1.9, 1.9-1, and 1.9-2 of Chapter I of the Vernon
Municipal Code, amending the Designation of Newspaper and Publication
Page 2 of 2
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-881 r
DATE & TIME:
PURFOSE/ST]BJECT:
DOCUIITENTS
FOR REVIEW:
NOTICE OF PI.JBLIC HEARING REGARDING THE PROFOSED ORDINANCE AMENDING SECTIONS
1.9, 1.9-1, and 1.9-2 OF CHAPIER I OF ITIE VERNON MUNICIPAL CODE
The Crty ofVemon will conduct a Rrblic Heanng, which you may anend.
PLACE:Vemon City Hall
City Courrcil Chamber
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, March Z), Z)lE at 9:fi) am. (or as soon thercafter as the rnatter can be
heard)
Consider the adoption of an Ordinance to anpnd Sections 1.9, 1.9- l, and I .9-2 in the
Vemon Municipal Code, Chapter l, the Designarion of newspaper in the city and
repealing all prior ordinances and parts ofordinances in conflict therewith.
Notice is hereby given that a hard copy ofthe proposed ordinance will be available for
public review during norrnal business hours in the City Clerk Departnrnt, located
at 4305 Santa Fe Avenue, Vemon, Califomia, between the hours of 7:00 a.m. and 5:30
p.m. Monday tkough Thursday.
Please send your comments or questrons to:
Manhew Ceballos, Deputy City Clerk
City of Vemon
4305 Santa Fe Avenue, Vemon, CA 90058
(323) 583-881 I Ext. 5,16 Email: rnceballosG)ci-vemon.ca.us
PROPOSED CEQA FINDING: Staff will recomnrend that the City Council find that this action is not subject to
Califomia Environrnental Quality Act (CEQA) review, because this ordinance is a
continuing administrative activity that will not result in direct or indirect
physical changes in the environrnent, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378
Ifyou challenge the adoption ofan Ordinance to arnend Sections 1.9, 1.9-1, and 1.9-2 in the Vemon Municipal Code,
Chapter l, regarding the Designation of newspaper in the city and repealing all prior ordinances and part of ordinances
in conflict therewith or any provision thereof in coun, you nray be limited to raising only those issues you or someone
else rarsed at the hearing described in this notice or in wrinen conespondence delivered to the City of Vemon at, or
prior to, the nrceting.
Anrericans with Dsabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the
meeting, please contact the Office of the City Clerk at (323) 583-881 I ext. 546.
The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without
funher notice of a public hearing.
Dated: March 7, 2018
ORDINNICE NO. L25O
AN ORDTNAIICE OF THE CTTY COIJNCTL OF THE CTTY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,CALIFORNIA, BY ATTIENDING SECTIONS 1.9 THROUGH 1.9-2
OF CHAPTER ]. RELATTNG TO ABSENCE OF A NEWSPAPER INTHE CITY AND REPEALING AIL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWTTH
WHEREAS, the Cit.y of Vernon (the ,City,) is a municipal
corporation and a charE.ered ciE.y of t.he state of California organized
and existing under it.s charter and the const.iEut.ion of E.he stat.e of
California; and
WHEREAS, on Novernlcer 24, 2OOB, the CiEy Council of the City
ot vernon adopt,ed ordinance No. 1152 amending section 1.9 0f the vernon
city code E.o designate the vernon sun as a legar newspaper published
nearest Eo the city of vernon for the purpose of pubrishing ordinances,
public hearings , and oE.her mat.t.ers ,. and
WHERE"AS, on February l, 2OLB, Che Vernon Sun, an EasEern
Group Publication Newspaper, published and circulat.ed its finar issue
and is no longer a viable opt.ion for the City to publish mandat.ed
notifications; and
WHEREAS, covernment Code Sect.ion GOOO indicates thaE a
newspaper of general circulaEion is a newspaper published for t.he
distribution of locar news wi.E.h an auEhent.ic subscription rist and is
published at regular intervals in Ehe St,aE.e, county, or city where
publicat.ion, notice by publicat.ion, or official advertiEing is t.o be
given or made for at. leasE one year preceding t.he daE.e of the
publication, notice or advertisementi and
WHEREAS, eovernment code secE.io.. 6042 states thaE when there
is no newspaper of general circulation published wiE.hin the
jurisdiction of t,he officer, Ehen pubricat.ion Ehall- be given or made in
a newspaper of general circulation published nearest theret.o; and
WHEREAS, Los Angeles Wave: The press Edition ( t.he ..Los
Angeles wave" ) is an adjudicated newspaper of general clrculation in
t.he Count.y of Los Angeles; and
WHEREAS, the City Council of the CiEy of Vernon finds E.hat,
the Los Angeles Wave meet,s the requirement.s for a newspaper of general
circulatj.on pubtished nearest E.o Ehe CiEy for t.he purposes of
pubrication and compliance with covernment code sect,ion Gooo eE seq.;
and
WHEREAS, the CiEy Council of the City of Vernon desires to
amend Sections 1.9 through t.g-2 of Ehe Vernon Municipal Code to
designat.e the Los Angeres wave as a legar newspaper published neares! to
E,he ciEy of vernon for the purposes of publishing ordinances, public
hearings, and other matters .
THE CTTY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION L: The Cit,y Council of the City of Vernon hereby
finds and deE.ermines E.haE, all 0f t.he foregoing recit.als are t.rue and
correcE..
SECTION 2: The CiEy Councit of the City of Vernon hereby
amends ChapE.er 1, General provisions, of E.he Vernon Cit.y Code, by
amending sect.ions 1.9 Ehrough 1.9-2, as set fort,h in ExhibiE A which iE
att.ached hereEo and incorporaE,ed by reference.
SECTION 3: Any ordinance, part ot an ordinance, or code
sect.ion in conflict with this Ordinance is hereby repealed.
SECTION 4: If any chapter, article, seclion, subsection,
subdivision, paragraph, sentence, clause, phrase, or word in this
ordinance or any part thereof is for any reason held E.o be
2
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affecE. t.he validity or
effect,iveness of Ehe remaining portions of this ordi-nance or any part
E.hereof . The ciE.y council hereby decrares Ehat it. would have adopt.ed
this Ordinance and each chapter, art.ic1e. section, subsect.ion,
subdivision, paragraph, senE.ence, clause or phrase thereof,
irrespect.ive of the fact thaE. any one or more chapters, articl_es,
sections, subseclions, subdivisions, paragraphs, sent.ences, clauses,
phrases or words be declared unconstitut ional , or invalid, or
ineffective.
SECTION 5: There being no newspaper prinEed, published or
circulated in the ciEy of vernon, the ciE.y cterk is hereby directed to
certify Eo the passage of this Ordinance and shall post E.he same, or
cause Ehe same to be posted, wit.hin fifteen (15) days af E.er its passage
in accordance wit.h section 3G933 of the Government code, in t,hree (3)
of Ehe most public places in t,he city of vernon, E.o wit.: the north$rest
corner of 38th Street. and sanEa Fe Avenue, the northeast corner of
Leonis Boulevard and pacific Bourevard, and on E.he burlet.in board
located outside on the waII near t,he second floor enlrance to the ciEy
HaII of said city, tocaEed at. 4305 sant.a Fe Avenue, ar1 in the city of
Vernon, County of Los Angeles, SE.at.e of California.
SECTION 5: Book of Ordinances. The City Clerk shaI1 atEesE
and cerEify Eo the adopt.ion of E.his ordinance and shaIl cause this
ordinance and E.he city clerk's cert,if icat.ion to be entered in t,he Book
of ordinances of t,he council of this city. The city clerk shalI cause
this ordinance to be published or posced as required by Iaw.
3
SECTIoN 7: EffecEive Date. This Ordinance shalI go int.o
effect and be in fuII force and effects at 12:01 a.m. on the Uhirty_
first (31sE.) day after its passage.
APPROVED AND ADOPTED this 3rd day of Apri1, 2018.
Name:
TiEIe:Mayor / Mavor Pro-Tem
ATTEST:
Maria E. Ayala, CiEy Clerk
APPROVED AS TO FORM:
Brian Byurt
Senior Deputy-CiEy At.torney
4
STATE OF CsIIFORNIA ))ss
COTJNTY OF LOS ANGELES )
I, Maria E. Aya1a, City Clerk of Ehe City of Vernon, do hereby
cert.ify that the foregoing Ordinance, being Ordinance No. 1250, was
dury and regurarry inEroduced at. a regular meeting of the city council
of E.he Cit.y of vernon, herd in E,he city of vernon on Tuesday, March 20,
2018, and Ehereafter adopted at a meeting of said city Councit held on
Tuesday, April 3, 2018, by the following vot,e:
AYES: Counci.lmembers :
NOES: Councilmembers:
ABSEMI: Councj.Imembers :
And thereafter was duly signed by E.he Mayor or Mayor pro_Tem of
Ehe CiEy of Vernon.
Executed this _ day of Apri1, 2018, at Vernon, California.
Maria E. Ayala, City Clerk
(SEAI)
5
EXHIBIT A
EXIIIBIT 'A"
CIIAPTER 1 . GE{ERAI., PROVISIONS .
*tt
Sec. 1.9. De8igDatLoE of Newapaper ln tbe City.
The Los Angel_es wave: The press Edit.ion, a newspaper of general
circuration published nearest Eo the ciE.y, is hereby desigmated as E.he
official newspaper of the city of vernon for E.he pubtication of any
ordinance, public hearing, or oE.her matt.er requiring such public
not.ice.
This section is intended only E,o designate E.he appropriate
ne$rspaper of the City for pubticat.ion of various lega11y reguired
notices. NoE.hing contained herein shall be deemed to impose any
requirement. of publication noE otherwise imposed by other provisions of
Iaw. Nor shaIl anyt.hing conE.ained herein be construct.ed E.o affecE the
olherwise required time, frequency, content or manner of noEice.
sec. 1.9-1. Srrnnnary of ordinance.
All ordinances requiring publication sha11 be published in t,he Los
Angeles wave: The press Edition, by reference tso their assigned number
and t,it1e. The notice shall advise t.hat the tiE.Ie, E.he description,
and Ehe fu1l text. of these ordinances are availabre in print.ed form in
t.he City Clerk, s of f ice.
Sec. 1.9 -2. uat,iEely publlcaEion.
rn t.he event the publicaEion of an ordinance by title and assigned
number, or any public hearing or notice, or other maE.Eer requiring
publicaEion cannoE. be E.imely published in t.he Los Angeles wave: The
Press Editsion, then the cit.y crerk shaI1 be aut.horized to post. said
ordinance by tiE.le and assigned number, public hearing, public noE,ice,
or other mat.ter in accordance with SecE.ion L.10.
ExhibiE. A, page 1
Sec. 1.9-3. Compliaace with publicatior Requirementa.
The City Clerk shal1 also comply $riE.h any ot.her publication
requirements imposed by federal 0r stsate Iaw as may be appricable to a
particular type of ordinance, resolution or public notice.
ExhibiE. A, page 2
REC (.E fED
MAR 2 S 23IE
CITY ADMINISIRATION
c43-2#t
t'lAR28i.8
CITY CLERI('S i.TFICE STAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
April 3,2018
Honorable Mayor and City Council
Michael A. Earl, Director of Human Resources
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING AMENDMENT NO. 1 TO THE VERNON FIREMEN'S
ASSOCIATION 2016-2019 MEMORANDUM OF UNDERSTANDING
Recommendation
A. Find that approval of the proposed Amendment No. I to the Vernon Firemen's
Association (VFA) 2016-2019 Memorandum of Understanding is exempt from Califomia
Environmental Quality Act (CEQA) review. because it is an administrative activity that
will not result in direct or indirect physical changes in the environment and therefore does
not constinrte a "project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution approving Amendment No. I to the Vemon Firemen's
Association 2016-2019 Memorandum of Understanding to amend the following
provision:
l. Article Three, Section 15, Fire Staff Premium Pay
Background
The term of the current Memorandum of Understanding (MOU) between the City and the
Vemon Firemen's Association (VFA) is from July 1,2016 through June 30,20'19. Through a
prior agreement between the parties, a Fire Captain represented by the VFA receives a five
percent (5%) premium pay when assigned the duties and responsibilities of coordinating and
maintaining all Fire Department apparatus and equipment OR coordinating the inspection, repair
and replacement of all personal protective equipment (PPE) and safety gear throughout the
Departrnent. These are considered administrative assignments and can be performed by
employees on either a forty-hour or fifty-six-hour workweek schedule.
The Califomia Public Employees' Retirement System (CaIPERS) recently notified the City that
the language in the previous MOU required revision in order to clearly meet the CaIPERS
definition of special compensation and. therefore, be reponable to CaIPERS for retirement
Page I of2
benefit calculations. The City has been reporting the premium pay to CaIPERS and making the
required contributions for reporting this compensation for several years. However, in order to
continue doing so, CaIPERS is requiring the proposed amendment. CaIPERS has reviewed and
approved the proposed language as has the VFA. The City Attomey's Office has reviewed and
approved the amendment as to form.
Fiscal Imnact
There is no fiscal impact as a result of the recommended amendment. The City and employees
have been making all required contributions associated with the special compensation reported to
CaIPERS.
Attachment(s)
1. Resolution
Page 2 of 2
RESOIJUTION NO.
A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF
VERNON APPROVING THE AMENDMEMT NO. ]- TO THE
MEMORANDW OF UNDERSTANDING BY AND BETWEEN THE CTTY
OF VERNON AND THE VERNON FIREMEN'S ASSOCIATION FOR
THE PERIOD OF JULY I , 2OI5 THROUGH .JIJNE 3 O , 2 019
WHEREAS, the Vernon Firemen,s Association ("VFA") has been
recognized as ar employee organization pursuanE Eo Ehe CiEy of Vernon
Employer-Employee Relations ResoluEion (Resolution No. 4027\; a]:d
WHEREAS, on JuIy 12, 20L5, the City Council of Ehe City of
Vernon adopEed Resolution No. 2015-35 approving a Memorandum of
UndersEanding ("MOU/) seEEing forth certain terms and condit.ions for
employment of City of Vernon employees in classifications represent.ed
by the VFA, for the period of July 1-, 2Ol5 through June 30, 2Ol-9; and
WHEREAS, represencative members of the VFA and the City have
agreed t.o execut.e an AmendmenE No. 1 t.o Ehe MOU (the ..Amendment,, )
relaE.ing Eo Fire St.af f Premium Pay, and
WHEREAS, the City CounciL of the CiCy of Vernon desires to
approve t.he Amendment. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI]NCIL OF THE
CTTY OF VERNON AS FOLLOWS:
SECTION 1: The Cit.y Council of the City of Vernon hereby
f inds and det.ermines t.hat the above recit.als are t.rue and correcc.
SECTION 2: The City Council of the Citsy of Vernon finds
Ehat t.his action is exempE. from California Environment.al Ouality Act.
(CEQA) review, because its is an administrative actsiviE.y t.haE wil1 not.
result. in direct or indirect physical changes in the environment. and
t.heref ore does not const.itute a ,.proj ect,, as def ined by CEOA
GuideLines Section 15378.
SECTION 3: The Cit.y Council of Ehe CiEy of Vernon hereby
approves the Amendment. No. l- t.o the Memorandum of Understanding between
the CiEy of Vernon and the Vernon Firemen's Associ,aEion, j-n
su-bscantially the same form as attsached hereEo as Exhibits A.
SECTION 4: The City Council- of Ehe City of Vernon hereby
instructs t.he Cit.y AdminisErator, or his designee, Eo take whatever
acE.ion is deemed necessary or desirable for Ehe purpose of implementing
and carrying out the purposes of Ehis Resolut.ion and the transactions
herein approved or auEhorized, including but. not limit.ed to, any
nonsubstantive changes to Ehe Amendment aE.t.ached herein.
SECTION 5: The City Council of t.he City of Vernon hereby
directs the City Clerk, or tshe City Clerk's designee, to send a fu11y
execut.ed Amendment to Dean Richens, PresidenE of Ehe Vernon Firemen's
Associatsion.
2
SECTION 5: The City Clerk of the City of Vernon shall
cerEify to the passage, approval and adopEion of Ehis resolution, and
the City C1erk, of the City of Vernon shalL cause Ehis resolut.ion and
the City Clerk's certificaE.ion Eo be entered in the File of Resolutions
of t.he Council of this CiEy.
APPROVED AND ADOPTED this 3rd day of Apri1, 2018.
Name :
Title: Mayor / Mayor Pro-Tem
ATTEST:
Maria E. Aya1a, City Clerk
-3-
TO FORM :
zay-nah Mouss
Senior Deputfl City AtEorney
STATE OF CAIIFORNIA )
) ss
COI'NTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
cerCify that t.he foregoing Resolut,ion, being Resolution No.
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, April 3, 2018, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of t,he City of Vernon.
Executed t.his day of Apri1, 2018, aE. Vernon, California.
Maria E. Aya1a, City Clerk
(SEAL)
4
EXHIBIT A
AMENDNIENT NO. I TO THE MEMORANDUM OF TiNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON FIREMEN'S ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter l0 (section 3500 et seq) of Division 4, Title I of the Government Code, and
Resolution No. 4027, the Resolution for the administration of employer-employee relations, the
matters within the scope ofrepresentation that are set forth in this Memorandum ofUnderstanding
(MOU) have been discussed by and between representatives of the City of Vemon and the
representatives of the Vemon Firemen's Association (hereinafter "VFA") and except as otherwise
specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all
full+ime and regular part-time employees in the Fire Department except management employees."
This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations
Representative ("MERR") and the VFA. to be submitted to the City Council of the City of Vemon
for its determination and approval by one or more Resolutions or Ordinances as the City Council
may deem fit and proper.
The MERR and the Representative of the VFA have agreed that they will jointly urge the City
Council of Vemon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this Amendmenl. If approved,
the terms agreed upon by this Amendment to the MOU shall be deemed in effect as of July l,
2016, and shall expire at midnight on June 30, 2019.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and
the City of Vemon agree that Article Three, Section 15 is amended within the MOU as follows:
ARTICLE THREE
Premium Pav
At the discretion of the Fire Chiei a Fire Captain who is routinelv and consistently assigned
administrative work associated with the agaftieaalauSHe coordinatlsne ind+he maintenance of
all Fire Department apparatus and equipment end11-to coordinate inspection, repair and
replacement ofall personal protective equipment (PPE) and safety gear shall be eligible to receive
a five percent (5%) premium pay. Thgggis additional administrative taskg may be assigned to a
Fire Captain on the 40-hour or 56-hour work week schedule.
The five percent (5%) premium shall not be considered to be part of the employee's base salary
when computing other incentive pay.
SIGNATURE PAGE
CITY OF VERNON VER\ON FIREMEN'S ASSOC.
Carlos R. Fandino. Jr.
City Administrator
Dean Richens
President
Michael A. Earl
Director of Human Resources
Todd Heu,itt
Vice-President
Bruce English
Fire Chief
APPROVED AS TO FORM:
Hema Patel
City Attomey
APPROVED AND ADOPTED BY THE CITY COTINCIL ON
RESOLUTION NO.
ATTEST:
PER
Maria Ayala, City Clerk
Dated:
IRECEBVED
MAR 2 C zOIERECEI\1ED
MAR 2 6 2018
CITY CI.ERl('S OFFICE
STAFF REPORT
H u MAN RES ou RC'"r
^r"-*i *i,
"
*r @ S'2v - v
DATE:
TO:
FROM:
RE:
April 3,2018
Honorable Mayor and City Council
Michael A. Earl, Director of Hum
^n R""our""r4ft/
Originator: Lisette M. Grizzelle, Senior Human Resources Analyst
A RESOLUTION OF THE CITY COUNCIL PROCLAIMING THE
MONTH OF APRIL 2018 AS "SEXUAL ASSAULT AWARNESS MONTH"
AND APRIL 25,2OI8 AS "DENIM DAY'IN THE CITY OF VERNON.
Recommendation
A. Find that the request to adopt the attached resolution proclaiming April 2018 as "sexual
Assault Awareness Month" and April 25,2Ol8 as "Denim Day" 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.
B. Adopt the attached resolution proclaiming April 2018 as "sexual Assault Awareness
Month" and April 25, 2018 as "Denim Day" in the City of Vernon in support of the peace
Over Violence sexual violence education campaign.
Backsround
Since 2001 the month of April has been observed as "sexual Assault Awareness Month" by the
National Sexual Violence Resource Center and other nonprofit sexual assault coalition service
agencies. As part of the Sexual Assault Awareness Month activities, the local nonprofrt
organization Peace Over Violence has declared April 25,2018 "Denim Day" in [.os Angeles.
The Denim Day campaign protests an Italian Supreme Coun decision to overtum a rape
conviction because the victim wore jeans. The campaign draws attention to the fact that rape and
sexual assault remains a serious issue in our society.
The Denim Day campaign encourages community members, elected officials, business and
students to make a social statement with their fashion by wearing jeans on April 25th as a visible
means of protest against misconceptions surrounding sexual assault. As in recent years, Peace
Over Violence encourages local cities to adopt resolutions in support ofthis campaign.
Page I of 2
Fiscal Imoact
This activity can be caffied out without additional impact on (he current operating budget.
Attachment(s)
l. Resolution.
Page 2 of 2
0fG
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECI.ARING THE MONTH OF APRIL 2018 AS
"SEXUAL ASSAULT AWARENESS MONTH" AND
APRIL 25,2078 AS "DENIM DAY'
WHEREAS, Peace Oler Violence is a nonprofit volunteer organization dedicated to
buildrng healthv relationships, families and communities free from sexual, domestic and
interpersonal violence, s'hich, srnce 1999, has organized sexual riolence prevendon and education
campaigns; and
WHEREAS, Peace Or-er Violence encourages the Cin'Council of the Cin'of
Yemon to recognize April 2018 as "Sexual Assault Arvareness Nlonth," and April 25,2018 zs
,.Derum DaV"; and
NflHEREAS, Sexual Assault Au,rareness lr{onth and Derum Day are intended to draw
attendon to the fact that tape and sexual assault condnue to be serious issues in our socieq, and
both erents were instiruted to call attention to misconceptions and misinformation about rape and
sexual assault, and the problem that manv in socieE remain unrnformed u'ith respect to issues of
assault and forcible rape; and
WHEREAS, Derum Day originated in 1999 after u'omen in the Iulian Parliament
protested the Italian Supreme Court's overtuming of a rape conriction; and
TJYHEREAS, the Ciq Councrl of the Ciq-of Yemon encourages its employees,
residents and members of the busrness communin to parucipate rn Sexual .\ssault Au'areness
Nlonth rn support of the effons ofPeace Over Yiolence to educate aU people in our comrnunin'
about the true impact of rape and sexual assault, and to rvear jeans on April 25, 2018 as a visible
means of awareness against misconceptions that surround sexual assault.
NO\U(/, THEREFORE, BE IT RESOLYED BY THE CITY COUNCIL OF THE
CITY OF \/ERNON AS FOIIOWS:
SECTION 1: The City Council of the Ciq of Vemon herebr declares the mont} of
April 2018 as Sexual Assault Au'areness l\Ionth, and Apnl 25,2018 as Denim Day.
SECTION 2: The Ciq' Council of the City of Vemon hereby authorzes all
emplolees to exercise appropriate discretron in wearing jeans on April 25,201g, as a visible means
of awareness ageinst misconceptions that surround sexual assault.
SECTION 3: The Cin- Clerk of the Ciw of \/emon shall certift. to the passage,
approval and adoption of this Resolution, and the City Clerk of the Ciq.of Vemon shall caose this
Resolution and the City Clerk's cenification to be entered in the F e of Resolutions of the Council
of this Citr'.
APPRO\/ED AND ADOPTED this 3.d day of April, 2018.
Name:
ATTEST:
Tide: Nlavor / \Iator Pro Tem
Nlana E. A).ala, Cit\- Clerk
APPROYED.\S TO FOR\I:
Senior Deputl Cirr- Attomev
2
STATE OF CALIFORNIA )
couNTyoFLosANGELES l.'
I' Maria E. Ayala, city cletk of the City of vemon, do heteby certis. that the foregoing
Resolution, being Resolution No.
-,
was duly passed apptoved and adopted by the city counci.l
of the City of Vemon at a regular meedng of the cin' Counc.il dury herd on Tuesday, Aptil 3. 201g,
and thereafter was duly signed by tle lvfayor or Mayor pro-Tem of the City of Vemon.
Executed this _ day of April, 2018, at Vemon, Califomra.
N{aria E. Avala, Cit_r. Clerk
(sE,\r)
J
RE';:EVED
MAR 2 9 2018
CITY CLEtlKS OIFICE
MAR2E
clIY ,l'li'lilt,l
20r8
iTRATIt)NSTAFF REPORT
PUBLIC woRKS DEPARTMENT0( lxqlt
DATE:
TO:
FROM:
RE:
April 3,2018
Honorable Mayor and City Council
Daniel Wall, Director of Public Works llN \['(
Originator: Felix Velasco, Associate Engineer 1s-y'
Contract Award for City Contract No. CS-0940: Downey Road
Improvements
Recommendation
A. Find that the award of the proposed Capital Improvemenr Project at Downey Road is
categorically exempt under the California Environmentally Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing
highways and streets), because the project is merely to repair existing streets and involves
negligible or no expansion of existing use; and
B. Accept the bid proposal from Hardy & Harper, [nc., as the lowest responsive and
responsible bidder for the Downey Road Improvements Project and reject all other bids;
and
C. Approve and authorize the City Administrator to execute contract CS-0940 in the amount
of $1,828,000 for the Downey Road Improvements Project, for a period not to exceed 60
calendar days; and
D. Authorize a contingency of $75,000.00 in the event of an unexpected changed condition
in the project and grant authority to the City Administrator to issue a change order for an
amount up to the contingency amount, if necessary.
Background
The Downey Road Improvements Project consists of a 6" deep removal and replacement of the
existing asphalt pavement, adjusting to grade manholes and valves and rejuvenation by mixing
the removed asphalt with new emulsified recycling agents, water and additives Cold Central
Plant Recycling (ccPR) process. After curing of the recycled asphalt, an overlay of 2-inch thick
latex modified asphalt concrete will be installed on the streets per plans. tn addition, removal and
replacement of damaged curb, gutter, sidewalk, driveways, and the installation of handicap
Page I of 2
access ramps will be completed per the plans. High-Early (8" thick) concrete approaches will be
constructed at various intersections. Traffic Signal rewiring will be done at two intersection and
traffic modifications will be made at two intersections. Channelization of paved streets shall
include traffic striping and pavement markings.
On February 21,2018, the City Attorney approved as to form the project specifications and
on February 26,2018, the City Administrator authorized the advertisement of the Notice Inviting
Sealed, Competitive Bids for the Downey Road Improvements Project. The Notice Inviting Bids was
posted on the City's website and published in the La Opinion newspaper and in addition it was also
advertised in the following construction related websites: Bid America, eBidboard Construction
Contract Advertising, and McGraw-Hill Construction. The Department has utilized the template
Notice Inviting Bids, Bid Form and Project Specifications, Instructions to Bidders and
Specifications and Contract approved by City Council.
The bids for Contract No. CS-0940, Downey Road Improvement Project, were received and
opened on March 15,2018. The calculated results were as follows:
l. Hardy & Harper, Inc.2. All American Asphalt
3. Excel Paving4. Sully Miller
5. Sequel Contractors, Inc.6. Shawnan
$1,828,000
$2,097,392
$2,128.678
$2, r39,000
$2,480,28s
$3,076,881
Fiscal Impact
The total budgeted funds for this project are $1,440,000. The deficit of $388,000 and the
contingency of $75,000 will be covered with funds from the Public Works Capital Improvement
Project Budget.
The Public Works Department has combined the Capital Expenditure funds from the following
Capital Improvement Projects in the approved FY 2017-2018 City Budget:
$1,080,000 from Downey Road Improvements (LA River to Fruitland)
$120,000 from Slurry Seal Improvements
$60,000 from Downey Road at Vernon Avenue Traffic Signal Improvements
$30,000 from Downey Road at l*onis Boulevard Traffic Signal Improvements
$50,000 from Downey Road at Fruitland Avenue Traffic Signal Improvements
$50,000 from Santa Fe Avenue at 48th Street Traffic Signal Improvements
$50,000 from Miscellaneous Sidewalk Repairs
Attachment(s)
l. Contract Agreement No. CS-0940
Page 2 of 2
STANDARD FORM OF
CONSTRUCTION CONTMCT BETWEEN
CITY AND CONTMCTOR
This Agreement is made and entered inlo at Vemon, Califomia this _ day of , 20 _, by
and behreen the CIW OF VERNON, a chartered municipal mrporalion (hereinafter 'City") and Hardv & Haroer. lnc,,
a Califomia mrporation (hereinafter 'Contractor'), for construction of Downey Road lmprovemenis.
THE PARTIES HERETO AGREE AS FOLLOWS:
1, CONTMCTDOCUMENTS
The "Contracl Documents' except for modifications issued after execution of this Agreement, shall mnsist of the
following documents which are either attached heeto as exhibits or are incorporated into lhis Agreement by this
reference, with the same force and effecl as if set forth at length herein:
A. Govemmental Approvals including, but not limited lo, permits required for the Work
B. This Agreement
C, Exhibit A - General Conditions
D. Exhibit 1 -Performance Bond
E. Exhibit B - Special Provisions Specilic for this Pro.iect
F. Exhibit C - Living Wage Pmvisions
G. Exhibit D - Equal Employment Opportunity Practices Povisions
H. Notice lnviting Bids;
L lnstructions to Bidders;
J. Bid Forms;
K. Designation of Subcontractors; and
L. Bidding Addenda Nos, _1_.
2. SECTION INTENTIONALLY OMITTED
3, SCOPEOFWORK
Within the Contract Time and for the stated Contract Sum, subject lo adiustments thereto, and pursuant to the Contract
Documents, the Contractor 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; ulility mnnections; and transpodation necessary to complete the Work in strict conformity
with the Contract Documents for:
4. TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substantial Completion of the Work within 60 calerdar days from the
Date of Commencement established in City's wdtlen Notice to Proceed ("Contracl Time'), subject to adjustment in
accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time
established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted
as permitted by this Conslruction Contract and the General Conditions.
Time is of the essence of this Agreement. Except when the Contract Documents state otheruse, time is of
the essence in the performance of the Work. Contraclor acknowledges that the time limits and deadlines set forth in
the Conkact Documents are reasonable for Contractor to perform and complete the Work
Liquidated Damages. ll Contractor fails to achieve Subslantial Completion of the entire Work within the
Contracl Time for Substantial Completion, Contractor shall pay City as llq!,ldggl!.arnegE the amount of fifteen
hundred dollars ($1,5O0) per day for each calendar day occurring after the expiration of the Contract Time for
Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of
the General Conditions of Contracl.
5, CONTMCT SUM
ln consideration ol the Contractor's full, complete, timely, and faithful perlormance of the Work required by the
Contract Documents, City shall pay Contractor lhe sum of one million, eight hundred and twenty eight thousand
dollans/no cents ($1,828,000), payable as set forlh in the General Conditions ('Contract Sum').
Downey Road lmprovements
Soecillcation No. CS-0940
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lN WITNESS WHEREoF, the parties have caused this Contract to be execuled the date and year Ilrst
above written.
Executed at
[Contractols Corporate Seal]
CITY OF VERNON:
IContractor]:
By:
An Authorized Signatory
Prinled Name:
Title:
APPROVED AS TO FORM:
By'
CONTMCTOR'S SIGNATURE [,IUST BE NOTARIZED
California.
By:
Name
Title:
Name: _
Title: _
Date: _
ATTEST
By:
-Name
Title:
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EXHIBIT A
GENERAL CONDITIONS
ARTICTE 1- PRELIMINARY PROVISIONS
DEFINITIONS
The following words shall have the followrng meanings:
A. Allowance. A line item mst estimate established by lhe C y to be canied in lhe Base Bid sum, Contract
Sum, and Schedule of Values for Payment for a partifllar item of Work, which cannot be sufficiently
dellned so as to allow the Contractor to adequately determine fair value before the Bid Deadline.
Allowances include estrmated amounts established by the City for certain construction elemenls that
have not yet been ,ully designed or authorized for inclusion in he Work or lo permit delened approval
or selection of actual materials and equipment to a later date when additional informalion is available
for evaluation.
B. As-Builts. The documents prepared by Conhactor showing the condition of the Work as actually
built, including, without limitation, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other porlions of the Wo* that are shown diagrammatically in the Contract
Documenls.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers lo perform Work described
in the Contract Documents as the base Contracl Wo* (e.9. notdesignated as part of a Bid Alternale).
D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the
Work for the prices stated in response to the Notice lnviting Bids.
E. Bid Alternate. An item of Work described in the Contract Documents as an Altemate Bid that will be
added to or deducted from the Base Bid and the Contractor's responsibility only if lhe City accepts
the 8id Altemate.
F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The
Bid Forms include: (1)Bidde/s Proposal; (2)Schedule of Bid Prices; (3) lncumbency Cerlificate; (4)
Bid Bond; (5) Bidder's Slatement of Qualifications; (6) Experience Form; (7) Trades Experience
Form; (8) Conlractor Safety Questionnaire; (9) Designation of Sukontractors; (10) Affidavit of Non-
Collusion; (11) lnsurance Requiremenls Affidavit; and (12) forms included in the Specification
required by the type of project funding (e.9. iederal, ARRA, HUD, etc.).
G. Bidder. The individual, partnership, firm, mrporation, joint venture or other legal entity submitting a bid
on these Contract Documents or any parl thereof,
H. Bidding Documents. Bidding Documents include the Bidding Requirements and the poposed Contract
Documents. The Bidding Rquirements consist of: (1)Notice lnviling Bids; (2) lnstructions to Bidders;
and (3) Bid Forms. The proposed Contract Documents consisl of: (1)the Bidding Requirements; (2)
the Construction Contract Between City and Contrac{or; (3) the Conditions of the Contracl (General,
Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the
Specifications; (7) all Addenda issued prior to the execution ol the Construction Contracl; (8) all
Modifications issued after the execution oflhe Construction Contract; and (9)GovemmentalApprovals,
if any, including but not limited to, permits.
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Change Order. A Change order is a written document prepared by the City reflecling the agreement
between the City and Contractor for: a change rn the terms or conditions ol the Contract, if any; a
specdlc Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and
the extent of the adjustment, if any, in the Contract Time.
Change Order Request (COR). A Change Order Request is a wntten document originaled by the
Contraclor, which describes an instruction issued by the City after the effective date of the Contract,
which Contractor believes to be a scope change that may result in changes to the Contract Sum or
Conlract Time or, which descnbes the need for or desirability of a change in the Wo* proposed by
Contractor.
City or Owner. The City of Vemon, Califomia, acting through its City Council or other City officials
authorized to act for the City, acling in ils proprietary rather than regulatory capacrty in mnneclion with
the Project.
Construclion Change Direclive. A Mitten order prepared and signed by the City direc{ing a change in
Work prior lo agreement on adjustment, if any, in lhe Contract Sum or Contract Time, or both.
Contract Documents. The Contract Documenls are enumerated in the Construction Contract
between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction
Contract; (3) the Conditions of the Contract (General, Supplemenlary, and Special, il applicable); (4)
all Exhibits to the Contracl; (5) fre Drawings; (6) the Specifications; (7) a Addenda issued prior to the
execulion oi the Contract; (8) all Modifications issued after the execution of the Contract; and (g)
Govemmental Approvals, including, bul not limited to, permits. The intent of the Conlract Documenls
is to include all items necessary Ior the proper execution and completion of lhe Work by the
Contractor, The Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required to the extent consistenl
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
Contract. The Contract Documents form the Contract for Construction. The Contract Represents
the entire and integrated agreement between the parties herelo and supersedes pnor negotiations,
representations, or agreements, either writlen or oral, The Contract may be amended or modified
on by a Modffication. The Contract Documenls shall not be construed to create a @ntractual
relationship of any kind between any persons or entilies other than the owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documents.
Contract Sum. The total amount of compensalion stated in the Construction Contract that is payable
to Conlractorfor the complete performance of the Wo* in accordarrce with the Contract Documenls.
Contract Time. The total number of days set Iorth in the Construction Contact within which
Substantial Completion of the Work must be achieved beginning with the Date of Commencement
established in the Notice to Proceed, subject to adjuslments in accordance with the lerms of the
Conlract Documents. The Contract Time for Contracto/s performance ol the Work is measured in
calendar days (not work days).
Contractor. The individual, partnership, firm, corporation, joinl venture or other legal entity wth whom
the Conlract is made by City, or the agent or legal representative who may be appointed to represent
such individual, partnership, firm, mrporation, joint venlure or other legal entity in the execution of the
Contract as general conlraclor for @nstruction of the Work.
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Conection Penod. Conection Period is synonymous with the terms of the correction guarantee penod
used in the Contract Documents.
Date of Commencement, The date for commencemenl of the Work fixed by City in a Notice to
Proceed to Conlractor.
Day. The terms "day" or "days" mean calendar days unless otherwise specilically designated in the
Contract Documents. The term 'Wo* Da/ or "Working Day" shall mean any calendar day except
Saturdays, Sundays and City-remgnized legal holidays. City Holidays are as followsl
1. January 1st - New Yea/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 - Memorial Day
6. July 4th - lndependence Day
7. The first Monday in September - Labor Day
8. The second Monday in October - Columbus Day
9. November 1'1th - Veterans Day
10. The 4th Thursday in November - Thanksgiving Day
'11 . December 24th - Christmas Eve
12. December 25th - Christmas Day
13. December 31st- New Yea/s Eve
Director. The Director of the Public Works Departmenl of lhe City of Vemon or his/her duly appointed
representative.
Drawings, The Drawings are lhe graphic and pictonal portions of the Contract Documents showing the
design, location, and dimensions of the Work, generally including plans, elevations, sections, details,
schedules, and diagrams.
Extra Work. New or unforeseen uork will be dassified as Extra Work when determined by the City
that lhe work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional
and unloreseen cosls.
Field Directive. See, 'Work Directive."
Final Completion. Final Completion is the stage of performance of the Work when (1) all Work
required by the Contract Documents has been lully completed in mmpliance with the Contract
Documents and all applicable laws including, but not limited to, correclion or completion of all punch
list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an
Application for Final Payment and all closeout documentation required by the Contract Documents;
and (3) documentation of allfinal Governmental Approvals has been submitted to City including, but
not limited to a final Certiflcate of Occupancy or equivalent Building Department signdf has been
issued covering the entire Project site without exception or condilions.
Force Majeure. "Force Majeure" includes but is not limited lo declarcd or undeclared war, sabotage,
insurrection, not, or olher acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acls of God.
Fragnet. The sequence ol new activities that are proposed to be added to an existing schedule.
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Govemmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulalion or pocedures in order for Contraclor to perform lhe Work,
Guarantee. Assurance lo City by Contraclor or product manufaclurer or other specmed party, as
guarantor, that the specified wananty will be futfilled by the guarantor in the event of default by the
wanantor.
Modification. A Modification is: (1)a Mitten amendment to Contract signed by both parties; (2) a
Change order; or (3) a Construction Change Directive.
Notice to Proceed. The Notice to Proceed is a document issued by the City lixing the date for
Commencement for the Work.
Parties. The City and Conlractor may be refened to in the Conlract Documents from time to time as
the Parlies.
Permil Fees. Govemmental Approvals and Utility Fees as required by any agency to be paid by the
City of Vemon.
Section lntentionally Omitted.
Project. The Proiect is the total mnstruction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by the City orby separate
contractors.
Projecl Manual/Contracl Package. The volumes of Contract Documents and reference documenls
assembled for the Work made available lo Bidders,
Record Documents. The Drawings, Specifications, addenda, requesls for information, bulletins,
Change Orders and other modifications to the Contract Documents, appoved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test resulls, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set of "As-Built' Drawings
and Specifications, which shall be continuously updated during the prcseoition ot lhe Work.
The physical area designated in the Conkact Documents Ior Contractois performance of the
Speciflcations. The Specifications are the volume(s) assembled for the Work lhat includes, without
limitation, the Bidding Documenls, the Construction Conlract and Exhibits, the General Conditions,
Supplementary and/or Special Conditions, if any, the 'GREENBOOK STANDARD
SPECIFICATIONS F0R PUBLIC WoRKS CONSTRUCTI0N (2012 Edition), the Slandard Ptans for
Public Wo*s Construction (2009 Edition), Stale of Califomia, Department of Transportation
Standard Plans and Standard Specifications (2010 Edition), and the City ol Vemon Standard Plans.
Specrfications. The Specifications are that portion of lhe Conlract Documents consisling of the
written requirements for matenals, equipment, systems, standards, and workmanship for the Work
and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specrfications, if any, and any applicable Trade Association Specifications.
Substantial Completion. Substantial Completion is defined to mean the stage in the progress ofthe
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 for its intended use and as
further dellned in the Contract Documents.
PP. Unilateral Change Order. See'Work Directive.'
OO. Utility Fees. The Iees charged by any public, pnvate, cooperatrve, municipal and/or govemment line,
facility or system used for the caniage, transmission and/or distribution of cable television, electric
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
mmmodity including, bul nol limiled to fees for temporary ulililies and refuse hauling.
RR. Wananty. Assurance lo City by mntractor, installer, supplier, manufacturer or other party responsible
as warantor, for the quantrty, quality, performance and other representations of a producl, system
servrce of the Work.
SS. Work. The term 'Work" means the construction and other services required by, and reasonably
inferable from the Contract Documents, whelher completed or parlially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Conlractor to fulfill
the Contractor's obligations. The Work may constitute the whole or a part of the Project.
TT. Work Direclive. A Work Directive is a unilateral written order issued by the City directing Contractor
to continue performance ofthe Work or to perform a dispuled change in the Work prior to agreement
or adjustmenl, if any, in the Contract Sum, Contract Time, or both.
1.02 REPRESENTATIVES
A The Director shall be the representative ol the City and, except as otherwise expressly provided
herein, shall make all decisions and interpretations to be made by he City under the pmvisions of the
Contract Documenls.
B. The Contrac{or shall at all times be represented on the Work in person or by a duly designated agent.
Instructions and information given by the Director to the Contracto/s agent on lhe Work shall be
considered as having been given to the Contractor.
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UTILITIES
A. City of Vemon shall obtain all Govemmental Approvals and Utilrty Fees required for the mnstruction of
the prolecl.
B. Conlractor shall obtain a nofee encroachment permit fom trhe City of Vemon's Public Work, Water
and Development Services Department.
C. All documents evidencing Contractor's satisfaction with all Govemmental Appmvals and Utility Fees
must be submitted to the City prior to submission ol the Application for Final Payment.
D, Where requirements of the Govemmental Appovals differ from those of the Drawings and
Specifications, the more stringent requiremenls shall apply.
E. Unless othenrvise speolied in the Contracl Documents, Contraclor shall be responsible for payments
of all Utility Fees from the Date of Commencement until City's Final Acceptance of the Work.
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LICENSES
The Contractor shall apply for, obtain, and pay for all licenses required by goveming authorities for the Work.
Contractor shall apply and pay for a City of Vemon business license.
ALLOWANCES
A. Contraclor shall indude in the Conlracl Sum and Schedule of Values for Paymenl, he City's estimated
mst established for each Work item mvered by an Allowance stated in the Contract Documents. See
Paragraph 1.01 for definition of Allowance.
B. The line item msl estimate established by the City for Wo* covered by an Allowance includes the cost
lo Contractor of: all matenals and equipment, preparation of submittals; labor; transportation; delivery;
handling; inslallation; supervrsion; overtpad; profrt; licenses; bonds; insurance; all sales, use and other
taxes legally chargeable; and all olher msts and expenses incidental lo such Work.
C. Work items mvered by Allowances shall be supplied with such matenals and equipmenl and for such
pnces approved in advance by City. Contractor shall notify and rEuest City's appoval of material
equipment, and pricing inlormation for Work covered by an Allowance before ordering the matenal or
equipment and in suficient time to avoid delay lo the Work. City shall provide approval of materials,
equipment, and prices with reasonable promptness. The material, equipment, and pricing information
submitted by the Contractor to the City's Projecl Manager shall, at a minimum, indude product data
and detailed costs of material, equipment, and laborto mmplete such Work, itemized by costs incured
by Contractor and each subcontraclor associated with the performance of such Work, Conlractor shall
not order materials or equipment or poceed with Work covered by an Allowance until the malerial,
equipment, and pricing information for such Work items have been submitted to the City's pmject
Representative for review and the Contraclor has received City's approval to proceed with a Work item
covercd by an Allowance.
D. All expenditures for Allowance Work shall be separately itemized in each Application for payment.
E. To the extent that the mst of Work items mvered by an Allowance is less than the Allowance cost
eslimate establlshed by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Direc{ive to reflecl the actual cost ot the Allowance item. Similarly, to the extent the cost of
Work items covered by an Allowance is greater than lhe Allowance cost estimate, the Contracl Sum
shall be increased by Change order or Construction Change Directive to reflect the ac{ual cost of the
Allowance item. lf Work items covered by an Ailowance are not performed or the City deletes such
items from the Scope of Work, the Contract Sum shall be reduced by Change order or Construction
Change Directive to deduct the Cost of the unused Allowance item.
WAIVER
A waiver by City of any breach of any term, @venant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenanl, or condilion
contained therein, whether of the same or a different character.
DATA TO BE FURNISHED BY THE CONTMCTOR
The Contractor shall fumish the Director with such information as the Direclor may desire respecting the
chaccter of the materials and lhe progress and manner of the Work, including all information necessary to
delermine the Contracto/s costs, such as the number of persons employed, their pay, the time during which
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they worked on the various classes ofconstruction, and other pertinent data.
CONTMCT DMWINGS
The City will accept no responsibility for enors resulting from misinterpretation or scaling of the Drawings.
SPECIFICATIONS AND DMWINGS
A. The Contractor shall keep on the Work Site a copy of all Specificattons, Drawings, and Change
Orders pertaining to the Work and shall at all times give the Director access thereto. Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be ol like effecl as though shown or mentioned in both.
B. ln general, the Drawings will show dimensions, positions, and kind of mnstruction; and the
Specifications will define materials, quality, and standards. Any Work not particularly detailed,
marked or specified, shall be lhe same as similar parts that are detailed, marked or specified.
C. The Drawings shall not be scaled to determine dimensions, and in allcases shall be calctlated fom
figures shown on the Drawngs. Any discrepancies bel' €en scale and ligured dimensions, not
marked "not to scale,'must be brought to the Director's attention before proceeding wilh the WoIk
affected by the discrepancy.
D. Omissions from the Drawrngs and/or Speoficatrons shall not relieve the Contraclor from the
responsibility of fumishing, making, or installing all items required by law or mde, or usually
fumished, made or installed in a pol€ct of lhe smp and general character indicated by the Drawings
and Specificalions.
E. For convenience, the Dmwings and Specifications may be ananged in various trade subparagraphs,
but such segregation shall nol be mnsidered as limrling the Work ol any subcontract or trade. The
Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of lhe
location or provision in the Drawings and Specifications.
F. The City will fumish free of charge to the fontraclor, a maximum of six (6) sets of Contract Drawings
and Specifications. The Conkactor shall pay for the costs of any additional sets or portions thereof.
The Contractor shall be responsible to see that all sets are the same as the uptedate approved set.
PRECEDENCE OF CONTMCT DOCUMENTS
A. ln the event of conllict between any of the Conlract Documents, the provisions placing a more
stnngent requirement on lhe Contractor shall prevail. The Contrac{or shall provide the better
quality or greater quantity of Work and/or materials unless otheMise directed by City in writing. ln
the event none of the Contract Documents place a more stringenl requirement or greater burden
on the Contractor, the controlling provision shall be that which is found in the documenl with higher
precedence in actordance with the following order of precedence:
1. Govemmental Approvals including, but not limited to, permits required Ior the Work
2. Modifications issued after execution of the Contract (including modificalions to Drawings
and Specifications)
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The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
Special Conditions, if any
General Conditons
Specifrcations
Drawings
8. Bidding Requirements
With reference to the Drawings, the order of precedence is as follows:
1. Change Order Drawings
2. Addenda Drawings
3. Contract Drawings
4. Project Drawings
5. Slandard Drawings
6, Detail Drawings
7. General Drawings
Figures
9. Scaled dimensions
C. Within the Specifications, the order of precedence is as follows:
'1 . Change Orders
2. Special Condilions
3. Poject Technical Specifications
4. Standard Specrfications, if any
5. ApplicableTradeAssociationSpecifications
NOTICE OF CONFLICTS
lf the Contraclor, in the course of the Work, becomes aware of any claimed conflicts, enors or omissions in
the Conlract Documents or in the Citys fieldwork or work of City's separate contractors, the Contractor shall
immediately notiry the Director in writing. The Director shall promptly review the matter, and if the Director
finds a conflict, enoror omission, the Director shalldetermine the conective actions and advisethe Contractor
accordingly. lf the correction associated with a conflict, error or omission increases or decreases the amount
of work called for in the contract, the city shall issue an appopriate change order in accordance with the
Contract Documents. After discovery of an error or omission by the Contractor, any related additional work
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performed by the Contractor shall be done at lhe Contractor's risk unless authorized by the Director.
,I'12 REPORTS
A. Daily Construction Reporc: The Contractor shall prepare a daily construction report recording the
following information conceming events at Poect site:
1. Lisl of Subcontractors ai Poect site.2. Lisl of other contretors at Pmject site.3. Approximate munt of personnel at Project site,4. Equipmeni at Prolect site.5. Material delivenes.6. High and low temperatures and general weather conditions, including presence ol rain or
sn0w.7. Accidents.8. Meelings and significant decisions,
9. Unusualevents.10. Stoppages, delays, shortages, and losses.11. Meler readings and similar recordings.12. Emergencyprocedures.13. Orders and requests of authonties 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 completions and occupancies.19, SubstantialCompletionsauthorized.20. List of visitors to Prqect Site.21. List of personnel at Project Site including names and Job classifications.22. Description of Wo* for the day including locations, quantities and related bid rtems.
lmmediately upon discovery of a difference between field conditions and the Contract Documents, lhe
Contractor shall prepare and submit a detailed report through a Request for lnformation (RFl). lnclude a
detailed description of the differing conditions, togelher with recommendations for a remedy.
The Daily Construction Report must be: signed by Contracto/s Superintendent, submitted within 24 hours
(next Working Day)to the Director, and shall be made available to others as directed by City
1.13 LINES. GMDES, AND MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contrac{oc shallcarefully preserve all
survey stakes and reference points as far as possible. Should any stakes or points be removed or
deslroyed unnecessarily by any act of the Contractor or his/her employees, lhey must be reset to the
salisfacton of the Director, al lhe Contracto/s expense.
B. The Contractor shall inform the Director 48 hours (t\,r/o Work Days) in advance of the times and places
at whidl hdshe intends to Work in order that inspectron may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to the Conkactor of any of the Work or delay occasioned
by giving lines and grades, by making other ne@ssary measurements, or by inspeclion.
114 RIGHT OF WAY
A. The site for the installation of Euipment or the right of way for the Work to be constructed under this
Contract will be pmvided by the City.
B. The City will provide lhe appropriate rights of way and property for pipelines and struclures, Upon
approval by the Director, the Contractor may, without cost, use porlions of any of the City's rights of
way or property which may be surtable for working space and for storage ol equipment and
materials. The Contractor will be held responsible for any damage lo structures, streets, and roads,
lrees and landscaping, and for any damage that may result from his/her use of City properly.
C. ln case areas additional lo lhose availabb on the City's rights of way or property are required by the
Contractor for his/her operations, he/she shall make anangements with lhe property ownens forthe use
of such additional areas at his/her own expense.
CONTMCTOR'S OPEMTIONS/STOMGE YARD
ln the event the Conlractor requires space for the storage and/or staging of mnstruction materials, supplies,
EUipment, stockpiling ofdebns, or any other needs required forconslruction opeftttions, he/she shall acquire at
his/her own expense such areas as he/she may desire. For properties within the city of vemon, the staging
area must be enclosed al Contracto/s expense with constructron fencing covered with a mesh screen lo limit
visibility to the site, Pnvate property used for storage of mnstruction matenalordebris shall be restored to a legal
condition with rEard to appearance and maintenance upon conclusion of lhe project. Property should be graded
and free of weeds and debris when projecl is completed.
IEND OF ARTTCLEI
ARTICLE 2 - PERFORMANCE OF THE WORK
PERFORMANCE OF WORK - GENEML
contractor shall, at its own cosl and expense, fumish all necessary materials, labor, transportation, and
equipment for doing and performing said Work and the matenals used shall mmply with the requirements of the
Contract Documents. AllWork shall be performed and mmpleted as rEuired in lhe Contract Documents, and
subject to the appoval of the Director, or his/her designated assistant.
NO ASSIGNMENT OR DELEGATION
Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest lherein in
whole or in part wthout the prior w nen consent of the City which may be wilhheld at the Citys sole discretion.
STANDARD OF PERFORMANCE
Contraclor agrees thal all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be perrormed by qualified and experienced personnel; that any work
performed by Contraclor under the Contracl will be performed in the best manner, lhat any material fumished
shall be subject to the approvalofthe Direclor; and that both Work and materials will meet fully the requirements
of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or
not shall be repaired or replaced by Contractor at Contracto/s expense.
1.15
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203
2.05
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and
conections necessary to obtain the final product accepted by the City Engineer. The Conlractor shall perform
process and quality control sampling and testing and exercise managemenl control the work of his/her
subconlractors, technicrans and workers to ensure that lhe milling, transporling, recycling, spreading,
compaclion, and finishing processes conform to these Specifications. The proficiency of testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services lo the project. The City Engineer shall have unrestncted access to the laboratory, sampling, testing
siles, and all information resulting from mix design and quality control activities, All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.
DEFECTIVE WORK
Within the time periods that the City specifies, the Contractor shall conect all deficient, improperly executed, or
unsatisfaclory Work determined by the City.
The Contractor Shall remove and shall repair or replace, at his/her own expense any part of the Work that is
deflcient, impropedy executed, or unsatisfaclorily executed, even though it has been included in lhe monthly
estimates. lf he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's
acceptance ofthe Work, it may be replaced by the City at the expense ol the Contractor, plus 15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.'15 forcuring defects afler acceptance
of the Work.)
CITY'S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies avatlable to the City, if the Contractor defaults, fails to perform Work
required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with
the Contract Documents and lails w[hin a 48 hour pnod after receipt of wntlen notice from the City to
commence and conect such default, failure to perform, or neglect with diligence and promptness, the
City, at its sole discretion and wthoul obligation, may, with its own or outside forces, perform lhe Work
Contractor has failed to perlorm and/or replace or conect deficienoes in the Work ln such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafter due lo the Contmctor the cost of completion, replacement or mneclion ol such deficiencies,
including mmpensalion for additional services by the City's project management slaff, the Architect,
and their respective consultants made necessary by such default, failure to perform, or neglect, plus
150/o for City's overhead expenses. lf payments lhen or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is
cumulative.
B. The City also has the right, but not the obligation, to setf-perform or have outsidelorces perform prtions
of the Work previously assigned to Contractor. ln such case a Change Order or Construclion Change
Directive shall be issued, reducing the Conlract Sum by the Unil Price(s) applicable to such deleted
Work or, in the absence of Unrt Prices, an amount that reflecls the reasonable cost of performing such
deleted Work and the Allowable l\4ark-Up applicable to such deleled Work.
@EWORK
A. Notices under the Contract Documents shall be in wriling and (a) delivered personally, (b) sent by
certified mail, retum receipt rEuested, (c) sent by a recognized ovemight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
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2U
B
All correspondence with Contractor shall be sent to the followlng address:
Attention:
Phone:
Facsimile:
All communications shall be copied to City and shall be delivered to City's Director at lhe address
set forth below, with copies to such additional persons as may be directed by City's Direclor.
City of Vemon
Department of Public Works
4305 Santa Fe Avenue
Vemon, CA 90058
Attention:Daniel Wall, Direslor of Public WorksPhone: (323) 583.8811 x3l8
Facsimile: (323)826.1435
E-mail: fvelasco@ciJemorcarrs
Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee rf personally delivered) or when delivery is refused, as shown on lhe receipt of the U. S.
Postal Service, private camer or other Person making the delivery. Notwithstanding the foregoing,
notices sent by lacsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices re@ived after 5:00 p.m. shall be deemed received on the first business day following
delivery (that is, in order for a fax to be deemed received on the same day, at leasl the first page of
the Iax must have been received before 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contractor,s Project l\4anager and technical
representalives designated by City. Contracto/s representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
concemrng lhe Work.
Contractor shall copy City on all written conespondence pertaining to the Contracl between
Contractor and any Person other than Contractor's Subcontractors, consullants and attorneys.
Notiflcation of Affected Residents/Businesses - The Contractor shall be responsible for distribution of
the general information letter of the pOect 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 Ironting on or directly atfected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriale
residences and buildings in the subject area. Distribution shall be accomplished in a manner
acceptable to the City Engineerand shall be five (5)working days priorto the beginning ofconstruclion
operations in the immediate vicinity. ln addition to the above, lhe Contractor shall be fully responsible
for such other notilications as may be required related to necessary closures of streets, alleys,
driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restrictions required in the performance of any work under this
contract preclude any resident, lenant, or property owner from utilizing the premises or conducting
C
D
business thereon in a reasonable and customary manner.
Addilional notitication to the affecled businesses and residenls shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distribuled to the affected residents and businesses.
lf a Contractor is unable to adhere to his schedule as indicated on his written notification, then allthe
affected residenls and places ol business shall be re-notifled of the revised schedule, in wnting, as
indicated above.
Contractor msts for all of the above notifications shall be considered as included in the appropriate
items ol the Bid Proposal.
E. Notification of Utililies - The provisions of Section 5 entitled 'Utilities' of the "Greenbook" Standard
Specifications shall apply, The Contractor shall conlact the Underground Service Alert of Southern
Califomia (U.S.A.) at least two working days in advance of the construclion work
INDEPENDENT CONTMCTOR
The Contractor in the performance of the Work hereunder will be acling in an independent capacity and not
as an agent, employee, partner, or joint venture ol the City.
EMERGENCY WORK
A. During Working Hours:
ln case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Contractor shall act, withoul previous instructions from the City, as the siluation may
wananl. He/she shall notily the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together wtth substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days alter the emergency.
Compensalion, il allowed, will be paid for as Extra Work.
B. Outside of Working Hours:
Whenever, in the opinion of the City, there shall anse outside of the 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 Conlractor shall acl, without previous instructions from the City as lhe situatton may
wananl. Hdshe shall nottfy lhe Direclor of the emergency and lhe action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Director wihin 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 outside of regula aorking hours, the City's forces will handle such
emergency Work. ll such emergency anses out of or is the result of operattons by the Contractor, the
cost of the corcclive rneasures will be billed to the Contraclor and deducted from his/her payment as
provided in the Contract Documents. The performance of emergency Work by C y forces will not
relieve the Contrac{or of any of his/her responsibilities, obligations, or liabilities under the Contract.
SUBCONTMCTORS
A. Eeh subcontract shall contain a reference to the ContEct betureen the City and the principal
Contretor, and the lerms ofthe Contracl and all parts thereof shall be made part of each subcontract
207
208
209
210
insofar as applicable to the Work covered lhereby. tf, in the Direclor's opinion, the Subcontraclor fails
to comply with the rEuirements of the principal Contract insofar as lhe same may be applicable to the
Subcontractor's Work, the Director may disqualify the Subcontractor.
B. Nothing contained in these Contrel Documents shall be mnstrued as creating any contractual
relalionship betvieen any Subcontractor and the City.
C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible
to the Crty for the acts and omissions of Subcontractors and of persons employed by them as lhe
Contractor is for the acts and omissions of persons directly employed by him/her,
D. The Contractor shall be responsible for the coordinalion of the trades, Subcontractors, and matenal
suppliers engaged upon the Work. lt shall be the Contracto/s duty lo see that all of his/her
Subcontractors commence their Work at the proper lime and carry it on with due diligence so that
they do not delay or injure either the Work or materials; and that all damage caused by them or their
',\orkec is made good al his/her expense.
E, The City will not undertake to settle differences between the Contractor and his/her Subconlractors or
between subconlractors.
F. The Contractor shall utilize the services of specialty Subcontraclors, without additional expense lo the
City, on those parts of the Work which are specified to be performed by specialty mntractors.
USE OF FACILITIES PRIOR TO COMPLETION OF CONTMCT
A. Whenever in the opinion of the Director any Work under the Contrad, or any portion(s) thereof, is in a
condrtion suitable for use by the City, the City may, after wriflen notice and designation from lhe
Director to the Contractor, use (which includes, but is not limited to, taking over or placing into
service) any prtion(s) designaled by the Director.
B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in
any sense, of any portion(s) of the Work of the Contractor nor will such use lrigger the running of any
wananty and/or guarantee periods.
C. All necessary repairs, renewals, changes, or modilications in tre Work or any portion thereof so used,
not due to ordinary wear and tear, but due to defec{ive materials or $orkmanship, the operations of
the Conlractor, or any other c€use, shall be made althe expense ofthe Contractor.
D. The use of any portion(s) by the City shall not relieve the Conkactor of any of his/her responsibilities
or liabilities under lhe Contrac{ nor constitute a waiver by the City of any of the mnditions thereof.
Said use shall not cancel lqu jated damages as of the first date of use, or any continuance thereof,
nor impair, reduce, or change the amounlot liquidated damages.
COOPEMTION WITH OTHER WORK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.
B. Other contractors, other utilities and public agencies or their contrrctors, other City contractors, and
City personnel may be working in the vicinrty during the project construction period. There may be
some interference betv'reen these activites and the Work under the Contract Documents. The
Contractor shall cooperate and mordinate his/her Work with lhat of other Work forces to assure
timely Contract completion.
2.11
212
214
AGREEMENTS WITH PROPERTY OWNERS
Agreements with property owners Ior stonng excavated material, storing any other materials, or for any other
purpose related to the Work shall be made in writing and a copy submifted to the Director for his/her
intormation. All storage charges shall be at lhe Contraclo/s sole expense.
PROTECTION OF PROPERTY
Atl public and private property, pavement or improvement, shall be safely guarded lrom damage or loss in
mnnection with this Contract by the Contractor at alltimes, Should any facility, structure, or property be damaged
during operations of the Conlractor, he/she shall immediately notify the property owners or authonties. All
damages and losses incuned shall be paid by the Contractor.
CONTMCTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Except as othenvise provided in the Contract Documents and except as to the cost of repair or
restoration of damage to lhe Work caused by force majeure, the frntraclor shall bear all losses
resulting to him/her on accounl of the amount or charac{er of the Work, or from any unforeseen
obstructions or difficulties which may be encountered, or from any encumbrances on lhe line of the
Work, or because the nature ol the ground in or on which the Work is done is differenl from what is
assumed. The Contractor shall bear the risk for any City equipment, matenal, or supplies with which
hdshe has been entrusted,
B. lvlaterials and Facilities
The Contractor shall be responsible for materials and facilities as hereinafter provided and in the
event of his/herfailure to carry out said responsibilities, the same may be canied out by the City at the
expense of the Conlractor:
1. The Conhaclor shall be responsible for any materials so fumished and for the care of all
Work until its completion and final acceptance, and he/she shall at his/tEr own expense
replace damaged or lost matenals and repair damaged parls of the Work.
2. The Contractor shall protect City faciltties Irom damage resulting from his/her Work. City
facilities damaged by, or as a result of, the Contrac{o/s Work under this Conlract shall be
repaired or replaced, as directed by the Director, at the funtrac{o/s expense.
3. The Contractor shall remove from the vicinity ofthe compleled Work all buildings, rubbish,
unused material, concEte forms, and olher materials belonging or used under his/her
direclion during mnstruction. lf Conlractor lails to completely remove such items wilhin a
reasonable time the City may do so al the Contracto/s expense.
C. Laws and Regulations
'1. The Contraclor shall obey all laws, ordinances, and regulations in any manner affecting those
engaged or employed on the Work, or the matenals used in lhe Work, or in any way affecting
the conduct of the Work, and of all court orders and decrees having any jurisdiction or authonty
over the same. lf any discrepancy or inconsistency should be discovered in this Contract, or in
the Drawings or Spec ications herein refened to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in writing to the Director.
215
2. Contrac{or shall, at all times, cause all his/her agenls and employees to oherve and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may
bemme efieclive before Final Completion of this Confact.
3. Nothing in the Conlract Documents shall be mnstrued to permit Work not conforming to such laws,
ordinances, and regulations. lf the Contraclor ascertains at any time that any rEuirement of this
Contracl is at variance with such applic€ble law requirement, he/she shall immediately notify lhe
Direclor.
4. lf such applicable law rEuirement was not in effecl on lhe date of submission of bids, any
necessary adjustment of the Contcct price shall be made as povided in Artide 6 herein. lf sucfr
applicable law requirement was in efiect on said date of bid submission, no adjustment of Conkact
price wrll be mnsidered.
5. The Contractor, at his/her ovrn expnse, shall pay all taxes properly assessed againsl his/her
Euipment, materials, or property used or required in connection with the Work,
WARMNW AND CORRECTIONS
A, Wananty1. Wanantv. The Contractor warrants to the City that: (i) materials and equipment fumished
under the Contracl will be of good quality and new unless otheuise required or permitted by
the Contract Documents; (ii) the Work will be of good quality and free from defecls; (iii) the
Work will onform to lhe requirements of the Contract Documents; and (iv) Contractor will
deliver lhe Project free of stop notice claims. Work not conforming lo these requirements,
including substitutions not accepted by the City, will be deemed defective. The Contracto/s
wananty exdudes improper or insufficient maintenance, improper operation, or normal 'r/earand tear and normal usage. lf required by the City, the Contractor shallfumish satisfactory
evidence as to the kind and quality of materials and equipment. This wananty is not limited
by the coneclion obligation of Paragraph 2.04 herein.
2. Ovedn. Where any wananties provided under lhe Contract Documents overlap, conflict, or
are duplicative, Contraclor will be bound by the more slringent requirements.
3. Procurenent and Assionment of Warmties: Contraclor shall obtain in the name of City, or
transfer or assign to City or City's designee pnor to the time of Final Completion ol the Work,
any and all wananties or guarantees which Contractor is required lo obtain pursuant to the
contracl Documents and which Contractor obtained from any other person orentity otherthan
Contractor including, but not limited to, Subconlractors and manufacturers, and furlher agrees
to perform the Work in such a manner so as to preserve any and all such wananlies.
Contmctor shall secure Mitlen wananties from all Submntractors. Contractor and its
Subcontractors shall offer any wananty upgrades or extensions lhat are offered by
manufacturers of any equipment or system installed in the Wo* to the City. Conlractor shall
deliver to City allwananty and guarantee documents and policies.
4. Su|ival of Wanantix: The provisions of this paragcph 2.15 will survive Contractor's
completion of the Work or termination of Contracto/s performance of lhe Work.
B. Coneclion of Work
1. Before u Aftet Final Completion The Contractor shall promptly conect Work rqected by
the City or City's designee, as lailing to conform to the requirements of the Contract
Documents, whether discovered before or after Final Completion and whether or not
fabricated, installed, or completed. Costs ol conecling such rejected Work, including
additional testing, inspections, and comp€nsation for the Ctty's services and expenses
made necessary lhereby, will be at the Contractor's expense within the Contract Price.
2. After Final Conoleticn.
(a) ln addition lo the Contractor's wananty obligations under Paragraph 2.15-A, if,
within one (1) year after the date of Final Complelion of the Work or within the time
period eslablished by any applicable special wananty required by lhe Contract
Documents, any of the Wo* is lound to be not in accordance with the
requiremenls of the Contract Documents, the Contractor shall commence
correction or repla@ment of such Work within forty€ight (48) hours after receipt
of wrinen nolice from the City to do so. The Contractor shall perfom such
coneclive work without charge or cost to the City after Final Completion of the
Work, The City shall give suci notice promptly aftel dismvery of the condition,
(b) ll the Contractor fails to @mmence conection or replacement of nononforming
Work within forty€ighl (48) hours after receipt of written notice, the City will
proceed to have defects repaired or replaced al the expense of the Contractor and
its Performance Bond surety, plus fifleen percent (15%) tor the City's overhead
and administrative expense. The City may charge such cosls against any
payment due ftntractor. lf, in the opinion of the City, defective work creates a
dangerous or hazardous condition or requires immediate conection or attenlion to
prevent furlher loss to the City or to prevent interuption of operations of the City,
the City may take immediate action, give notice, make such conection, or provide
such attention and the mst of such mnection or attention will be charged against
the Contractor. Such action by the City will not relieve the Contraclor of the
warranties provided in this Article or elsewhere in the Conlract Documents.
3 Reolacement u Removal of Defeclive or Unaulhoizd Vrlork The Contractor shall remove
from the Site and replace those portions of the Work which are nol in accordance with the
requirements ol the Contract Documents in a manner acceplable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement. Director
shall have authority to cause defective work to be remedied, removed or replaced and to
deducl lhe costs from monies due or to become due to the Conlractol
4. Destrudion or Danaqe. ln the event the Contractor destroys or damages any construction
of the City or another contractor while correcting or removing Work which is not in
accordance wth the requiremenls of these Contract Documents, the Contractor shall bear
the cost of repairing or reconstructing that other construction as well.
5. No Limitdion Nothing conlained in Paragraph 2.15-8 will be construed to establish a
period of limitation wilh respect to other obligations which the Contractor might have under
the Contracl Documents. Establishment of the one-year penod for correction of Work as
described in Paragraph 2.15-8 relates only to the specific obligation of the Contractor 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, Submntractors and employees shall mmply with all litter and pollution laws and it shall be the
tto
responsibility of the Contraclor to ensure compliance. The Contractor shall do allofthe following:
E,
217 WATER POLLUTION CONTROL
Table 2- l BMPS for Public Agency Facilities and Aclivities
Maintain lhe Site free of waste materials, debris, and rubbish and in a clean and ordedy ondition;
and Remove waste matenals, debris and rubbish from site and dispose ofi-site legally.
The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and
remediate any sanitary sewer overflow ansing out ofthe Work. The Conlractor shallfumish and operale
a selfloading motor sweeper with spray nozles, as direcled by the Director, to maintain the affecled
areas in a condition of deanliness acceptable to the city at all locations affecled by the contracto/s
operations. For purposes of this Paragraph, the affected areas include the projecl Site as \,t/ell as all
haul routes to and from the poject Site and all areas of construction and restoration which have not
been mmpleted.
The Contractor shall take appropriate action to ensure that no dust originates from the poject Site.
Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevenl leaks of materials that
rf introduced to water could be delelerious to aquatic life.
No debris, soil, silt, sand, bark, trash, saudust, rubbish, cemenl or concrete or washings thereof, oil or
petroleum products or other organic or earthen material from any construction, or associated activity or
whatever nature shall be allowed to enter into or flaced where same may be washed by rainlali or
runoff into waters of the state. when operations are completed, any excess materials or debris shall
be removed from the Work area.
B
C.
D.
The contractor shall meet all applicable city ol vernon, state and federal clean waler laws, rules and
regulations including bul not limiled to ail conditions selforth in the vemon Municipal code chapter
21, Article 5 regarding stormwaler and urban runoff controls as it relates to public agency aclivities
including, but not limited to storm and/or sanitary sewer system inspection and repair, street
sweeping, trash pick-up and disposal, and slreet and right{f-way construction and repair are
required to implement and maintain the activity specific Best Management practices (BMps) listed
in Table 2-1 below in compliance with the National pollutant Discharge Elimination Sysiem (NirDES)
requirements. Contractor shall not discharge any waler containing hash, debris, pollutants, fuels,
oils, soaps or other non-allowable constituents from its sweeping vehicles upon any cty street, to
any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its
melhods for preventing NPDES vrolations dunng sweeping operations within the City. ln addition,
conlractor shall clmply with all NPDES requirements al its maintenance facilities, storage yards and
company facrlities. Failure to comply with this section may result in termination for cause by the cily
of any contract resulting from this solicitation.
General and Aclivity Specifc BMPs
GeneralBMPs
Scheduling and Planning
Spill Prevention and Control
Sanitary/SepticWaste Management
l\.,taterialUse
SaferAlternative Products
VehiddEquipment Cleaning, Fueling and Maintenance
lllicit Conneclion Detection, Reporting and Removal
llleoal Spill Discharge Control
Maintenanc€ Facility Housekeeping Practices
Flexible Pavement
Asphalt Cement Crack and Joint Grinding/ Sealing
Asphalt Paving
Structural Pavement Failure (Digouts) Pavement Grinding and Paving
Emergency Pothole Repairs
Sealing Operations
Rigid Pavement
Porlland Cement Crack and Joint Sealing
Mudjacking and Drilling
Concrete Slab and Spall Repair
SopdDrainslr'egetation
ShoulderGradinq
Nonlandscaped Chemical Vegetation Control
NonlandscaDed l,ledtanical Vegetation ControuMowing
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
Fence Repair
Drainage Ditd and Channel Maintenancs
Drain and Culverl Maintenance
Curb and Sidewalk Repair
Litter/ Debrisi Graffti
Sweeping 0perations
Litter and oebris Removal
Emergency Response and Cleanup Practrces
GraffitiRemoval
Landscaping
Chemical Vegetation Control
Manual Vegetation Control
Landscaped Mechanical Vegetation ControU Mowing
Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal
lnigation Line Repairs
lnigation (Watering), Potable and Nonpotable
Environmenlal
Storm Drain Stenciling
Roadside Slope lnspection
Roadside Stabilizatron
Stormwater Treatment Devices
Traction Sand Trap Devices
Bridges
Welding and Grinding
Sandblasiing, Wet Blast wilh Sand lnjection and Hydroblasting
Painting
Bndge Repaic
OtherStructures
Pump Stalion Cleaning
Tube and Tunnel Maintenance and Repair
TowTruck 0perations
TollBooh Lane Scrubbing Operatbns
E ectrical Sa'/icutting for Loop lnstallation
TraflicGudance
Thermoplastic Striping and Marking
Paint Striping and Marking
Raised/ Recessed Pavement Marker Application and Removal
Sign Repair and Maintenance
Median Barier and Guard Rail Repair
Emergency Vehicle Energy Attenuation Repair
Storm Maintenance l\,1inor Slides and Slipouts Cleanup/ Repair
Management and Supporl
Building and Grounds Maintenance
Storage ol Hazardous Materials (Working Stod)
Material Storage Control (Hazardous Waste)
Outdoor Storage of Raw Materials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill Control
B Waler Quality Proteclion Requirements for Construction Projects with Less than One ('l) Acre of
Disturbed Soil.
Allconstruction pojecls, regardless ofsize, will be required to implement best managemenl practices
(BMPs) necessary to reduce pollutants to the Maximum Extent Practicable ([,lEP) to meet the
minimum water quality protection requirements and implement all applicable set of BMps as defined
inTable 2-2.
Table 2-2
Minimum Waler Quality Protection Requiremenls and Applicable Set of BMPs for All Construction Projects
Calegory Minimum Requirements B[4 Ps
1. Sediment Control Sediments generaled on the project site shall be retained
using adequate Treatment Control or Structural B[4Ps
Sediment Control
2. Non-Stormwater
Management, Waste
Management and
l\,laterials Pollution
Control
Construction-related materials, wastes, spills or residues
shall be retained atthe project site to avoid discharge to
streets, drainage facilities, receiving waters, or adjacent
properties by wind or runoff
Non-storm water runofffrom equipment and vehicle washing
and any olher activity shall be mntained at the Droiect sttes.
Stormwater
Management; Waste
Management
3. Erosion Control Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
mainlenance of vegetation on slopes, and coverino erosion
Erosion Control
susceptible slopes,
Please refer lo the Califomia Stormwater Quality Association's Construction Handbook (available on theh websitei
www.cabmphandbooks.com) for further information regarding the Bl\4Ps listed in Table 2-2,
All construction projects with Less lhan One (1) Acre of Disturbed Soil shall submit to the City a
signed Statement of lntent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit
s).
The Contractor may self{ertify that the following faining was completed on an annual basis providing they
certify they have received all applicable faining:
. The Contractor shall train all of their employees in targeted positions (whose
interactions, jobs, and activities affect stormwater qual$ on the requirements of
the overall stormwater management program.
. !\lhen the Work includes the use or have the potential to use pesticides or fertilizers,
the Contractor shall train all of their employees (whether or not they normally apply
pesticides or fertilizers as part of their work). Training programs shall address:
1) The potential for pesticide-related surface water toxicity
2) Proper use, handling, and disposal of pesticides
3) Least toxic methods of pest prevention and control, including lntegrated Pest
Managemenl
4) Reduction of Pesticide use
C. Water Quality Protection Requirements for Conslruction Poects with One (1) Acre (or greate0 of
Disturbed Soil. ln addilion to the minimum BMPs required in Paragraphs A and B, all construction
projects where at least one (1) acre of soil will be disturbed, construction activity that results in land
surface disturbances of less lhan one acre if the rctivity is partof a largermmmon plan of development,
or the sale of one or more acres ol disturbed land surface requires a Construction Aclivities Stom
Waler General Permit (2009-0009-DWQ Permit).
Prior to mmmencemenl ol construction activities, the Permit Registration Documents (PRDs) must be
submitted electronically in the Storm Waler Multi-Application Report Tracking System (SMARTS)
. PRDs consist ofthe Notice
of lntent, Rtsk Assessment, Post-Conslruction Calculalions, a Site Map, the Storm Water Pollution
Prevention Plan (SWPPP), a signed certilication statement by the Legally Responsible Person (LRP),
and the first annual fee.
See: r more
information. A Waste Discharger ldentification (WDID) will be emailed to the LRP after the PRDS have
been submitted and are deemed complete, Construction activilies cannot begin untila WDID is issued
by lhe State Water Resources Control Board. Contractor shall bear the costs of any delays to the
Project caused by a delay in obtaining its WDID.
The SWPPP shall include:
D
1. The name, location, period of construclion, and a bnef description of the poject;2. Conlact information for lhe owner and contractor;3, The buihing permit number for the prqect;
4. The grading permit number for the project (where applicable)i5. A list ol major construclion matenals, wastes, and activilies at the project site;6. A lisl of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;7. A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;8. Non-storm water discharges, their locations, and the BMPs necessary lo prevent the
discharge;
9. A maintenance and selfinspection schedule of the BMPS to determine the effectiveness
and necessary repairs of the BMPs; and
10. A certification statement that all required and selected Bl\4Ps will be effeclively
implemented.
Within seven (7) days after the City awards the Contract, the Contraclor shall submit seven (7) mpies
of the poposed SWPPP to the City. The City shallreviewthe SWPPP witrin 14 days ol receipt of the
plan. lf revisions are requied, the Contractor shall revrse and r+submit the document within seven (7)
days of its receipt of the Crty's mmments. The City shall then have seven (7) days to consider the
revisions made by the Conlraclor and approve the SWPPP.
The Contractor shall maintain a minimum of two (2) readily accessible mpies of the SWppp at the
Projecl site. The SWPPP shall be made available upon request of a representative of the Los
Angeles Regional Water Quality Control Board (LARWOCB) or the U.S. Environmental prolection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City.
Best Management Practices
The objective ol the SWPPP is to identify potential sources of pollution that may reasonably affecl
the quality of slorm water discharge associated with construction activities. The plan will describe
and ensure lhe implementation of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm waler discharges from the mnstruction site. A Best Management
Praclice is defined as any program, lechnology, process, operating method, measure, or device
thal controls, prevenls, removes, or reduces pollution. The Contractor shall select appropriate
BMPs from the California Stormwater BMP Handbook, Municipal, lndustrial, New Development,
and Construction Volumes (www.cabmohandbooks.com) in conjunction with all activities and
conslruction operations. Copies of the California Stormwater BMP Handbooks may be obtained
from:
Califomia Stormwater Quality Associalion
P,O. Box 2313
Livermore, CA 94551
www.cabmohandbooks.com
Cashier
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 45&6959
E lmplementation
The Contraclor will be responsible throughout the duration of the Project lor 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 actualfield conditions, contracto/s activities, or construction operations,
F.
The Contraclor shall demonstrate the ability and prepardness to Iully deploy these SWPPP
conlrol measures to protect soildisturbed areas of the projecl sile before the onset of precipilation
and shall maintain a detailed plan for the mobilization of sufiicient labor and equipmenl to fully
deploy these mntrol measures.
Throughout the winter season, active soildisturbed areas of the project site shall be Iully prolected
at the end of erch day wilh these control measures unless fair weather is predicled through the
following day. The Conlractor shall monitor daily weather forecasts. lf precipitation is predicted
prior to the end of the following workday, construclion scheduling shall be modifled, as required,
and the Contractor shall deploy functioning control measures prior to the onset of the precipitalion.
The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to conform to the requiremenis of this ParaVaph2.17. Unless otherwise directed
by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Work.
Sewage Spill Prevention. The Contraclor's attention is directed to the sewer bypass operation
required during any sewer construction pursuant to the 2012 edilion of the "Greenbook" Standard
Specifications lor Public Works Conslruction, Section 500.1.2.4 or as that section is subsequently
amended,
The Contractor shall exercise extraordinary care to prevent the cause of events thal may lead to a
sewage spill, ln the event of a sewage spill, the Contractor shall make arrangements for an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the projecl site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well as
remvering and properly disposing of raw sewage. ln addition, the Contractor is respnsible 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
Contraclor shall take all measures necessary to prevent further damage or service interuption and
to contain and clean up the sewage spills.
Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incidentto both o{these two
City Departments:
Sewer Maintenance Services...............City of Vernon Control Center (323) 826-1461
Fire Departmenl Dispatch Center......,.... 911
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and lnspeclors. However, if these City
representalives are nol available, then the Conlractor shall immediately call:
Vince Rodriguez, Public Works Projec{ Coordinator 132318512292
Sewage Spill Written Notillcation
The Contractor shall prepare and submit a written reporl to the Director within three (3) Working
Days lrom 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
G
218
J
2. The nature and volume
3. The dale, time and duration
4. The cause
5. The type of remedial and/or cleanup measures laken and date and time
implemented
6. The conective and preventive action laken, and
7. The water body impacted and results of necessary monitoring
Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
private crtizens. The Conhactor shall indemnify, defend and hold City, ils officers, agents and
employees harmless lrom Contractor's failure to comply and/or futfill the requirements set fo(h in
this Paragraph 2,17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contracto/s failure to comply and/or fullill the requiremenls set forth in this Par4raph2.1l .
The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.
In addition lo any remedy authorized by law, any money due to the Contractor under this conkacl
shall be retained by the City until allcosts and liabilities imposed by law against lhe City or Contractor
have been satisfied.
lrlaintenance
The Contractor shall ensure the proper implementalion and functioning of BMP contml measures
and shall regularly inspecl and maintain the mnstruction site for the BMPS identified in lhe
SWPPP. The Contractor shall identify conective actions and time frames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
lf the City identifies a deficiency in the deployment or functioning of identified control measures, the
deficiency shall be conected by the Conhactor immediately or by a later date and time if agreed lo
by Director and if requested in wriling, but not later than the onset of the subsequent precipitation
events, The conection of deficiencies shall be at no additional cost to the City,
Payment
All costs involved in the implementation of the SWPPP, including fumishing all labor, materiais,
tools, equipment and all incidentals; and for doing all the work involved in installing, construc{ing,
mainlaining, removing, and disposing of control measures, except those that were installed as a
part of another structure, shall be included in the unit prices bid for the various related items of
work and no addttional compensation will be made therefor.
K
SOLID WASTE DISPOSAL AND DIVERSION
The Contractor shall submit to the Director the following summary of solid wasle generated by the Work,
disposed in Class lll landfills, or diverted from disposal through recycling. Report disposal in inert fill
separately. This form must be accompanied by lEible copies of weighl tickets, receipts, or invoices that
specifically ident y the project generating the material. said documents must be from recyclers and/or
disposalsite operators that are acceptable to lhe Director. Further, the documents must be submited to the
Drrector with each application for progress payment. Failure to submit the form and its supporting
documentation will render the application for progress payment incomplete and delay progress payments.
SUMN4ARY OF SOUD WASTE DISPOSAL AND DIVERSION
Project Title:Specification No.
Type of Matenal (a)
Dsposed in Class lll Landfills
(b)
Dveded lrom Class lll
taMfls by R.ctdn€
G)
Ileave ThB Column Eankl
(d)
Drsposed in lnerl Fills
Tons/CY Tons/CY Tms/CY
Asphalt
Conmte
Mela
Oher SeEegated Maledais
(Des.rib)l
MiscdlaEous Conshdirn
Wasb
Total
Form to be submitted to the City
SIGNATURE:
TITLE:
DATE:
219 RECYCLED,REUSABLEANDRECYCLABLEPRODUCTS
The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City.
Those items should be clearly identified, The City may require further information or documentation to
ascertain the suitabilily/appropriateness of a proposed product.
IEND OF ARTICLE]
301
ARTICLE 3 . TI},IE OF COMMENCEMENTAND COMPLETION
COMMENCEMENT. PROSECUTION. AND COMPLETION OF WORK
A. Nolice to Proceed
The Conkactor is not authorized to perform any Work the Contrrct Documents until he/she has
received from the City an official notification to mmmence Work. The date on which the notification is
received by the Contractor is herein relened to as the Nolice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Nolice to Proceed shall be issued after lhe Contracl is propedy executed, bonds are fumished and
approved, and insurance has been submitled and approved.
B. Prosecution of the Work
Work shall be continued al all times with such force and equipment as will be sufficient to complete il
within the specified time. The Contractor expressly poposes thal h€/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be performed and thal
he/she will complete the Work within lhe specified time.
C. Required Contract Completion
Time is of the essence in the completion of this Contract. The Work shall be completed in rb entirety
and made ready for service wilhin sixty (60) calendar days following the Date of Commencement
established in the Notice to Proceed ("Conkact Time"). By executing the Contract, Conlractor conflrms
lhat the Contract Time is a reasonable period for performing the Work.
CITY'S DISCRETION TO ErtEND CONTMCT TIME
ln the event the Work required hereunder is not satisfactorily completed in all parts and in mmpliance with the
Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number of Working Days.
SUBSTANTIAL COMPLETION
A. Contraclor Requestfor lnspeclion and Punch List
When the ContBctor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Conhactor shall prepare and submit to the Director a request for
inspection and a comprehensive punch list of items to be completed or @nected prior to Final
Payment. Failure to include an item on such punch list does nol alter the responsibility of the
Conkactor to complete all Work in accordance with the Conlract Documents.
B. City lnspection
Upon receipt of the Contracto/s punch list, the Director will make an inspeclion to delermine whether
the Work or designated portion thereof is Substanlially Complete. lf the inspeciion discloses any
item, whether or not included on the Contracto/s punch list, which is not sufficiently complete in
accordance with the Contract Documents so that the City can occupy or utilize the Work or
designated portion thereof for its intended use, the Contraclor shall, before City's issuance of the
Certificate of Substantial Completion, complete or conec{ such item upon notification by City. The
302
3.03
304
Contractor shall then submit a request for another inspection by City to determine Substantial
Completion.
C. Certificate of Substantial Completion
When the Work or designated portion lhereof is substantially complete, the Director will prepare a
Certificate ol Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall finish all ilems on the
Conlracto/s punch list accompanying the Cerlificate. Wananties required by the Contract
Documents shall mmmence on the dale ol 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 Contraclor shall take reasonable precautions to foresee and prevent delays to the Work. ln the
event of any delay to the Work, lhe Contractor shall revise his/her sequence of operations, to the
e(ent possible under the terms of the Contract, to offset the delay.
B. lf any delay to the Work is caused by circumslances within the Contracto/s control, it is not excusable
and not compensable, and the Contractor will nol be entitled to any extension of time or to any other
compensation for damages resulting directly or indirectly therefrom.
C. lf any delay having a direcl effect on the Work is caused by circumslances beyond the conlrol ol the
Contractor except for causes of delay specified in Paragraph 3.M-D., such delay may be excusable
and may entille the Contrac{orto an equivalent extension of time, but not to any olher mmpensation.
Excusable bul not compensable causes include but are not limited to labor dispules, weather
conditions unfavorable for prosecution of the Work, and force majeure,
D. lf any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on lhe Work, or to provide the necessary right of
way or site for installation, or lailure of a utility to remove or relocate an existing frcility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes of delay specified in this
paragraph.
E. The Contractor shall nolify the Director in writing of any delay having a direcleffect on the Work and
the causes thereol wilhin 15 days Irom the bEinning of such delay.
F. Any claim for an extension of time or for compensation for damages resulting from delay shall be
made in writing to the Director not more than 30 days after the ending of such delay. The Contractor
shall provide a wntten reporl evaluating the impact of the delay which shall include, at a minimum,
all of lhe following:
1. a nanative description ol the delay and its imptrt on the critical path to Substantial Completion ol
the Work or a porlion 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 Contracl time;
4. a statement that Contractor has mmplied with the requirements of the General Conditions for
written notice of delays, along with the dates and copies of such nolices;
(,
5. the measures taken by Contractor and Subcontraclors to prevent or minimize the delay; and
6. the Contacto/s recommendations for rcordering or re-sequencing the Work to avoid or minimize
further delay.
No exlension of time or compensation for damages resulting from delay will be granted unless the
delay affects the limely completion of the overall Work under the Contracl or the timely completion
of a portion of the Work for which a time of completion is specified,
The Director will investigate the facts and ascertain the extenl of the delay, and his/her findings
thereon shall be final and conclusive.
Failure of the Contractor to give wntten nolice of a delay, or to submit or document a claim for an
extension of time or for damages resufting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
When a Contractor experiences two concunent delays, one compensable and the other excusable,
n0 compensation other than an exlension of time will be allowed.
An extension of time must be approved by the Director to be effective, but an extension of time
whether with or without consent of the sureties, shall not release the sureties fom their obligalions,
which shall remain in full force until the discharge ol the Contract.
H
305 CLI[/ATIC CONDITIONS
COMPLETION AND ACCEPTANCE
J
c
The Director may suspend the Work whenever weather condilions or mnditions resulting from
inclement weather are unfavorable for the prosecution of the Work. The delay caused by such
suspension may entitle the Contractor to an extension of time but not to any other compensation.
ll the Conlractor believes that Work should be suspended under this paragraph 3.0S, he/she may
request such suspension. The delay caused by such suspension may entifle the Contractor to an
e(ension of time but not to any other compensation.
No extension of time will be granted for suspension of Work unless lhe suspension affects the timely
completion of all Work under the Contract or the timely completion of a portion of the Work lor which
a time of completion is specified. Determination that the suspension for inclement weather conditions
or mnditions resulting from inclement weather affects timely mmpletion and entitles the contractor
to an extension of time shall be made and agreed to in writing by the Director and the Contractor on
each day that Work is suspnded. ln the event of failure to agree, the Contraclor may protest under
the provisions of Paragraph 7.07.
lf Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of time for each day that he/she is unable to Work at least
one-half of his/her curent normal Work day; and ifthe Work is suspended at the regular starting time
on any Work day and the Contracto/s WorHorce is dismissed as a result thereof, then he/she will
be entitled to a one day extension of time whether or not conditions change thereafter and the major
portion of the day is suilable for Work.
D
Upon rEuest by the Contractor, the Director shall conduct a final inspection of the Work. lf, in the
Directo/s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a'Notice ol Completion' of the Work to the Contraclor. Upon the issuance of the Notice of Completion
3.06
307
the Conlractor will be relieved from responsibility to protect the Work.
B. Within 15 calendar days afrer issuing the Nolice of Completion, the Direclor will record the Notrce of
Completion with the County Recoder,
LIQUIDATED DAMAGES
A. Contractorand City agree to liquidale damages in the amountof one thousand and five hundred dollars
($1,500) per day, with respect to Contracto/s tailure to achieve Substantial Completion of the Work
wilhin the Contract Time. The Parties intend for the liquidaled damages set forlh herein to apply to this
Contract as sel forth in Governmenl Code Seclion 53069.85. The Conlractor acknowledges and
agrees that the liquidated damages are inlended to compensate City solely for the Contraclo/s failure
to meet lhe deadline for Substantial Completion and shall not exflse Contraclor from liability from any
other bremh, including any failure of the Work to conform to the requirements of the Contract
Documents.
B. ln the evenl that Contraclor lails to achieve Substantial Completion of the Work within the Conlract
Time, Contractor agrees lo pay City the amount spcified in the Contract form for eeh calendar day
that Substantial Completion is delayed.
c. contractor and city acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completron of he Work.
contractor and city acknowledge and agree that the amount of such damages are impossible to
ascertain as of the effeclive date hereof and have agreed to such liquidated damages to fix Citys
damages and to avoid later disputes. lt is understood and agreed by Conlractor that liquidated
damages payable pursuant to this Agreement are not a penalty and thatsudr amount are not manifestly
unreasonable underlhe circumstances existing as of the effective date of this Agreement.
D. lt islurther mutually agreed that City shall have the rightto deduct liquidated damages against progress
payments or retainage and lhat the City will issue a Construciion Change Directive and reduce the
Contract Sum accordingly. ln the evenl the remaining unpaid Contract Sum is insufiloent to cover the
lull amount ol liquidated damages, Contractor shall pay the difference to City.
IEND OF ARTICLE]
401
ARTICLE 4 - CONSTRUCTION SCHEDULES
BASELINE PROJECT SCHEDULE
The Contractor shall submil his/her work Baseline Project Schedule, in electronic as well as hard+opy format,
to the Direclor at the pre{onstruc{ion meeting showing in detail how the ContEctor plans to execule and
mordinale the Work. The construction schedule shall show the sequence of work, crilical path and estimated
time for completion of each segment of work. This schedule must be reviewed and accepted by the Director
before the Contraclor will be permitted to begin work. ln addition, the Contraclor shall submit a detailed schedule
forecasting two (2) weeks of work describing each day's ,,vork. This schedule shall be updated and submitted to
the City every other Monday during the construction period. The Contractor shall give 48 hours nolice to the City
Engineer pnor to the start of the work.
Format
3
4
1.At a minimum, the Baseline Project Schedule actlvities shall be coded on a work disopline basis
and by geographic area or location on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Project Schedule shall be based on and
incorporate contract milestone and completion dates specifled in the Contract Documents. lt shall
depiclevents, jobs, and their intenelationships and shallrecognize the pogress that must be made
on one task belore subsequent tasks can begin. The schedule shall b€ mmprehensive and shall
include all logical interdependencies and interactions required to perform the Work of lhe project.
Overalltime ol mmplelion and time of completion for each milestone shown on the Schedule shall
adhere to the specified Conlract Time, unless an earlier (advanced) lime of completion is
requested by Contmctor, agreed to by the City and formalized by Change Order.
Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by
the parties.
The City will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days afler receipt, lhe City will accept the
proposed Baseline Pqect Schedule or will relum it with comments. If the poposed Baseline
Pmject Schedule is accepted by the City, it shall be deemed partof the Conlracl Documents. lf
the Baseline Prolect Schedule is not accepted by City, Contractor shall revise the Baseline project
Schedule, in accordance with the recommendattons of the City, and re-submit same for
acceplance, no later than seven (7) calendar days after receipt of said recommendation.
5. Acceptance of Baseline Project Schedule by City, failure lo include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Contraclor from the responsibility for
accomplishing the Work in accordance wilh the Conlract Documents.
Float
1. Critical Work activilies are defined as Work activities which, if delayed or exlended, will delay the
scheduled completion of the milestones and/or time of complelion. All other Work etivities are
defined as nonqitical Work aclivities and are mnsldered to have floal. Float is defined as the
time lhat a non4ritical Work aclivity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of mmpletion. Float is mnsidered a projecl resource
available to either party or both parties as needed. Once identified, Contractor shall monitor,
account for, and maintain float in accordance with Crilical path Methodology.
B
4.02
2. Delays of any non+ritical Work shall not be the basis for an extension ol Contracl Time until the
delays consume all float associated Mth that non{ritical Work activity and cause the Work aclivity
to become critical.
3. lt is acknowledged that City{aused lime savings (i.e,, critical path submittal reviews retumed in
less lime than allowed by the Contract Documents, approval of substitution requests lvhich result
in a savings of time for Contraclor, etc.) deate shared floal. Accordingly, Citycaused delays may
be ofhet by City{aused time savings.
C. Early Completion
While the Contraclor may schedule mmpletion ol the Project eadier than the date established by the
Contract Documents, no additional mmpensation shall become due the Contretor for the use of float
time between the Contracto/s projecled early completion date and the date for Substantial Completion
established by lhe Contract Documents, unless an earlier (advanced)time ol completion is requested
by Conlraclor, agreed to by the City, and formalized by Change Order,
SCHEDULE UPDATES
A. With each Application for Paymenl submitted by Contractor (other than the final Applicalion for
Payment), the Contraclor shall submit to the City an uFated Project Schedule revised to indicate the
Work mmpleted, status of Work in progress, all progress slippages, con€ctive aclions taken, or
slippage carry{ver, for all anticipated delays or dfiiculties, and all other information required to
accurately present the actual status of the progress of the Work as of the date of the Applicatlon for
Payment. lf the Contractor does nol submit an uNated Project Schedule with an Application for
Payment, City may wilhhold paymenl, in whole or in part, until the updated Project Schedule is
submrtted. ln the evenl lhat an update lo the Project Schedule indicates a delay to the Contract Time
the Contractor shall propose an affirmative plan to conect each such delay, including overtime and/or
additional labor, if necessary. ln no event shall any Project Schedule update constttute an adjustment
in lhe Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed lo by
the City and authorized pursuant to Change Order or Work Directive.
B. At no time shall historicaldata contained within the uf,ated Proiect Schedule (i.e. completed activities)
be removed and/or altered in any way. This historic€l data is to be preserved within each of the updated
Project Schedules and submitted with the final schedule update to reflect the actual start and finish
dates for each activity within the Schedule.
C. Any work stoppages within individual work aclivities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. ln cases where unplanned activity $/ork
stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to cleariy
indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule
uNates are submitled, as required in this Paragraph 4.02 above.
NONCOMPENSABLE EtrTMORDINARY MEASURES
A. Should the City delermine, in its sole judgment, that the performance of the Work has not progressed
to the level ol completion required by the Contract Documenb, City shall have the right to order the
Contractor to take coneclive measures lo expedite the progress of construction, at no additional cost
to ihe City, including, without limitation, the following:
4.03
1. Working additional shifts of overtime
4.U
2. Supplying additional manpolver, equipment, and/or facilities.
3. Reschedule aclivities to maximLe praclical concunence of accomplishmenlof acttvities.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other ac{ions lhat may be necessary to mitigate delays.
B. Such EXraordinary Measures shallcontinue untilthe progress ofthe Work is no longerbehind schedule
and/or reaches the stage of completion required by the Contract Doc1lments. Contraclor shall not be
enlilled to an adjustment in he Contrac{ Sum in connection with the performance ol any sudr
Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights
fumished the City pursuant lo this Paragraph as frequently as the City deems necessary to ensure that
the Contractor's performance of the Work will mmply with the Contact Time or intenm completion
dates set forth in the Conlract Documents. lf Contmclor or its Subcontractors fail to implement or
commence Extraordinary Measures within ten (10) calendar days of City's written demand, City may,
wilhout prejudice to other remedies, take coneclive aclion at the expense of the Contractor which shall
reduce the Contract Sum accordingly.
CONDITION OF PAYMENT
compliance by contrac{or wilh the requirements of the contract Documents pertaining to preparation,
submission, revising and ufrating olthe Schedule is a condition precedenlto city's obligation to make payment
to Contrac{or ofany orallsums thatmight otheruise be due to Contractor in the absence of such noncompliance.
Payment by Cty under circumstances in which City, forany reason, fails orelecls not to assert its right to withhold
payment for noncompliance with this Paragraph shall not be conslrued as a waiver ofthe right lo withhold future
payments on account of such noncompliance or any other nonmmpliance.
[END OF ARTICLE]
ARTICTE 5 - SUSPENSION OR TERMINATION OF CONTRACT
TERMINATION BY THE CONTMCTOR
A. Contractor shall have the right to terminate its perlormance of the Contract only upon lhe occunence
of one of the following:
'1. The Work is stopped for a period of ninety (90) mnsecutive days through no act or fault of the
Contractor, any Subcontractor, Sub-subcontraclor, their agents or employees, or any other
persons or entilies performing portions of the Work under direct or indirect contract with the
Contractor, due to:
a, the issuance of an order of a cou( or other public authority having jurisdiction; or
b. an ac1 of govemment, such as a declaration of national emergency making material
unavailable;
and Contractor has given City witten notice within ten (10) days of the occunence of such ground
for termination, then the Contractor may, upon thirty (30) additional calendar days written notice lo
501
City, unless the reason has theretofore been cured, termrnate its performance of the Work.
2. The Work is stopped for a period of 120 mnsecutive days through no acl or fault of Contraclor,
any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons orentities
performing portions of the Work under direct or indirect coniract with the Contractor, because the
City has persistently failed to perform any malerial obligation urder the Contract Doctments and
fails to cure such default within ninety (90) days after the receipt of notice lrom Conlractor stating
the nature of suci default.
B. lf Contractor terminales ils performance of he Contract in accordance with this Paragraph 5.01, the
City shall pay Contractor for the Work executed through the date of terminalion as set forth in Paragraph
5.@C below
5.02 TERMINATION BY THE CIry FOR CAUSE
A. Grounds
The City shall have the right to terminate the Contaclo/s performance of the Contracl, in whole or in
part, without liability to City if:
1. Contractor fails promptly to begin the Work under the Contract Documents; or
2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or
3. Contractor fails to perform the Work in acmrdance with the Contract Documents, including
conforming to applicable standards set forth therein in constructing the Project, or reluses to
remove and replace rejecled malerials or unacceptable Work; or
4. Contractor discontinues the prosecution ol the Work (exclusive of work stoppage: (a) due to
termlnation by City; or (b) due to and during the continuance of a Force Maieure event or
suspension by City); or
5. Contractor fails lo resume perlormance of Work which has been suspended or slopped, within a
reasonable time after receipt ol nolice frcm Cty to do so or (if applicable) after cessation of the
event preventing performance; or
6. Any representation or wananty made by Contraclor in the Contracl Dooiments or any cerlificate,
schedule, instrumenl, or other document delivered by Contraclor pursuant to the Conkact
Documents shall have been false or materially misleading when made; or
7. Contrac{or fails to make payment to Subcontractors or Malerial Suppliers for materials or labor in
accordance with the respective Contract Documents and applicable law; or
8. Contraclor disrqards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction;or
9, Contractor is guilty of breach of a povision of the Contract Documents; or
10. Contcctor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for lhe
benefil of creditors and fails to provide City with adEuate assurances of Contracto/s ability to
satisfy its contractual obligations.
A receiver, trustee, or other judicial officer shall not have any nght, title, or interest in or to the Contract.
B
Upon that person's appointment, City has, at its option and sole discretion, ttE right to immedialely
cancel the Contract and dedare it null and void.
City's Rights.
When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and wrthout
prejudice lo any other rights or remedies of tre City, and after giving the Contractor live (5) calendar
days Mitten notice, terminate Conhacto/s performance of the Work, in whole or tn pan, and may:
1. Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon ovared by the Contractor;
2. Whholdfmm Conlractor amounts unpaid hereunderand to offset such amounts against damages
or losses incuned by City;
3. Accept assignment ol subcontracts from Contrac{or, at the sole discretion of City, and
4. Finish the Work by wtlalever reasonable method the City may deem expedient.
Upon request of the Contraclor, the City shall fumish to trhe Conhaclor a detailed acmunting of the
costs incuned by the City in tinishing the Work.
Costs
lf City's costs to complete and damages incuned due to Conlrado/s default exceed the unpaid
Contract balance, the Contector shall pay the difference to the City.
D. WrongrfulTermination
lf it has been adjudicated or otherwise determined that City has wrongfully terminaled the Contraclor
for cause, then said termination shall be deemed mnverted to a termination ,or convenience as set
forlh in Paragraph 5.04 and Contraclo/s remedy for wrongful termination in such event shall be limited
tolhe recovery of the payments permrtted for termination for convenience as set forlh in Paragraph
5.04.
PARTIAL DELETION OR SUSPENSION OF WORK BY THE CIW
A. Contractor agrees that the City may determine whether any or all ofthe Work described in the Contracl
Documents shall be deleted or performance suspended without electing lo terminate the Contracto/s
performance under the Conlract and without any penatty being incuned by the City.
B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor
shall it povide Contractor with any basis forseeking paymenl rrom City for Work deleted or suspended
except to the extent such Work has already been performed and is othenrvise compensable under the
Contract.
C. The City shall have the righllo laler have any such suspended ordeleted Work performed by Contractor
or others without any penalty to the City.
D. ln lhe event of any partial or complete deletion or suspension of Work, the City shall fumish Contraclor
with pompt written notice thereof, and the City shall be entitled to take possession of and have as ils
C
503
property all Record Documents, AcEounting Records, and other data Fepad by Contractor or its
Su bcontractors.
E. Suspension for Convenience.
1. The City may al any lime and lrom time to lime, without cause, order the Contractor, in writing, to
suspend, delay, or interupt the Work in whole or in part for such period of time as the City may
determine. Such order shall be specifically identified as a "Work Suspension Direclive" under his
Sec{ion.
2. Upon receipt of a Work Suspension Directive, Contractor shall, at the Crty's expense, comply with
its terms and take all reasonable sleps to minimize cosls allocable to the WoIk mvercd by the
Work Suspension Directive dunng the period of Work stoppage.
3. Within the period of suspension, or sudr extension to that period as is agreed upon by Contractor
and the City, the Crty shall either cancel the Work Suspension Direc{ive ordelete the Work covered
by such Work Suspension Directrve by issuing a Change Ordaor Construclion Change Direc{ive.
4. ll a Work Suspension Directive is cancelled or expires, Contraclor shall continue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustnents of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to lhe extent:
(a) That performance is, was, or r,rould have been so suspended, delayed, or intenupted by
another cause for which the Contractor is responsible; or
(b) That an equitable adjustment is made or denied under another povision of the Contract.
F. Suspensions for Cause
City has the authority by Mitten order to suspend the Work, in whole or in parl, without liability to City
for Contreto/s failure to:
1. Conect onditions unsafe for the Propct pesonnel or gneral public, or
2. Carry out the Contrac{; or
3. Carry out orders of City.
G. Respnsibilities of Contractor During Suspension Periods
During periods that Work is suspended, Contraclor shall continue to be responsible for the Work and
shall prevent damage or injury to the Proiect, provide fordrainage, and shallerecl necessary temporary
struclures, signs or other facilities required to maintain the Pmject and mntinue to perform according
io the Contrac{ Documents.
5.OI TERMINATION BY THE CIry FOR CONVENIENCE
A. Grounds
Without limiting afly rights wtridr Crty may have by reason of any default by Contraclor hereunder, City
may terminate Contracto/s perlormance of ihe Contracl, in whole or in part, at any time, for
convenience upon fifteen (15) calendar days wTitlen notice to Contractor.
B. Contraclor Actions
Upon receipt of such notice, Conlractor shall pedorm 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 lo by Contractor prior to the effective date of termination shall be terminated or shalt 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 amounts:
a. For Work performed before the efiec{ive date ol temination, the total (without duplication of
any items) of:
i. The mst of the Wo*i and
ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be
fair and reasonable. ln no event shall Contractor be enlitled to recover overhead or
profit on Work not performed.
b. The reasonable costs of setflement of the Work terminated, including:
i. Acmunling, clerical, and other expenses reasonably necessary for lhe prepanation
of termination settlement proposals and supporting data, if any; and
ii, Storage, transportation, and other costs reasonably necessary lor 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 mnditions as set forth for linal payment to the extent appllcable.
Upon receipt of sucil payment, the Contraclor and City shall have no further obligations to eadt
other except for Contraclo/s obligations with respect to wananties, representations, indemnity,
maintenance of insurance, and othel obligations thal survive termination or Final Completion as
provided for herein.
3. lt is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs,
or othercompensation or payment of any kind or cfraracter shall be due or payable for unperformed
Wo* regardless of the basis of lerminatron and the inclusion ol this provision wilhin this
subparagraph shall in no way limit its application to termination under this paragraph.
4. Contractor agrees thal each of its subcontrac{s will reserve for the Conlractor the same right of
temination for convenience provided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall Contractor be entitled to anticipatory or uneamed profrts orconsequential
or other damages as a result of a termination or parlial terminatron under this Article 5. The payment
to Contractor determined in rccordance wrth this Article constitutes Contracto/s exclusive remedy for
a terminalion hereunder.
CONTMCTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE505
lf the City lerminates Contracto/s performance of Work under the Contract, for cause or convenience or if
Contractor teminates a Subconlractor with the City's approval, Contractor shall:
(1) cease performance of the Work to the extent specified in the notice;
(2)take actions necessary or hat the City may direct, for lhe protection and preservation ofthe Work;
(3) settle outstanding liabilities, as directed by City;
(4) transler title and deliver to City Work in pogress, specialized equipment necessary lo perform the Work;
(5) submit all Record DooJments, Accounting Records and other data prepared pursuant to the frntract by
Contraclor and/or its Subcontraclors, 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 copy and elec{roniddigital form, with all items
properly labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice,
incur no furlher costs or expenses and enter into no further subcontracts and purchase orders,
No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this
Paragraph.
[END OF ARTICLEI
602
ARTICLE 6 - CHANGES
CIryS RIGHT TO ORDER CHANGES
The City, withoul invalidating the Contract, may authorize changes in the Work mnsisting of additions,
deletions, or other revisions, wilh the Contract Sum and Contract Time being adjusted accordingly, if
necessary. All such changes in the Work shall be authorized by Change order or Construction Change
Directive and Conlractor shall perform such changes in lhe Work according to the applicable requirements
of the Conlract Documents.
APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions ol the Contract Documents. The
Conlractor shall proceed promptly and diligently with the change, unless othen ise provided in the Change
Order or Construction Change Directive. lt is ol the essence to this Contract that all scope changes in the
Work that form the basis of an adiustment of the Conlract Sum or Contract Time must be authorized in
advance in writing through either a Change Order or Construction Change Directive. A change in the Contract
Sum or the Contract Time shall be accomplished only by Change Order or Conslruction Change Directjve.
Accordingly, no verbal directions, course of conducl or dealings between the Parties, express or imdied
acceptante of alterations or additions to the Work, or claim that the Conlract has been abandoned or the City
has been unjustly enriched by any alteratron or addition to the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time period provided in the
Contract Documents.
601
603 NOTICE OF SCOPE CHANGE
Contractor shall submit written notice of any change in scope to the Director if, in the Conlractor's opinion,
any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation
occurs that the Contraclor believes mnstilutes a smpe change or other matter resulting in Extra Work, for
which Contraclor believes it is entitled to an adiustrnent of the Contract Sum or Contract Time. Such notice
shall be povided prior to performance ofthe Work affected by such occunence and wthin seven (7)calendar
days afler lhe discovery date of the circumstances of such smpe change or other matters. The written notice
shall stale the date, circumstances, extent of adjustment to the contact sum or lhe contract Time, if any,
requested. The mere presentation of such notice shall not establish the existence of any nght by Contractor
to adjustment of the Contract Sum or Contract Time, Failure to provide such timely written notice described
herein shall constitute a waiver by Contractor of lhe right to any adjustment to the Contract Sum or Conlract
Time on acmunt thereof.
CHANGE ORDERS
A. Computation
Methods used in determinrng adjustments to the conlract sum by change order may include thoselisted in Paragraph 6.06 below.
B. Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and settlement of all adjustmenls to
contract rime and contract Sum, and compensation for any and all delay, extended or additional
field and home ofllce overhead, disruption, acceleration, inefficiencies, lost labor or equipmenl
produclivity, differing Site conditions, conslruction interferences and olher extraordinary or
consequential damages (hereinafter called "lmpacts"), including any ripple or cumulative effects of
said lmpacts on the overall Work under the Conlract arising directly or indirectly from the
performance ol work described in the change order. By execution ol any change order, contractor
agrees that the Change Order constitutes a complete accord and satisfaction with respect to all
claims for schedule exlension, lmpacts, or any costs of whatever nature, character or kind arising
out ol or incjdental lo the change order. No aclion, conduct, omission, product failure or murse of
dealing by the City shall act to waive, modify, change, or allerthe requirement that (i)Change Orde/s
must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are
the exclusive method for efiectuating any change to the Contract Sum and/or Contraci Time.
CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreemenl on the terms of a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in lhe Work within the general scope of the Contract consisting of addltions, deletion,
or other revisions, the Contract Sum and Conlract Time being adjusted accordingly.
B. lfthe Construction Change Directive povides for an adjustment to the Contrrct Sum, the adjuslment
shall be calculated in accordance with Paragraph 6.06 herein (pricing Changes in the Wo*),
C Upon receipt of the Construction Change Directrve, the Contractor shall promptly proceed with the
change in the Wo* involved and advise the City ofthe Conlractor's agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract Time.
D. lf Contractor believes a Construction Change Directive constitutes a basis for adjustment to the
604
605
6.06
Contract Sum or Contract Time, lhen Contractor shall give a Notice of Scope Change provided in
Paragraph 6.03, followed by a submission ol a Change Order Requesl as required by Paragraph
6.08. Conhactor shall, if requested by City in such Construction Change Directive or in a subsequent
Construction Change Directive, proceed with the performance of the Work as described in the
Construction Change Directive. Failure of Contractor lo proceed with the performance of Work, as
described in the Construction Change Directive shall give the City the right to carry out the Work, as
sel forth in Paragraph 2.05.
E. A Construction Change oirective signed by the Contractor indicates the Contracto/s agreement
therewith, induding adjuslment in Contract Sum and Conhact Time or the method for determining
them. Such agreement shall be effectlve 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 lhe adjustment shall be determined by the City on the basis of
reasonable expendilures and savings of those performing the work attributable to the change,
including, in the case of an increase in the contract sum, Allowable Mark-ups in accordance wilh
Paragraph 6.06(E) herein.
PRICING CHANGES IN THE WORK
A. Alternative [4ethods of Pricing
The amount of any adJustment by change order or construction change Directive increasing oI
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
following melhods:
1 . Lump Sum. By mutual acceptance ol a lump sum proposal from Contractor propedy itemized
and supported by sufficient substantiating data to permit 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 of the Contcct oocuments
2. Unit Prices. By unit prices contained in contractor's original Bid and incorporated in the contract
Documents orfixed by subsequent agreement between city and contractor. Unless otherwise
stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
by the County and Conlractor shall be deemed to include and encompass all Allowable Markups
3. Time and Malenals. By calculating the actual Allowable Costs directly incuned, plus a sum for
Allowable Mark-Ups on such Allowable Costs
4. Deletion of work. By Unil Prices contained in contracto/s original Bid and incorporated in the
contract Documents, or by using the schedule of values to delermine 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 ol values allocates
general condilions costs to individual line items, in which case no percentage of the decrease
ahall be added. When a change consists of both addition and deletion of Wo*, the added costs
and deleted costs shall be calculated separately, and then added together, resulling in the net
cost for the change. The Allowable Mark-Up shall be applied to lhis net cost
B Contractor Maintenance of Daily Records for Changes
1. ln the event that Contraclor is directed to perform any Extra Work, or should Contractor
encounter conditions which the Contractor believes would obligate the City to adjust lhe Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily report supplemented by back-up records. Such
records shall include withoul limitation:
a. Labor. At the close of each day on which such Exlra Work is performed, Contractor
shall submit an Extra Work labor report, on forms provided by Director, to Director that
sets forth a list of the actual hours spenl in performing the Extra Work, lhat cleady
differentiates between the labor expended on the Extra Work and olher Work, and the
Allowable Cmts ror such Extra Work performed thal day showing the names ol
workers, their classifications, hours wo*ed and hourly rates.
b. Materials. Equioment. A list of Allowable Costs of materials and equipment consumed
in lhe performance of the Extra Work on the day on which such Extra Work is
performed, togelher with copies of applicable delivery tickets and unit prices for all
materials and for all equipment used the type of equipment, identification number,
hours of operation (including loading and transportation) and hourly/daily rates involved
for that day.
c. Other Services or Exoenditures. A list of other services and expenditures mnsliluting
Allowable Costs incuned in performance of the EXra 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. In the event lhat more than one change to the Work is performed by the Contractor in a calendar
day, Contractorshall maintain separate reclrds of labor, construction equipment, materials, and
equipment for each such change. ln the eventthatany Subcontraclor of any tier shall provide
or perform any po(ion of any change to lhe Wo*, Contractor shall require that each such
Subcontractor maintain records in ecordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contraclor; such signature shall be
deemed Conlracto/s representation and wananty that all information contained therein is true,
accurate, complele, and relales only to the change referenced therein. All records maintained
by Subcontractors ol any tier, relating to the msts of a change in the Work shall be signed by
such subcontracto/s authorized poect manager or superinlendent,
All such records shall be foMarded to the Director on the day the Work is performed (same day)
for independent verification. The Director shall attempt to review and reconcile costs for
changes on a daily basis. Records not available on the day on which the Exlra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the eariier of the day of delivery or
incorporation of the particular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and material tickets and invoices
by persons designated by the Director for such purpose. In the evenl lhat Contractor shallfail
or refuse, for any reason, lo maintain or make available for inspection, review, and/ol
reproduction such records, adlustments to the Contract Sum orContract Time, ifany, on account
of any change to the Work may be deemed waived for that day. Contracto/s obligation to
c
maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor
obligation under the Contracl Documents with respect to changes to the Work.
5. Waiver bv Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any rights for recovery of Allowable Costs incuned Ior Extra Work performed that
day. The lailure of the Contractor to secure any required authentication shall, if the City elects
in ils sole discretion to treal it as such, constitute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non-authenticated ticket or invoice.
Allowable Costs
The term "Allowable Costs' shall mean in the case of Exlra Work aclual costs incurred by Contractor
and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the
E(ra Work, or in the case of deleted $/ork the actual costs that would have been incurred in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
1 L@I Straight-time wages or salanes, and overtime wages and salaries specifically authorized
by City in writing, for employees employed at the site, or at fabncation sites off the site, in the
direct performance ofthe Extra Work or that would have been incurred in the direct performance
ol the deleted work, based on lhe actual cost for wages prevailing locally for each craft or type
of workeB at the time the Extra Work is done or the deleted work is ordered eliminated Labor
cosls for equipment operatoc and helpers shall be reported only when such costs are not
included in the invoice for equipment rental. Theuseof labor classification which would increase
the Allowable Cost for Exlra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.
2. Benefits. Payrolltaxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benefits required by lawfulcollective bargaining agreements lor employees on straight-time
wages or salaries, and on overlime wages and salaries specifically authorized by City in writing,
for employees employed at the site, or at fabrication sites off the site, in the direct performance
of the Extra Work or that would have been incuned in the direct performance of the deleted
work.
3. lr4aterials. Consumables. Costs ol materials and consumable items which are lurnished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleled work shall be at the lowest price available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site lf
City determines, in its discretion, thal the cost of materials is excessive, or if Contractor fails to
furnish satisfactory evidence of the cost from the actual supplier thereof, then in eilher case the
msl of the materials shall be deemed to be the lowest wholesale price at which similar matenals
are available in the quantities required at the time they were needed. The City reserves the right
to fumish such malerials as il deems advisable, and Contractor shall have no claim for costs or
profits on materials so furnished. Material invoices must be included with the extra work report
to obtain payment.
4. Taxes. Sales taxes on the msts of matenals and consumable items described in Paragraph
5.04-C.3 above.
D
5. Tool. EouiDment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as aulhorized in writing by City, exclusive of hand lools, used directly in the
pedormance of the Exlra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownenhip, such rental charges shall nol exceed the houdy rate
derived from the most recently published "Renlal Rate Blue Book for Construction Equipment"
or the 'Rental Rate Blue Book for Older Construction Equipment,' as published by K-11 1, San
Jose, Califomia, which is in effect at the time of mmmencement of the changed work, The
Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph
6.0G8, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use
of equipment or tools whlch have a replacement value of 9500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small lools, necessary
attachments, loading, transportation, repairs and maintenance ol any kind, depreciation,
storage, insucnce, and all incidentals, Notwithstanding the provisions of paragraph 6.06-E
below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment
if the equipment is supplied by an equipmenl renlal firm. lf equipment is used interminently and,
when not in use, could be retumed lo its rental source at less expense to City than holding it at
the Site, it shall be retumed, unless Contractor elects to keep it at the Site al no expense tocity.
Costs incuned while equipmenl is inoperative due to breakdowns, regular maintenance, or lor
non-Working Days shall not be allowed, The rental time shall include the time required lo move
the equipment to the Work from the nearest available source for rental of such equipment and
t0 retum il to the source. lf such equipmenl is not moved by its own power, then loading and
transportation will be allowed. Neither moving time nor loading and transportation costs will be
paid rf the equipment is for use on the Prqect unrelated to the Extra Work. All equipmenl shall
be acceptable to City, in good working condition, and suitable for the purpose for which it is to
be used.
6. Rovalties. Additional or saved msts of royalties due to the performance of the Extra Work or
deleted 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 (10lo) of ltems 1 through 6 above.
Costs Not Allowed
Allowable Costs shall nol include any of the following:
1. Wages, salaries, fringe benefits and payroll taxes of Conlractor's and all Subcontracto/s non-
craft labor (above a Foreman level);
2. Overhead (induding home offlce overhead), administrative or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in mnnection
with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Small tools (replacement value not exceeding 9500);
5. Office expenses, including secretarial and administrative slaff, materials and supplies;
6, On-site and off-site trailer and storage rental and expenses;
7. Site fencing;
8. Utililies, including gas, electric, sewer, water, lelephone, telelax, copier equipmenl;
9. Computer and data processing personnel, equipment and soflware;
10. Federal, state of local business income and franchise taxes;
11. Losses of efiiciency or productivity; and
12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph
6.oec.
E. Allowable ltlark-Up
'1. Extra Work bv contretor (Markup): The following percentages shall be added to the Contrac{o/s
msts and shall constitute the markup for all overhead and profrts:Labor 2tr/,
150/o
1SVo
Other ltems and Expendrtures 150/o
2. Extra Work by Subconlractor (Markuo): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 606.E.1 shall apply to the
Subcontractor's actual costs. A markup of 5% on the subcontracted porlion of each extra work
may be added for the Contractor.
F. Net Allowable Costs
lf anyone scope change involves both Extra Work and deleled work in the same portion of the Work
and the additive allowable msts exceed the deductive allowable osts, the Allowable Markups on
the Extra Work will be only the difference between the two amounts
CIW ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST
City may issue a Construction Change Directive or other writlen request to Contractor descnbing a proposed
chinge to the work and rEuesting the contractor submit an itemized change order proposal in a format
acceftabte to City within ten (10) calendar days after City issues the request. The Contraclo/s change order
proposal shall include an analysis of impacts to mst and time, if any, to perform additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by the cost categones listed in this Paragraph), and contracto/s proposed methods
to minimize costs, delay, and disruption to the performance of the Work. lf Contractor fails to submit a written
change order proposal within such period of lime, it shall be presumed that the change described in the City's
originil proposal request will not result in an increase to the Contracl Sum or Contract Time and lhe change
shrll be performed by Conhactor without additional compensation to Contractor. City's requesl for itemized
change order proposal request does not authorize the Contractor to commence performance of the ciange.
lf Cittdesires that the proposed change be performed, the Work shall be authorized according to the Change
Order or Construction Change Directive procedures set forth herein
CONTMCTOR ORIGINATED CHANGE ORDER REQUEST (COR)
lf the Contractor believes that instructions issued by the City after the effeclive date of the Contract will result
in changes to the Contract Sum or Contract Time or if the Contractor otheMise becomes aware ol the need
Materials
Equipment Rental
607
608
6.09
for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("CORJ
to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other
requirements of Article 7 belowfor Claims. The CoR musl specify the reasons for the propsed change, cost
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in ils description of the Work, its matenal and labor quantities and detail, and must support and
justify the costs and credits claimed by the Contractor. A Critical Path l/elhod schedule Fragnet is required
to support and justily any additional time of performance requested by lhe Conhactor. The City will not review
any COR which is incomplele. The Contractor may request additional mmpensation and/or time through a
COR but notlor instances that occurred more than ten (10) calendar days prior lo the notice date. Contracior's
failure to initiate a coR within this tenday period or to provide detailed back-up documenlation to
subslantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adjustment of the contract Sum or the contract rime for the alleged change, Any coR that is
approved by the City shall be incorporated in a Change order or Construclion Change Directive. lf the COR
is denied but lhe Contractor believes that it does have merit, the Contractor shall proceed with the disputed
Work and may submit a Claim in acmrdance wilh the procedures set forth herein.
ISSUANCE OF WORK DIRECTIVE (UNILATEML).
ln lhe event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shallcontinue performance of disputed Work pending reiolution and shail
mainlain and submit to City all accounting and cost data necessary lo substantiate Contractor,s mst of such
disputed Work.
701 GENEML
[END OF ARTICLE]
ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS
Payment will be made at the price for each rtem listed on the bidding form or as Exlra work as provided
in the General Condilions.
lnitial progress payment will not be made prior to approval by the Director of the schedule of values,
the Constructon Progress Schedule, and the Schedule of Submittals.
No subsequent progress paymenl will be made prior to receipt by the Director of the monthly revision
of the Construclion Progress Schedule.
702 SCHEDULE OF VALUES FOR PAYIVENTS
B
C,
Submission
Upon City's request, the three (3) lowest bidders shall complete and submit a preliminary Schedule
of Values, within seven (7)calendar days.
ln addition, conkactor shall mmplete and fumish within seven (7) calendar days after receiving the
Notice of Award of the Construction Contracl a Final Schedule ol Valuei giving a complete
breakdown of the Contract Sum for each component of the Work.
7.03
B. Content
The Schedule of Values shall be in sufflcient detail as the Director may, ln its discretion, deem
necessary to evaluate progress at any point in the performance ol the Work. Unless otheMise
specified in the Contract Documents, the Schedule of Values shall include, without limitation, a
breakdown ol lhe general categories of Subcontractor work, direct overhead, pofit and contingency,
and a further breakdown ol the general categories of Subcontractor work into separate trade line
items of costs lor Subcontractor services, labor and material, which is based on actual Subcontractor
contracl, subcontract, purchase order or vendor prices. lf requested by Director, Contractor shall
revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency
among the indlvidual line items lor trade portions ol the Work. No amounts shall be reflected in lhe
Schedule ol Values or Application for Payment for Extra Work or Deleted Work for which a Change
Order has not been executed by Contractor and City or for which a Conslruction 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 msl of the base Conlract Work and separately listed by line item in the Schedule of Values. The
Schedule of Values must be prepared in sufficient detail and supported by sufflcient data to
substantiate its accuracy as the Director may requlre.
C. AoDlications lor Pavment
The Schedule ol Values, when approved by the Director, shall be used as a basis for Contracto/s
Applications for Payment and may be considered as fixing a basis for adjustments to the ftntract
Sum.
D. Revisions
tf, at any time, it is determined that the &hedule of Values does not allocate the Contract Sum in a
manner that reasonably and fairly reflects the actual costs anticipated to be progressively incuned
by Contractor, it 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 7.03-B below for the monthly progress payment
meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to
show the percenlage of complelion certified by Conkactor for each line item in the &hedule of
Values, including any stored materials approved for payment by City pursuanl to Paragraph 7 03-D,
below and any withholdings from Contractor propsed by Direclor'
B. Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet with the
Direclor on or belore the twentieth (20th) day o{ each month to review the Contrac{o/s marked
Schedule of Values prepared in accordance with Paragraph 7.01A, above. The Director shall revise
as appropriate and sign the marked Schedule of Values to verify 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 efforts to resolve the disputed items with the Director before submitting its Application
for Payment. lf the Director and contractor cannot agree, then the percentage completion shall be
established at such percentage as the Director, in good faith, determines is appropriate to the actual
progress of the Work. No inaccuracy or eror in the Director's good faith estimate shall operate t0
7U
release Contracloror Surety fom any responsibility or liability arising from or related to performance
ofthe Work. The Director shall have the right subsequently lo mnec{ any enor and dispute any item
submttted in Conlracto/s Application for Payment, regardless of whether an item was identified as
disputed in the review process provided lor herein.
C, Certification
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury lo
City that:
1. the data compnsing the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Conlraclods knowledge, information and belief, the Work is in accordance with the
Contract oocuments;
3. Contraclor is entilled to payment in the amount certified; and
4. all sums previously applied for by Conlractor on a@ount of Work performed by Subconlractors
and that have been paid by City have been paid to lhe Subcontractors performing such Work,
$/ithout any relention, withholding or backcharge by Contractor.
D. Stored Materials
Payments may be made by City, at ils discretion, on accounl of materials or Euipmenl not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor
or stored off-Site under the control of City. Such payments shall only be considered upon submission
by Conkactor of satisfaclory evidence that it has acquired title to same, thalthe materialor equipment
will be utilized in the Work and that the material is satisfaclorily stored, protected and insured, and
that such other procedures are in place satisfactory to City to protect City,s interests, To be
considered for payment, matenals or Euipment stored ofi-Sile shall, in addition to the above
requirements and unless otherwise specifically approved by city in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection. City shall have sole discretion to
determine lhe amount of matenal and equipment that may be stored on the site at any given time.
PROGRESS PAYMENTS
A. Conditions lo Progress Payments
Contractor shall submit its Application for Payment to the Director, using such forms as required by
City, once a month on or before the first ('lst) Day of the month following the month in which the
Work that is the subject of such Applicalion Ior Payment was performed. Without limitation to any
other provisions of the Conlract Documenls, the following shall be conditions precedent to a proper
submission and to the Director approval of each Application for payment:
1. submission of a Schedule of Values that reflects the percenlages of completion eilher agreed to
or determined by Director in accordance with paragraph 7.03-8, above;
2. submission ol the Contracto/s certification required by paragraph 7.03-C, above;
3. submission of conditional releases ol stop nolice, if any, and bond rights upon progress
payment, complying with Califomia Civil Code Section 8132, for all Wo* performed during the
time period covered by the cunent Applicalion for payment, signed by Contractoi its
B
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with Califomia Civil
Code Section 8134 for all Work perlormed during the time period mvered by the previous
Application for Payment, signed by Contractor, ils Subcontractors of every tier and all material
suppliers to each;
4. compliance by Conlractor with its obligalion for mainlenance ol As-Builts as required by the
Contract Documents;
5. compliance by Contractor with its obligation for submission of monthly and daily reports as
required by the Contract Documenls;
6. mmpliance by Contractor with its obligations for submission of scheduling information and
updating of the Construction Schedule as required by Article 4, above and other provisions of
the Contract Documenls pertaining to preparation or updating of schedule information;
7. submission ol certified payroll remrds as required by the Contract Documents;
L submission ol cerlifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreements certilying lhat all employee benefit contnbutions due and
owing pursuant lo any applicable collective bargaining agreement have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission of documentation or
performance of mnditions which, by the terms of the Contract Documents, constitute conditions
to Contraclo/s righl to receive payment for Work performed.
Payments by City
Pursuant to Califomia Public Conlract Code Section 20104.50, City shall make progress payment of
undisputed sums due within thirly (30) Days after receipt by Director of an undisputed and properly
submitted Application for Payment, calculated on the basis of ninety-five percenl (95o/o) ol value
determined pursuant to Paragraph 7.018 above of the following:
1. the portion of the Work permanently installed and in place;
2. plus, the value of malerials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.0$D, above,
3. less, the aggrqate of previous paymenls, and
4. less, any olher withholdings authorized by the Contract Documents.
Reieclion by Cily
Any Application for Paymenl determined noi lo be undisputed, proper and suitable for payment shall
be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why the payment request was reiected.
Failure by City or Director to either timely reject an Application for Payment or specify any grounds
for relection shall not conslitute a waiver of any rights by City. Applir=tions for Payment that are
rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor.
C
7.05
D. lnterest
lf City fails to make a progress payment to Contractor as required by Paragraph 7.04-8, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Califomia
Code of Civil Procedure Section 685.0'10. The number of Days available to Crty to make paymenl
pursuant lo Paragraph 7.04-B, above without incuning interest pursuant to this Paragraph shall be
reduced by the number of Days by which City exceeds the seven (7) Day relum rEuirement
applicable to City as set forth in Paragraph 7.04-C, above.
FINAL PAYMENT
A. Retention
ln addition lo withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (S%) of
all sums otheMise due to contractor as progress paymenls shall be withheld by city pursuant lo
Paragraph 7.04-8 from each progress payment ('Retention') and retained until such time as it is due
as described herein. A higher Retention amounl may be approved by the city council where project
is deemed 'substantially complex" by City Council.
B. Conditions to Final Payment
contractor shall submit its Application for Final Payment, using such forms as required by Director,
prior to requesting a final inspeclion of the Work in accordance with paragraph 3.06 above. Such
Application for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Prqect for which City or Citys property or funds might be liable have been paid or
otheMise satisfied;
2. Contractor's certilication as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documenls is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by Califomia Civil
Code Section 8136 executed by Conhactor, all Subconlracloc of every tier and by all material
suppliers ofeach, covenng lhe final payment pedod;
6, Unconditional Waiver and Release Upon Progress payment in the form required by Califomia
Civil Code Section 8136 executed by Contraclor, all Subcontractors of every tiei and by all
material suppliers of each, covering the previous paymenl periodi
7. all Record Documents (including, without limitation, complete and accurate As-Buill drawings
which shall be kept up to date during the performance of the Work);
8. documentation lhat Contraclor has inspec{ed, tested, and adjusted performance if every system
or facility of the Work to ensure that overall perlormance is in compliance with the terms of the
Contract Docllmenb;
9. four (4) mpies of all wananties from vendors and Subconkactors, operation and maintenance
manuals, instructions and related agreements, and equipment certifications and similar
documenls;
7.06
10. certilications by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benefit contributions due and owing pursuant to any
applicable collective bargaining agreement have been paid in full;
11. releases of rights and claims relating to patents and lrademarks, as required by lhe Contract
Documents; and
12. any other documents or information required by the Conlracl Documents as a condition of Final
Payment or Final Completion.
C, Final Paymenl
Pursuantto the Public Contract Code Section 7107, within sixty (60) Days after City issues the Nolice
of Completion to Conkactor, the Final Payment, including Retenlion, shall be released to Contractor,
subject to the City's right to withhold 1500/0 of any disputed amounts.
D. Disputed Amounts
Pursuant to califomia Public contract code 7107, clly may deduct and withhold from the Final
Payment due under Paragraph 7.04C, above, an amount up to 150% of any disputed amounts,
inciuding, without limitation, amounts to protect City against any loss caused orthreatened as a result
ol Contiacto/s failing to fully perform all of those obligatrons that are required to be fulfilled by
contractor as a condition to Final completion and Final Payment. Altematively, cily may elect, in its
sole discretion, to accept the Work without mrrection or completion and adjust the Contract Sum
pursuant to the Contracl Documents.
E. Accepiance of Final Paymenl
Acceptance of Final Payment by Conlractor shall constitute a waiver of all rights by Conlractor
against city for recovery of any loss, excepting only those claims that have been submitted by
$ntraOorln the manner required by the Contract Documents pnor to or at the time of the Final
Payment.
MISCELI.ANEOUS
A. Joint Payment
city shall have the right, if deemed necessary in its sole discrelion, to issue ioint checks made
payable to Contractorlnd any Subcontracto(s) ol any Tier. The joint check payees shall be solely
reiponsible for the allocation and disbursement of funds included as part of any such ioint payment.
Endorsement on such check by a payee shall be conclusively presumed to mnstitute receipt of
payment by such payee. ln no event shall any joint cireck payment be construed to create any
contract between City and a Subcontraclor ofany Tier, any obligation from City to such Subcontractor
or any third party rights against City or Director.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to &ntractor shall not operate in any way to relieve Contractor from its obligations under the
Contiact Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention ol any payment. The partial payment, withholding or
retention by City in good .faith ol any disputed portion of a payment, whether ultimately determined
to be conectly'or inconectly asserted, shall not constitute a breach by City of the Construction
7.07
7.08
Contract and shall not be grounds for an adjustment of the Contract Sum or Conlract Time.
C. No Acceplance
No paymenl by City or partial or entire use of the Work by City shall be conslrued as approval or
acceplance of the Work, or any portion thereof.
D. Contractor Payment Wananty
Submissron of an Application for Payment shall conslitute a representation and wananty by
Contractor that:
1 , Tille to Work covered by an Application for Payment will pass to City either by incorporation into
the mnstruclion or upon receipt of payment by Conlractor, whichever occurs first; and
2. work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security inlerests or encumbrances imposed by lhe Contraclor or any other person.
E. Conections
No inaccuracy orenor in any Application for Payment provided by Contractor shalloperate to release
conlractor from the enor, or from losses arising from the work, or from any obligation imposed by
lhe Contracl Documents. City retains the right to subsequenfly conect any enor made in any
previously approved Application for Paymenl, or progress paymenl issued, by adjustments to
subsequent payments.
PAYMENTS BY CONTMCTOR
Conlractor shall not include in its Applications for Paymenl sums on account of any Subcontracto/s portion
ofthe work that ildoes not intend to pay lo such Submntractor. Upon receipt of paymentfrom city, conlractor
shall pay the Subconkactor performing Work on the Prqect, oul ofthe amount paid to Contractoi on account
of such Subcontracto/s portion ofthe Work, the amounl to which said Subcontractor is entitled in accordance
with lhe terms of its contract with Contractorand applicable laws, including, wflhout limitalion, Califomia public
Contract Code Section 7107. Contractor shall remain responsible notwithslanding a withholding by City
pursuant to the terms of these contract Documents, to promp y satisfy from its own funds sums due to ail
Subcontractors who have performed Work that is included in Contracto/s Application for Payment. Contractor
shall, by apprcpriate agreement, require each subconlractor to make payments lo its subcontractors and
material suppliers in similar manner. city shall have no obligation to pay or be responsible rn any way for
payment to a Subcontraclor of any tier or material supplier.
PAYMENTS WITHHELD
A. Withholding by City
ln addition to any olher amounts which city may have the right to retain under the contract
Documents, city may withhold a sufficient amount of any payment othenvise due to contraclor as
city, in its sole discretion, may deem necessary to cover actual or threalened loss due to any of the
following:
1. Third Party Claims. Third-party daims or stop notices filed or reasonable evidence indicating
probable filing of such claims or stop nolices. city shall pmmptly inform conkactor of any third
party daims related lo this Conlract;
2. Defective Work. Defective Work not remedied;
3. Nonpayment. Failure of Contractor to make proper payments to its Subcontraclors for services,
labor, matenals or equipment;
4. lnability to Complete. Reasonable doubt that the Wo* can be completed for the then unpaid
balance ol the Contract Sum or within the Contract Time;
5. Violation of Applicable Laws, Failure of Contractor or its Subcontractors to comply with
applicable laws or lawful orders ol governmental authonties;
6. Penalty. Any claim or penalty asserted against City by vi(ue of Contractor's failure to comply
with applicable laws or lawful orders of govemmental authorities (including, without limitation
labor laun);
7. Failure to Meel ContBct Time, Any damages which may acsue as a result of Conlractor failing
to meel the Construction Schedule or lailing to perform within the Contract Timei
L Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding
offset or set off or that would legally entitle City to a set-off or recoupment;
g. Consultant Services. Additional prolessional, consultant or inspection services required due to
Contractor's failure to comply with the Contract Documents;
'10. Liquidated Damages. Liquidated damages assessed against Contractor;
1 1. Materials. Materials ordered by City pursuant to the Contracl Documents;
12. Damages. Loss caused by contractor or subcontractor to city, sepaEte contractors oI any
other person or entily under mntract to City;
13. Clean Up, Clean up performed by city and chargeable to contractor pursuant to the contract
Documents;
14. Employee Benefits. Failure of Contractor to pay contnbutions due and owing to employee
benefits funds pursuant to any applicable collective bargaining agreement or trusl agreement;
15. Required Documenls. Failure of Contractor to submit on a limely basis, proper and sufficient
documentation required by the Contract Documents, including, without llmitation, Construction
Schedule updates,'look ahead' schedules, Submittals, Schedules of Values, information on
Subcontractors, Change Orders, certifications and other required reports or documentation; and
16. O'ther Breach. A breach of any obligation or provision of the Contract Documents.
B. Release of Withholding
lf and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incrined or threatened have been paid, credited or otheruise satislied, lhen
payment shall be made for amounts withheld because of them
C. Application of Withholding
City may apply sums withheld pursuant lo Paragraph 7.0$A above, in payment of any loss or
7.09
threatened loss as City determines, in its sole discretion, to be appopriate. Such payments may be
made without a priorjudicial delermination of Cily's actual rights with respect to such loss. Contractor
agrees and hereby designates City as its agent for such purposes, and agrees that such payments
shall be mnsidered as payments made under Construction Contract by City to Contractor. City shall
not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an
accounting of such funds disbursed on behatf of Contractor. As an altemative to such payment, city
may, in its sole discretion, elect to exercise its righl to adiust the Contract Sum as provided in the
Contract Documents,
D. Continuous Performance
Provided city pays lhe undisputed portion, if any, of funds withheld in good faith, contraclor shall
maintain continuous and unintenupted performance of the Work during the pendency of any disputes
or disagreements with City.
SUBSTITUTION OF SECURITIES
A. Public Conlract Code
Pursuant to the requirements of Califomia Public Contract Code Seclion 22300, upon Contracto/s
request, city will make payment to contrac{or of any funds withheld ftom payments to ensure
performance under the Contracl Documents if Contrac{or deposits with City, oi in escrow with a
califomra or federally chartered bank in califomia acceptable to city ('Escrow Agent'), securities
eltgible for the investment of State Funds under Govemment Code Seclion '16430, oibani< or savings
and loan cedificabs of deposit, intereslbearing demand depsil accounts, standby letters of credit, 6r
any olher security mutually agreed to by the conkactor and the city, upn the following conditrons:
1. Conkaclor shall be lhe beneficial owner or any securilies substituted for monies withheld for the
purpose of receiving any interest lhereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section 22300
and under this Paragraph 7.04, including, but nol limited lo City's overhead and administrative
expenses, and expenses of Escow Agent shall be the responsibility of Contractor.
3. Securities or cerlificates of deposit substituted for monies withheld shall be of a value of at least
equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract
Documents.
4 lf Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent,
contractor, city and Escrow Agent shall, as a prerequisite to such deposit, enter inro an esirow
agreement, using the Citys form,.Escow Agreement for Deposit of Securities in Lieu of
Retention."
5. Contactor shall obtain the wntten consent of Surety to such agreement.
6. securities, if any, shall be retumed to c,ontractor only upon satislactory Final completion of the
Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
lime Contractor requests to substitule security, deposit suffcient secjrity to cover the entire amount to
be withheld. Should the curent market value of such substituted security fall below the amount for
C
D
which it was substituted, or any other amounts which the City withhoHs pursuanl lo the Contract
Documenls, Contraclor shall immediately and at Contraclo/s expense and at no mst lo City deposit
additional security qualifying under Public Contract Code Section 22300 until the cunent markel value
of the total security deposrted is no less than the amount subject to withholding under the C,ontract
Documents. Secunlies shall be valued as often as conditions of the sedJrities market wananl, but in
no case less Irequently than once per month.
Deposit of Retentions
Alternatively, subject lo the conditions set Iorth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agenl at the expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above- At
the expense of contractor and at no cost to city, contractor may direct the investmenl of the
payments into securities and inlerest bearing accounls, and contractor shall receive the interest
eained on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of
the work, contraclor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow lees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents
Time for Election of Substitution of Securities
Notwithstanding the provision of 7.04 A, B, and c above and califomia Public contract code section
22300, the lailure of Conlractor to request the Substitution oleligible securities for moniesto be withheld
by city within ten (10) days of the award of contIacl to contractor shall be deemed to be a waiver of
all such rights.
CLAIMS
A. Arising of Claim.
1 . Scope Change. When Conhactor has a claim for an increase in the Contract Sum or Conlract
Time due to i scope change which has not yet become final, a,claim'will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the contractor's change
Order Request.
2. Other Claims. ln the case of a Claim by Contractor that does not involve an adjustment to the
contract sum or conhact Time due to a scope change and which has nol become final, the
Claim may be asserted if, and only if, Contractor gives wrinen notice to City of intent to file the
Claim witirin three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such wrrtten notice of intent to flle a Claim
shall be valid if, and only if, it identilles the event or condition giving nse to the Claim, states its
probable effect, if any with respect to Contracto/s entitlemenl to an adjustment ol the Contract
Sum or Contract Time and mmplies with the requrremenls of Paragraph 7 11-B, below For
purposes of this Paragraph 7.11 , a Claim for which such wntten notice is required and has been
given by Contractor shall be deemed to arise on the date that such written notice is received by
City.
710
B, Content of Claim
A Claim by Contractor must include all of the following:
1. A statement that it is a Claim and a rEuest for a decision on the Claim;
2. A detailed description of the act, enor, omission, unforeseen condilion, event or other
circumslance giving rise to the Claim.
3. lf lhe Claim involves an adjustment to the Contract Sum or Contracl Time due to a change in
scope, a statement demonstrating that all requisite noti@s were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3, lf lhe Claim does nol involve an adjustment to the Contract Sum or Contract Time
due to a change in scope, a slatement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;
4. A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form'required for submittal of Change Order Requests and
actualjob cost records demonstrating that lhe msts have been incrned;
5, lf lhe Claim involves a request for adjustment of the Contract Time, Mitten documentation
demonslrating that Contractor has complied with the requirements of the Contract Documents
and writlen substantialion (including, without limilation, a Time lmpact Analysis) demonstraling
lhat Contractor is entitled to an e(ension of time under the Contract Documents; and
6. A witten certification signed by a managing officer of Contracto/s organization, who has lhe
authority to sign contracts and purchase orders on behalf of Contractor and who has personally
investigaled and confirmed the trulh and accuracy of the matteE set forth in such certification,
in the'following form:
"l hereby certify under penalty of perjurythat I am a managing officer of (Contracto/s name) and
that I have reviewed the Claim presented herewilh on Contracto/s behalf and/or on behalf of
(Subcontracto/s name) and that, to the best of my knowledge afterconducting a diligent inquiry
into the facts of lhe Claim, lhe following statements are true and conect:
The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, lrue and accurate; and,
(a) I do nol know of any facls or circumslances, not alleged in the Claim, thal by
reason of their not being alleged render any fact or statemenl alleged in the Claim
malerially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job mst records (including those maintained
by Contractor and by any Subcontractor, of any tiel that is asserting all or any
portion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact suffered
in the amounts and for the reasons alleged in the Claim; and,
(c) I have, tt/ith respect to any request for extension of lime or claim of delay,
disruption, hindrance or interference alleged in or that forms lhe basis for the
(d)
Claim, reviewed the lob schedules (including those maintained by Contractor and
the Subcontractor, of any tier, thal is asserting all or any portion of the Claim) and
confirmed on an event-by€vent basis that the delays or disruption suffered by
Contraclor and/or such Subcontractor were in fact experienced for the durations,
in the manner, and with the mnsequent etfects on the time and/or sequence of
performance of the Work, as alleged in the Claim; and,
I have not received payment from City for, nor has Contractor previously released
City from, any portion of the Claim.'
Signature:
Name:
Company
Dater
C
D
Noncompliance
Failure to submit any of the information, documentation or certifications required by Paragraph 7.10-
B, above, shall result in the Claim being retumed to Contractor without any decision.
Submission of Claims
1 , Director. Claims shall be first submitted to the Cily for decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or lhe existence of any dispute
regarding any Claim, unless othenrvise directed by City, Contractor shall nol delay, slow or stop
performance of the Work, bul shall diligently proceed with performance in accordance with the
Contract Documents and City will continue, to make undisputed paymenls as by the Contract
Documents.
3. Time for Filino, All Claims and supporting documentalion and certifcations must be filed within
thirty (30) days after the Claim arises. No Claims shall be filed after Final Paymenl.
4. Conditions Precedent, No Claim may be asserted unless Contractor has stnctly mmplied with
the requirements of this Paragraph 7.10-D, wtrich shall be considered conditions precedent to
Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect
to such Claim.
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 ot the Claim, unless City requests additional information or
documenlation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within frfteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contraclor in producing
the additional information oI 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 inlormation or documentation
E
802
of the Claim within thirly (30) days of receipt of the Claim, in which case City shatt respond to
the Claim within thirty (30) days after receipt of the further information ordocumentation orwilhin
a period of time no greater than that taken by Contractor in producing the additional information
or documentation, whichever is grealer.
3. Meet and Confer. lf Contraclor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7,10-E.1 and 7.1GE.2, above, Contractor may so notify
City, in writing, within frfteen (15) days of City's response, or wilhin fifteen (1S) days ol City's
Iesponse due dale in lhe evenl of a failure to respond, and demand an informal mnlerence to
meet and confer for setllement of the issues in dispute. Upn such demand, City shall schedule
a meet and conler conference within thirty (30) days of such demand, lor discussion of
senbment of the dispute.
F. Finality of Decision
lf Contractor disputes the Directo/s decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 ol these General Conditions by filing a Statement of
Dispule within seven (7) days after receipt of the Directo/s response.
G. Continuing Contract Performance/Duty to Proceed with Disputed Work
contractor shall not delay or postpone any work pending resolution of any claims, dispules or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with
performance ol the Contract and the Crly shall continue to make payments for undisputed Work in
accordance with the Conlract Documents. ln the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contrac{or shallcontinue performance pending resolulion ofthe
dispute and shall maintain the accounting and cost data lo substantiate the cost ofsuch disputed ' ork.
IEND OF ART|CLEI
ARTICLE 8 - MATERIAIS AND EOUIPMENT
GENEML
A. The Contraclor shallfumish all materials and equipment needed to complete lhe Work and installations
required under the terms of this conlract, except those materials and equipment specilied to be
fumished by the City.
B. The Contractor shallsubmit satisfac{ory evidence that the matenals and Euipment to befumished and
used in the \,t/ork are in mmpliance with lhe Specifications. Malerials and equipment incorporated in
the Work and not specifically mvered in the Specfications shall be the best of their kind. Unless
otheMise specifed, all matenals and equipment incorporated in the Work under the ContEct shall be
new.
QUALITY AND WORKMANSHIP
All material and equipment fumished by the contractor shall be new, high grade, and ftee from defects and
imperfections, unless othenvise hereinafrer specified. wo*manship shall be in accordance with the best
standard praclices. All materials and equipment must be of the specified quality and equal to approved samples,
if samples have been required. All work shall be done and completed in a thoough, workmanlike manner,
not\flithstanding any omission from the Specific€tions or Drawings, and it shall be the duty of the Contraclor to
call attention to apparent erors or omissions and requesl instructions before poceeding with the Worft. The
801
804
Director may, by appropriate instructons, corecl erors and supply omissions, which instructions shallbe binding
upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under
the Specifications will be inspected by the Director as provided in Paragraph 8.M. All matenals and equipment
furnished and allWork done must be satisfactory to the Director. Work, material, orequipment not in accordance
with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatislactory matenals
and equipment will be rejecled, and if so ordered by the Director, shall, at the Contraclo/s expense, be
immediately removed from the vicinity of the Work.
@lsloN
Whenever in the Specifications or Drawings the name or brand of a manufaclured artide is used it is intended
to indicate a measure ol quality and utility or a standard. Except in those instances where the product is
designated to match others in use on a parlicular improvemenl either completed or in the course of complelion,
the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on
approval of the Director, prcvided the use of such brand or manufacture involves no additional cost to the City.
APPROVAL OF I\4ATERIALS
A. The Contraclor shall fumish without additional cost to the City such quanlities of conslruction materials
as may be rEuired by the Director for test purposes. He/she shall dffi at the Directods disposal all
available facilities lor and cooperate with him in the sampling and testing of all materials and
workmanship. The Contractor shall prepay all shipping dlarges on samples. No samples are to be
submitted with the bids unless otherwise specified.
B. Each sample submitted shall be labeled. A letter, in duplic€te, submitting each shipment of samples
shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the matenal represented, fts place of origin, the names of the poducer and
the Contractor, the Specilications number and title, and a relerence to the applicable Drawings and
Specmcafu ns paragraphs.
C Materials or quipment of which samples are required shall not be used on the Work until approval has
been given by the Director in writing. Approval ol any sample shall be only forthe characteristics of the
uses named in such approval and no other, No approval of a sample shall be taken in itself to change
or modify any Contract requirement.
D. Failure ol any matenal to pass the specified tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under lhis Contract, any further sample of the same brand or
make of thal matenal.
ORDERING MATERIALS AND EOUIPMENT
One copy of each of the Crntrrcto/s purchase orders for materials and equipment Iorming a portion of the Work
must be lumished to the Director, il requested. Each such purchase order shall mntain a statement that the
materials and equipment included in lhe order are subject to inspection by the City. Matenals and equipment
purchased locally will, at the City's discretion, be inspected at the point of manufaclure or supply, and materials
and equipment supplied from points outside the Los Angeles area willbe inspecled upon arfivalatthe iob, except
when other inspection requirements are provided for specific matenals in other sections of the Conlract
Documents.
803
805
806 AUTHORITY OF THE DIRECTOR
A. 0n all questions conceming the acceplability of materials or machinery, lhe classification of materials,
the execution of the Worft, and mnflicling interests of Contractors performing related t/,rork, the decision
of the Director shall be final and binding,
B. The Director will make periodic observations of materials and completed work to observe their
compliance wflh Drawings, Specrfications, and design and planning concepts, but hdshe is not
responsible for the supenntendence of mnstruction processes, srte condrtions, operations, equipment,
personnel, or the maintenance of a safe place to \,vork or any safety in, on, or aboul the sile of work.
INSPECTION
All materials fumished and work done under this Contracl will be subject to rigid inspection. The Contractor shall
fumish, wilhout extra charge, the necessary test pieces and samples, including facilities and labor for obtaining
them, as requested by the Direclor. The Director, or his/her authorized agent or agents, al all times shall have
access to all parls of the shop and the works where such malerials under his/her inspection is being
manufaclured or the work performed. Work or material that does not conform to the Specifications, although
accepted through oversight, may be rejected at any stage of the Work. Whenever the Conlractor is permifled or
directed to do night work or to vary the period during which rrork is canied on each day, he/she shall give lhe
Direclor due notice, so that inspectlon may be poMded. Such work shall be done under regulations to be
lumished in writing by the Director,
INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servanls, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in lhe execution of the Work or included in the
materials or supplies agreed to be lumished under this Contracl, and should the ContEctor, his/her agents,
servants, or employees, or any ofthem, be enjoined lrom fumishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this contracl, the
Contractor shall promptly substitule olher inventions, prccesses, equipment, artides, materials, supplies, or
appliances in lieu thereof, of equal efiiciency, quality, flnish, suitability, and market value, and satisfactory in all
respects lo the Direclor. 0r in the event that the Direclor elects, in lieu of sudr substitution, to have, supplied,
and to relain and use, any such invenlion, process, equipment, article, matenals, supplies, or appliances, as may
by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay
such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its ofllcers,
agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials,
supplies, or appliances without being dislurbed or in way interfered with by any proceeding in law or equrty on
acmunt thereof, Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required,
0r to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid,
then in thal event the Director shall have the right to make sudl substitution, or the c y may pay such royalties
and secure such licenses and charge the cost thereof against any money due the contractor fom the city, or
recover the amount thereof from him/her and his/her surety, notwlhstanding final payment under this Conkact
may have been made.
807
8.08
IEND 0F ARTTCLEI
ARTICLE 9 - SUBMITTALS
9,01 GENEML
A. The Contraclor shallsubmit samples, drawings, and data for he Direclois appovalwhich demonstEte
fully that the mnstruction, and the materials and Euipment to be fumished will comply with lhe
provisions and intent of the Drawings and Specifications.
B. Specific items to be covered by the submittals shall include, as a minimum, the following:
1. For slructures, submit all shop, setting, equipment, miscellaneous ion and reinforcement
drawings and schedules necessary.
2, For conduits, submit a detailed layout of the conduit with details of bends and fabricated
specials and fumish any other details necessary, Show location of shop and field welds.
3. For equipment whict requires electrical service, submit detailed information lo show power
supply requirements, wiring diagrams, conirol and pmtection schematics, shop test data,
operation and maintenance pmcedures, outline drawings, and manufacture/s
recomrnendation of the interface/interlock among the equipment.
4. For mechanical equipment submit all data pertinent to the installalion and maintenance of
the equipment including shop drawings, manufacture/s recommended installation
procedure, detailed installation drawings, test data and curves, maintenan@ manuals, and
other details necessary.
5. Samples
6. Colors
7. Substitutions
L Manuals
9. As-built drawings
10. Safety plans required by Article 10
9.02 PRODUCTHANDLING
A, Submittals shall be mmpanied by a letter of transmihlal and shall be in strict mrdance with the
provisions of this Article.
B. Submit priority of processing when appropriate.
9.03 SCHEDULEOFSUBMITTALS
A. The Contrac{or shall prepare and submit a sciedule of submittals. The schedule of submittals shall be
in the form of a submittal log. Refer to Paragraph 9.12.
9.04 SHOP DMWINGS
A. All shop drawings shall be poduced to a scale sufflciently large to show all pertinent features of the
item and its method of mnnec$on to the Work.
B. All shop drawing prints shall be made in blue or black line on white backgmund. Reproductions of
City/Contrac{ Drawings are not acceptable.
C. The overall dimensions of erch drawing submitled to the Director shall be equal to one of the Crty's
standard sheet sizes as listed below. The title block shall be located in the lou/er right hand comer of
each drawing and shall be dear of all line Wo*, dimensions, details, and notes,
Sheet Sizes
Heioht X Width
11. X81t2'
11. X17'
24'X 36.fi'x4t
9.05 CoLORS
Unless the precise color and pattem are specified elsewhere, submit ffiurate mlor dlarts and paflem charts to
the Director for his/her review and selection whenever a choice of color or patlem is available in a specrfied
pmduct. Label each dart naming the source, he poposed location ol use on the project, and the poject.
9.06 MANUFACTURERS'LITEMTURE
Where mnlents of submitted literature from manufaclurers includes data not pertinent to the submittal, clearly
show which podions of the contenls are being submitted for review.
9.07 SUBSTITUTIONS
A. The Contract is based on lhe materials, equipmenl, and methods described in the Conlract Documenls,
Any Contraclor poposed substitutions are subjecl to the Direclor,s approval.
The Direc{or will consider pmposals Ior substitution oI materials, equipment, and methods only when
such proposals are accompanied by full and complete technical data, and all other infomation,
including life cyde maintenance data, required by the Director to evaluate the pmposed sub6ttution.
B. Any requests for substilutions by the Conlractor must be made within forty-five (45) calendardays from
the lssuance Date on the Notice to Proceed. Othenrvise, such requests wll not be mnsidered.
C. Trade names and 'or approved equal' provision as set forth in paragraph 9.03.
9.08 MANUALS
A. When manuals are requircd to be submitted covering rlems included in this Wo*, prepare and submit
sud) manuals in approximately &1/2'X 11'formal in durable plastic binders. ln addition, manuals
shall be submitted in eleclmnic format. Manuals shall conlain at least the following:
1. Identification on, or readable through, the fronl cover stating general nature of the manual,
2. Neatly typewritten index near the front of the manual, fumishing immediate inlormation as to
location in the manual of all emergency data regarding the installation.
3. Complete instructions regarding opention and maintenance of all equipment involved.
4, Complete nomenclature of all replaceable parts, their parl numbers, cunent cost, and name
and address of nearest vendor of parts.
5. Copy of all guarantees and wananlres issued.
6. Copy of drawings with all data concemtng changes made during mnstruction.
B. Where contents of manuals include manufacturers' calalog pages, clearly indicate the precise items
included in this installation and delete, or othenmse clearly indicate, all manufaclurers' data with which
this installation is not concemed.
9.09 AS.BUILT DMWINGS
A. When rquired to be submitted covering items included in this Work, the Contractor shall deliver to the
City one mmplete set offinalAs-Built hard copy drawings together with a set of AutoCAD drawing files
in electmnic format showing mmpleted building, 'as-builf for C y records before the Contracl will be
accepted by the CitY.
B, The drawings shall be duplitates and at the same size and dimensional scale as the originals. They
shall be on i plyestertranslucent base matenal with a minimum sheet thickness of .003 inch (.08mm).
C. The legibility and contrast ol each drawlng submitted to the City shall be such that every line, number,
le1er, ind character is clearly readable in a full size blow back ftom a 35 mm micofilm negative of lhe
drawing.
9,10 SUBMITTALSQUANTITIES
A. Submit seven (4 copies of alldata and drawrngs unless specified otheMise
B. Submit all samples, unless specfied othenrvise, in the quantity to be retumed, plus two, which wll be
retained by the Director.
9.11 IDENTIFICATION OF SUBMITTALS
Completely identiry each submittal and rssubmittal by showing at least the following information:
A. Name and address of submrtter, plus name and telephone number of the individual who may be
contacted for further informatton.
B. Name of poject as it appears in the Contract Documents and Specification No
C. Drawing number and Specifications section number other than this sectron 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 SCHEDULEOFSUBMITTALS
A. Submit inilial sc+ledule of submittals within five (5) Working Days afrer the lssuance Dale on Notice to
Proceed.
B. Submit revised schedule of submittals within five (5) Working Days after date of request fom the
Director.
C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable
or not acceptable within five (5) Working Days alter receipt.
9,,I3 COORDINATION OF SUBMITTALS
A. Prior to submittal for the Director's review, use all means necessary to fully coordinate all material,
including the following procedures:
1. Determine and verify all field dimensions and conditions, materials, c€lalog numbers, and similar
data.
2. Coordinate as required with all trades and with all public agencies involved.
3. Seotre all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Clearly indicate all deviations ftom lhe Specifications.
B. Unless olherwise specifically permitted by the Direclor, make all submittals in gmups mntaining all
associated ilems; the Director may rejecl partial submitlals as not complying with the provisions of the
Specifications.
9.14 TIMING FOR SUBMITTALS
A. Make allsubmrttals far enough in advance of scheduled dates of installation to provide all required time
for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing
orders and securing delivery.
B. ln scheduling, allow at least 15 Working Days for the Direc{o/s review, plus the transit time to and from
the Crty office.
C. Manuals shall be submitted prior lo performing functional tests.
9.,I5 APPROVAL BY CIry
A. Up lo three (3) copies of each submittal, except manuals, schedule of costs for progress payments,
and as-buih drawngs will be retumed to the Contrac{or marked'No Exceptions Taken,;'Make
Coneclions Noted - Do Not Resubmrt," or'Make Coneclions Noted - Resubmit." Manuals, schedule of
costs, and as-built drawings will be retumed for re-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, it will be marked to indicate what is unsalisfactory,
D. Resubmit revised drawings or data as indicated, in five (S) mpies.
E. Approval of each submittal by tire Director will be general only and shall not be construed as:
1. Permitting any depa(ures from the Specmcations requirements.
2. Relieving the Contractor of the responsibility for any enors and omissions in delails, dimensions,
or of olher nature that may exist.
3. Approving deparlures lrom addffonal details or instructions previously fumished by the Director.
9.16 CHANGES TO APPROVED SUBMITTALS
A. A r+submittal is required for any proposed change to an approved submittal, Changes which require
r+submittal include, but are not necessarily limiled to, drawing revisions, changes in materials and
equipment, installation prccedures and test dala. All re-submittals shall include an explanation of the
necessity for the change.
B. Minor mneclions to an appoved submitlal may be accomplished by submitling a "Conected Copy".
IEND OF ARTTCLEI
ARTICLE 10 - SAFETY
,IO.O1 PROTECTION OF PERSONSAND PROPERTY
10.02 PROTECTION FROM HAZARDS
Crntractois Responsibility: Notwithstanding any other provision of the Contract Documents, lhe
Conlractor shall be solely and completely responsible for mnditions of the iob site, including safety of
all pemons and property, during performance of the Work. This rEuirement willapply ontinuously and
will not be limited to normal rrvo*ing hours. Safety and sanitary provisions shallconform to all applicable
Federal, Slate, County, and local laws, regulations, ordinances, standards, and codes, Where any of
these are in conflict, the more stringent requirement shall be follorrved.
Sanitary Facilities. The Contractor shall fumish and maintain sanitary facilities by the worksiles for the
entire mnstruclion period.
Proteclron of the Public. The contractor shall take such step6 and precautions as his/irer operations
wanant to protect the public lrom danger, loss of life, loss of property or intenuption of public services.
Unforeseen conditions may arise which will require that immediate provisions be made to protect the
public from danger or loss, or damage to life and poperty, due direcfly or indireclly to prosecution of
work under this contract. Whenever, in the opinion of the Direclor, a condilion exsts which the
Contractor has not taken sufficient precaution of public safety, protection of utilities and/or prolection of
adjacent slructures or property, the Director will order the Contraclor to provide a remedy for the
condition. lf the contraclor fails to act on lhe situation wrthin a reasonable tirne period as determined
by the Director, or in the evenl of an emergency situation, the Director may pmvide suitable protection
by causing such work to be done and material to be fumished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and expense of all repairs (including labor and materials)
as are deemed necessary, shall be bome by the Contraclor. All expenses inatned by the City for
emergency repairs will be deducted from the final payment due lo the Contraclor.
B
c
B
Trench Excavation
Excavation for any trench lour (4) leet or more in depth shall not begin until the contractor has received
approval from the Director of the Contraclo/s detailed plan for worker protection fmm the hazards of
caving ground during the excavation of such trench. Such plan shall show the details of the design of
shoring, bracing, sloping or other provislons lo be made for worker proteclion during such excavation.
No such plan shall allowthe use of shoring, sloping or protective system less effective than that required
by lhe Construclion Safety Orders of the Division of Occupational Safety and Health, and if such plan
varies from the shonng system standards eslablished by the Construction Safety Orders, the plan shall
be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State
of Califomia.
Conlined Spaces
contractor shall comply wilh all of the provisions of General lndustry safety orders of the califomia
Code of Regulations. Entry of a confined space shall not be allo,,ved until the Contractor has received
approvalfrom the Director of the Contracto/s program for mnfined space entry. Confined space means
a space that (1) ls large enough and so configured that an employee can bodiry enter and perform
assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3)
ls not designed for continuous employee occupancy. Failure to submit a confined space entry program
may result in aclions as provided in Article 5: 'Suspension or Temination of Conlracl."
C. MaterialSafety Data Sheet
Contractor shall comply with all of the provisions of General lndustry Safety Orders of the Caltfomia
Administrative Code. The Contractor shall submft to the Direclor a Material Safety Data Sheet (MSDS)
for each hazardous subslance proposed to be used, ten (10)days prior to thedelivery ofsuch materials
to the job site or use of such malenals at a manufactunng dant where the Direclor is to perform an
inspection. For materials rvhich are to be tested in City laboratories, the MSDS shall be submitted with
the sample(s), Hazardous substance is defined as any substance rnduded in the list (Direclo/s List)
of hazardous substances prepared by the Director, Califomia Department of lndustrial Relations,
pursuant to Labor fude Section 6382, Failure to submit an MSDS for any hazardous substance may
result in aclions as provided in Article 5, 'Suspension or Termination of Contract'.
10.03 DIFFERING SITE CONDITIONS
A. Differino Site Conditions Defined. The Contraclor shall promptly, and before such cond ions are
disturbed, notify the Director in writing of any Diffenng Site Conditions. Differing Site Conditions are
those conditions,located at the poect sile or in exsting improvements and nototherwise ascertainable
by Contractor though the exercise of due diligence in the performance of its inspection obligations in
the Contract Documents, encounlered by Contractor in diggirE trenches or other excavations(s) that
extend deeper than four feet below the surface of the ground that constitute:
'1 , Material that the Contraclor believes may be material that is hazardous waste as defined in Seclion
25117 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 provisions of existing law.
2. Subsurlace or latent physicalmnditions at the site differing materially from those indicated in these
Contracl Documents.
3. Unknom physical condrtions at the srte, of any unusual nature, different matenally from those
ordinarily encountered and generally recognized as inherent in Work of the character provided for
in these Contract Documents.
B. Notice bv Contraclor. ll lhe Contractor encounteIs conditions it believes constitute Differing Site
Conditions, then notice of such conditions shall, before sudr conditions are disturbed, be promptly
reported to the Direclor followed within twentyJour (24) hours by a furlher written notice stating a
detalled description of the conditions encountered.
C. The Director will promptly investigate the conditions and lf he/she linds that such mnditrons do
materially differ, or do involve hazardous waste, and do cause an increase or decrease in the
Contracto/s cost ol, or time required for, prformance of any part of the Work under this Conlract, an
equrtable adjustment will be made, as determined by the Director.
D. Chanoe Order Reouest. lf Contractor intends to seek an adjustment to the Contracl Sum or Contracl
Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative
to such conditions, submit a Change Order Request sening fodh a detailed cost breakdown and Time
lmpact Analysis, in the form required by A cle 6 of these General Condrtions, of the additional
Allowable Costs and Excusable Delay resulting from such Difiering Site Conditions.
E. Failure to Comolv. Failure by Contractor to strictly comply with the requirements oI this Paragraph
1().03 conceming the timing and content of any notice of Diflering Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiver ofany nght by the Contractor for an adjustment in the Contract Sum or Contret Time by reason
of such conditions.
F. Final Comoletion , No claim by the Contraclor for addiiional compensation for Difiering Site Conditions
shall be allowed if asserted afler Final Payment.
G. ln lhe event of disagreement befureen he Contractor and the Director whether lhe conditions do
materially differorwhether a hazardous waste is involved or whetherthe conditions cause an increase
or decrease in the Contracto/s cost of, or time required for, performance of any part ol the Work, the
Contractor shall not be excused from any mmpletion date required by the Contracl, but shall poceed
with all Work lo be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requiremenb of, this
Contractwhich pertain to the resolution ol disputes and protests.
l, Contractor Resoonsibilitv. Except as olherwise provided in this Paragraph 10.03 for Differing Site
Conditions, Contraclor agrees to solely bear the risk of addrtional cost and Delay due to concealed or
unknown mnditions, surface orsubsurface, at the Site or in Existing lmprovements, without adjustment
to the Contracl Sum or Contac{ Time.
10.04 TMFFICREGULATION
A. During lhe performance of the Wo* the Conlractor shall erecl and maintain necessary temporary
fences, bridges, railings, lights, signals, baniers, or other safeguads as shall be appropriaie under the
circumslance in his/her judgment for the prevention of accidents; and he/she shall take other
precautions as necessary for public safety induding, but not limited to, ffic control. Traffc control
shall be conducted in accordance with the latest edition of the Work Area Traffic Contol ('WATCH")
handbook, published by BNi Books, and as directed aM approved by the City Trafiic and
Transportation Administralor.
B. Contractor shall submit al least ten (10) Working Days prior to Work a detailed traffic conlrol plan, that
is apEoved by all agenoes having jurisdiction and that conforms to all rEuiremenls of the
Specifications.
No changes or deviations from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Traffic and
Transportation Administrator and all agencies having jurisdiction.
Contractor shall immediately notify the Director, the City Trafiic and Transportation Administrator and
the agencies having jurisdiction of omrnences that necessitate modification of the appoved traffic
controlplan,
D. Contraclo/s failure to comply with this povision may result in aclions as povided in Article 5:
"Suspension or Temination of Contracl" ol these Geneml Conditions.
10.05 TMFFIC CONTROL DEVICES
A. Traffic signs, flashing lights, banicades and other traffic safety devices used to control traffic shall
conform to the requirements of the WATCH handbook or the manual of lraffc mntol, whidrever is
more stringent, and as approved by lhe City Traffic and Transportation Administrator.
1. Podable signals shall nol be used unless permission is given in writing by the agency having
.iurisdiclion.
2. Waming signs used lor nighttime mnditions shall be reflectorized or illuminated. 'Reflectorized
signs" shall have a refleclonzed background and shall mnform to the curenl State of Califomia
Department of Transportalion speciflcation for reflective sheeting on highway signs.
B. lf the Contractor fails lo provide and install any of the signs or traffic control devices required herby or
ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others,
charge the msts therefore againsl the Contractor, and deducl lhe same from the next pogress
payment.
10.06 EXECUTION
A. The Contraclor shall provide Mitten notffication to the Police Department at the address below:
B
L
D
Police Chief fuithonY Miranda
Vemon Police Depadment
4305 Santa Fe Avenue
Vemon, CA 9fl)5E
Notification shall be sent at le6t two (2) $/eeks prior lo the beginning of construclion at any parlicllar
location. Notmcation will include the specific location, project dates, what lanes of the roadway will be
closed and when. Also the construction project manage/s name and business phone number and the
construction inspecto/s name and business phone number
The Contractor shall notrfy, by telephone, the Police Department, (323) 587-5171 at the completion ol
any posting of temporary no parking signs. Notitication will include the times, dates and locations of
lhe posting. When vehicles must be towed for violation of temporary no parking signs' the person who
actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinenl
questions thal may be asked by the parking enforcement olficer or police officer towing the vehicles.
The Contraclor shall notify he Vemon Fire Department, on a dailY basis during the entire period that
mnstruction is in progress whenever roadways are reduced in width or blocked Notification shall be
made lo the Fire Dispatch (323) 5834821 and the Contractor shall provide the information required to
identify which roadways would have accessibility problems due to his/her operations The Conlractor
shall submit to Fire Department schedule of Work for their use and liles.
Roads subject to inlerfecnce from the Work mvered by this Contract shall be kept opn, and the
fences subject to interference shall be kept up by the Contractor until the Work is finished Except
where public roads have been approved for closure, traffic shall be permitted to pass through
designated tratfic lanes with as little inconvenience and delay as possible.
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 traffic seclion. The maximum delay time shall be approved
by the agency having jurisdiction.
Contractor shall install temporary traffic markings where required to direcl the flow of tralfic and shall
maintain the traffic markings forthe duralion ofneed, Contractor shallremove the markings by abrasive
blasting when no longer rEUired.
Convenient access to driveways and buildings in the vicinity ol Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and
kept in good condition.
E.
F.
G
H. When leaving a Work area and enlering a roadway canying public traffic, the Contraclo/s Euipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contractor shall provide flaggers to control traffic where requhed by the approved traffic contol plan.
1. Flaggers shall perlorm their dutres and shall be provided wilh the necessary equipment in
accordance with the cunent 'lnstructions to Flaggers' of the Calilomia Departmeni of
Transportation.
2. Flaggers shall be employed fulltime on traffic control and shall have no other duties.
10,08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Reler to City of Vemon lor requirements for building or access road safety improvements thal lhe Contraclor
shall construct during construction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of the Contractor.
IEND OF ART|CLEI
ARTICTE 11 .INDEMNITY
11.01 TNDEMNtry
To the maximum exlent permitted by law, the Contraclor shallfully 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, dlmage, mst, judgment,
settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (iniluding ahy iees of
accountanls, attomeys, experls orother pofessionals, and costs of investigation, mediation, arbitration, litigation
and appeal), in law or in equity, of every kind and nature whatsoever, ansing out of or in conneclion with, re;u[ing
from or relaled to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents,
employees, Subcontractors, SutsSubcontractors, design consuhants or any person for whose acts any oithem
may be liable, regardless of whelher such claim, suit or demand is caused, or alleged to be caused, in part, by
an lndemnitee, including but not limiled to:
A, Bodily injury, emotional injury, sickness or disease, or death lo any persons;
B. Infringement of any patent nghts, licenses, copyrights or intelleclual poperty which may be brought
against the Contractor or City arising out of Crntractor's Work, for which lhe Contractor isresponsib-le;
C Stop notices and claims for labor performed or materials used or fumished to be used in the Work,
including all incidental or consequential damages resulting to City from such stop notices and claims;
D. Failure of Contractor or its Subcontractors to comply with lhe provisions for insurance;
E. Failure to mmply with any Govemmenlal Approvalor similar authonzation or order;
F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document
fumished by the Contractor in mnnection therewith;
G. Breach of any duty, obligation, or requirement under lhe Contract Documents;
H. Failure to provide notice to any Party as required under lhe Contract Documents;
l, Failure to protect the property of any utiltty provider or adjacent property owner; 0r
J. Failure to make payment of all employee benelits.
This indemnity provision is efiectrve regardless ol any prior, concurent, or subsequent active or passive
negligence by lndemnitees, except that, to the limited extent mandated by Califomia Civil Code Section 2782,
thJContrrctor shall not be responsible for liabilities which arise from the sole negligence orwillful misconduct ol
lndemnitees or arise from the aclive negligence of City.
11,02 ENFORCEI\4ENT
Contractor's obligations under this Artide extend io claims occuning after termination of the Contracto/s
performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any aclual or
alleged negligent act or omission of lndemnitees. Contractor, however, shall not be obligated under this
Agreemenio inOemnfy an lndemnilee for daims arising from the sole active negligence or willlul miscondrct of
th; lndemnitee or independent contractors who are directly responsible to lndemnitees. Contractot's obligations
under this Article are in addition to any other rights or remedies which the lndemnilees may have under the law
or under the funtract Documents. ln the evenl of any claim, suit or demand made against any lndemnitees, the
City may in s sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for
the purpose of resolving such claims; povided, however, that the City may release such funds ifthe Conlractor
provides the City with reasonable assurance of protection of the City's inlerests. The Crty shall in its sole
discretion determine whether such assurances are reasonable
1 1,03 NO LII/ITATIONS
Conlracto/s indemnilication and defense obligations set Iorth in this Artrcle are separate and independent from
the insurance provisions set forth in Art'rcle 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an
emp'loyee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acls they may be liable, the Contracto/s indemnification and defense obligations shall not be limited by
a limitation on amounl or type of damages, mmpensation, or benefits payable by or for the Contractor 0r a
Subcontractor under \lorkers' compensation acts, disability benefits acts, or other employee beneftts acts.
[END OF ARIICLE]
ARTICLE 12 - INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall nol @mmence Work under this Contract until Confactor has obtained all insurance required
hereunder from a company or companies rcceplable to City, nor shall the Contractor allow any Subconkactor
to mmmence Work on a subcontract until all insurance required of said Subcontrac{or has been obtained. Proof
of insurance including insurance certrlicates and endoBemenls as set forlh in Exhibit 4 must be submitted by
the Conlractor prior lo the City's exeoltion of the Contracl.
12.02 MINIMUMCOVERAGEANDLIMITS
Contraclor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSUMNCE COVEMGE AND LIMITS
City and Conlractor agree as follows:
A. All insurance mverage and limits provided pursuant lo the Contract Documents shall apply to the full
extent ol the plicies involved, available or applicable. Nothing mntained in the Contraci Documents
or any other agreement relating to City or its operations limits the application of such insurance
mverage.
B None of the policies I'EUired by this Contract shall be in compliance with these rEuirements if they
include any limiting endorsement that has not been first submitted to City and appmved in writing by
the City Anomey or City's Risk Manager.
12.U INSUMNCE OBLIGATION IS SEPAMTE FROM INDEMNITY OBLIGATION
This Agreement's insurance pmvisions:A. Are separate and independent ftom the indemnification and defense provisions in Article 12 ol the
Agreement; and
B, Do not limil, in any way, the applicability, scope, or obligations of lhe indemnification and defense
provisions in Article 12 ol the Agreement
IEND OF ARTTCLEI
ARTICLE 13 - BONDS
13.01 REOUIREDBONDS
A, Contretor shall fumish the following bonds:
1 . A Performance Bond in an amount Eual to one hundred percent (100%) of the total Contract price
in the form shown in Exhibit '1' attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) ol the
total Contracl price in the form shown in Exhibit'2' attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) ol the total Contract price in the
form shown in Exhibit "3" attached hereto.
13,02 POWEROFATTORNEY
All bonds shall be acmmpanied by a power of attorney from the surety company authorizing th-e person
executing the bond to sign on behatf of the company. lf the bonds are executed outside the State of Califomia,
all copiei of the bonds mlst be muntersigned by a Califomia represenlative of the surety. The signature of the
person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the
person designated in the power of atlomey.
13.03 APPROVEDSURETY
All bonds must be issued by a Califomia admined surety insurer with the minimum A.M Best Company
Financial strength rating of 'A; Vll", or better. Bonds issued by a Calilomia admitted surety not listed on
Treasury Circuiar 570 witl be deemed accepted unless speciflcally relected by lhe City. Bonds issued from
admittei surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in
'California
Code of Civil Procedure Section 995.660. All such bonds must be accompanied by
a power of attomey from the surety mmpany authorizing the person executing the bond to sign on behalf of
the company. lf t'he bonds are executed outside the State of Califomia, all copies of the bonds must be
countersign;d by a Califomia representative of the surety. The signature of the person executing the.bond
on behaliof Surety must be acknowledged by a Notary Public as lhe signature of the person designated in
lhe power of attorney.
,13,OI REQUIREDPROVISIONS
Every bond must display the surety's bond number and inmrporate the Contract for construction ofthe Work by
reference. The terms ol the bonds shall povide that the surety agrees thal no change, extension of lime,
alteration, or moditication of the Contract Documents or the Work to be performed thereunder shall in any way
affect rts obligations and shallwaive notice of any such change, e(ension of time, atleration, or modification of
the Contract Documents.
13,05 NEWORADDITIONALSURETIES
lf, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or bemme non-
responsible o
Contractor sh
Contract may
5 herein.
13.06 WAIVER OF MODIFICATIONS AND ALTEMTIONS
No modifications or alterations made in lhe Work to be perlormed underthe Conlract orthe time of performance
shall operate to release any surety from liabil y on any bond or bonds requircd to be given herein. Notrce of
such events shall be waived by the surety.
13.07 APPROVALOFBONDS
The Contracl will not be executed by City nor the Notice to Proceed issued until the required bonds have been
received and appmved by Ctty. Ctt/s decision as to the acceptability of all sureties and bonds is final. No
substilution of the form of the documents will be permitted without the prior written mnsent of City,
IEND OF ART|CLEI
ARTICTE 14 - LABOR PROYISIONS
Work or aclivity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m, No construction
noise shall be permitted between lhe hours of 7:00 p.m. and 7:00 a.m. ofthe next day.
Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent ofthe Director and is subjecl to Cost of Overtime Construction lnspec{ion.
Nighl, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal
hoiidays lo wit: New Yea/s Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day,
lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the
Director, and accordance with such regulations as he/she shall furnish in writing. Belore perlorming
any work at said times, except work pe(aining to the public salety, the conlractor shall oive written
noiice to the Director so that proper inspection may be provided. "Night" as used in this paragraph
shall be deemed lo include the hours from 7:00 P.M. to 7:00 A.M of the next succeeding day
14 02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
14.01 WORKING HOURS
14,03 COMPLIANCE WITH STAIE LABOR CODE
overtime constructlon work performed at the option of, or for the convenience of, the contractor will
be inspected by the city at the expense of the contractor. For any such overtime beyond the regular
&hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined
by the City, and submrtted to the Contraclor for payment.
Equipment, malerials, or services provided by the city, in connection with conlrac{or-initiated overtime
mnstruction work described in Paragraph 14.02(A), will also be at the expense of the contractor. The
charges will be determined by the City, and submitted to the Contractor for payment.
There wrll be no charges to the Contractor for the inspection of overtime Work ordered by the Director
or required by lhe Contract Documenls.
B
C
B
C
contractor shall comply with the provisions of the Labor code of the State of california and any
amendments thereof.
1. The lime of service of any worker employed upon the work shall be limited and restricted to eight
(8) hours during any onecalendar day, and 40 hours during any one+alendar '*eek
2. Work performed by employees of the Contractor in excess of eight (8) hours perday, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excels of eight (8) hours per day at not less than one and on+hatl times the basic rate of pay
3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and erch calendar week by each vorker emdoyed by
him/her in conneclion with the Work; the remrd shall be kept open at all reasonable hours to the
inspection ofthe City and to the Division of Labor Standards Enforcement ofthe State of California.
4. ln the event City deems Contractor is in violation of this Paragraph 14.03, the Contcc{or shall, as
a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the conlract
by the Contractor or by any Subcontrac{or for each calendar day for wtrich lhe employee was
underpaid in addition to an amount suffcient to recover underpaid wages, For erch subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amounl suffcient to mver
underpaid wages. This subparagraph is efiective to the extent it does not direc{y mnflict with the
overtime penalty provision of Califomia Labor Code Seclion 558. ln the event of such onflicl, the
Califomia Labor Code govems over this Paragraph 14.03(AX4),
14.U WAGE MTES
A. Prevailing Wages
1. Contractor shall omply with he general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed,
for eadl craft, classificatton, or type of worker needed lo execute the Contrac{. The Director ol
the Department of lndustrial Relations of lhe State of Califomia (pursuant to California Labor
Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have
determined the general prevailing rates ol wages in the locality in which the Work is to be
performed. The rates are available online at w$,w.dir.ca.qo\r/DLsR/HMy. To the extent that
there are any differences in the federal and state prevailing wage rates for similar classifications
of labor, the Contractor and its Submntractors shall pay the highest wage rate.
2. The Contraclor shall post a copy of the general prevailing rate of per diem wages at the job site.
3. The Contraclor and any Subcontractor under him/her shall pay not less than the specified
prevailing rate of wages to all workers employed in the executron of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the colledive
bargaining Contracl applicable to the particularcraft, classification, or lype of worker employed on
the poject.
5. The Contractor shall, as a penalty to the State or the City, forleit nol more lhan Frfty Dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The difference between the prevailing wage rates and the
amount paid to each trrcrker for each calendar day or portion thereof for which such wo*er was
paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.
6. The specified wage rates are minimum rates only and the City will not consider and shall not be
liable for any claims for additional compensation made by the Contractor because of paymenl
by him/her of any wage rate in excess of lhe general prevailing rates. All disputes in regard to
the payment of wages in excess of those specified herein shall be adjusted by the Contraitor at
his/her own expense.
B. PayrollRecords
1. Pursuant to Caliromia Labor Code Section 1r/6, the Contractor and each Subcontractor shall
keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each joumeyman, apprentice, worker or other employee employed in
connection with the Work. The paymll records shall be certified and shall be available for
inspeclion.
2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in
location and address.
3. Upon request by the Director, the Contraclor shall provide a copy of the certified payroll remrds
along with a statement of compliance.
,I4.05 APPRENTICESHIPSTANDARDS
A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the joumeyman
hours to be performed under the Contract, the number of apprentices to be employed, and
the approximale dates the apprentices will be employed Use Form DAS-140 from the State
Deparlment ol lndustrial Relations. The City reserves the right to require Contractor and
Subcontractors to submit a copy of said lorms to the City
2, Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice
work for every five (5) hours or labor performed by a joumeyman, To request dispatch of
apprentices, use Form DASI42 from the State Department of lnduslrial Relalions The
City reserves the right lo require Contractor and Subcontractors to submit a mpy of said
forms to lhe City.
3. Pay the apprentice rate on public works prqects only to those apprentices who are
registered, as defined in Labor Code Section 3077
4. Contribute to the training fund in the amount idenlified in the Prevailing Wage Rate
publication for journeyman and apprentices. Contraclors who choose not to contribute to
ihe local training trust fund must make their contnbutions to the California Apprenticeship
Council, P.O. Box 420603, San Francism, CA 94142
B. Failure to omply with the provisions of Califomia Labor Code Section 1717.5 may result in the loss
of the right to bid or perform uork on all public works prolects for a period of one to three years and,
the impisition of a civil penalty of One Hundred Dolla6 ($100.00) for each calendar day of
noncompliance for the lirst 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 separale
copy of this malerial lor each of his/her Subcontractors.
c, Payroll Records. The contractor and each subconlractor shall keep an accurate payoll record,
showing the name, address, social security number, work classifcation, straight time and overtime
hours worked each day and week, and lhe actual per diem wages paid to each ioumeyman
apprentice, worker or other employee employed in connection with the work The payroll records
shall be certifled and shall be submitted to the Proiect Manager every two weeks.
D. Statement of Employer Fringe Benelit Payments. Wthin 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 for each Contractor and Subcontractor
of any tier who pays benefits to a third party trust, plan or lund Ior health and welfare benefits,
vacalion tunds or makes pension contributions. The form must contain, for each worker
classiflcation, the lund, plan or trust name, address, administrator, the amounl per hour conlributed
and the frequency of contributions. Training fund contributions shall also be reported in this form.
Cily reserves lhe right to require Contraclors and Subcontractors to submit a mpy of said forms to
the City.
14.06 EMPLOYMENTOFAPPRENTICES
A. ln the performance of this Contract, the Conkactor and any Subconkactor shall mmply with the
provisions conceming lhe employment of apprentices in the Labor Code of the State of Califomia
and any amendments thereof.
B, ln the event the Contractor or any Subconkaclor wiltfully fails to mmply with the aforesaid provisions
of the Labor Code, such Contractor or Subcontractor shall be subject to the penallies for
noncompliance in the Labor Code of the State of Califomia and any amendmenls thereof.
14.07 REGISTMTION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS
ln the performance of lhis Contract, Conlractor and/or any Subcontractor must be cunently registered and
qualffied (including payment of any required Iee) with the State Department of lndustrial Relations pursuant
to Labor Code section 1725.5, This projec{ is subiect to compliance monitoring and enforcement by the State
Department of lndustrial Relations,
14.08 CHAMCTER OF WORKERS
The Conlractorshall not allow his/her agents oremployees, Subcontractors, orany agent oremployee thereof,
to trespass on premises or lands in lhe vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requiring special qualifications, and when required by lhe Director, the Contractor shall
discharge any person who commits trespass, or in the opinion ofthe Director, ac{s in a disorderly, dangerous,
insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing
or having intoxicating Iiquors or controlled substances on the Work shall be discharged. Such discharge shall
not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and
employees.
14,09 NO SMOKING - STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representalives, and any person under
Contractor's control, are prohibited from smoking in- or within a 20{oot distance from- the Site, which is a
'place of employment' under Califomia Labor Code g 6404.5.
[END 0F ARTTCLE]
ARTICLE 15 - DISPUTE RESOLUTION
15,01 SUBMISSION OF CLAII\4S
c
By Contractor
Contracto/s right to mmmence the Claims Dispute Resolution Process shall arise upon the Directo/s
written response denying all or pad of a Claim. Contractor shall submil a written Slatement of Dispute
to the Director within seven (7) Days afler the Director rejects all or a portion of Contractor's Claim,
Contractor's Statement ol Dispute shall be signed under penalty of perlury and shall state with
specificity the events or circumstances giving rise lo the Claim, the dates of their occunence and the
effecl, il any, on thecompensation due or performance obligations of Contraclor under the Construction
Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the
disputed Claim. AdEuate supporting dala for a Claim relating lo the adjustment of the Contractor's
obligations relative to lime of performance shall include a detailed, event-by€vent descnption of the
impacl of each delay on Contracto/s time for performance. Adequale supprting data to a Statement
of Dispute submitted by frntraclor involving Conlraclo/s compensation shall Include a detailed mst
breakdown and supporting cost data in such form and ircluding such detailed information and other
supporling data as required to demonstrate the grounds for, and precise amount of, the Claim.
By City
City's right to commence the Claims Dispule Resolution Process shall arise at any time following the
City's actual discovery ol the circumstances giving rise to lhe Claim. Nothing contained herein shall
preclude City from asserting Claims in response to a Claim asserled by Conkactor. A Statement of
Dispute submrtted by City shall state the events or circumstances giving nse to the Claim, the dates of
their occunence and the damages or other relief claimed by City as a result ol such events.
Claims Defined
The lerm 'daims'as used herein shall be as defined in Califomia Public Contract Code S 20104(bX2).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below, Each party shall participate fully and in good faith in each step in the Claims Dispule
Resolution Process, wtrich good faith effort shall be a mndition precedent to the right of each party to proceed
to the next slep in the Claims Dispute Resolution Process.
Direct Negotiations
Designaled representatives ol City and Contractor shall meet as soon as pssible (but not later than
ten (10) Days after receipt ol lhe Statemenl of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiations by an authorized representative
with Iull knowledge of the details of lhe Claim or defenses being asserted by sudl party, and with Iull
authonty to resolve such Claim then and there, subjecl only to City's right and obligation to obtain City
Council [or other City ofiicial]approval of any agreed settement or resolution. ln lhe Claim involves the
asserlion of a right or claim by a Subconlractor against Contractor that is in tum being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
negotiations, with the same authority and knowledge as just described. Upon completion of the
meeting, il the Claim is not resolved, the parties may efier mntinue the negotiations or eiher party
may declare negotiations ended. All discussions that occur during such negoliations and all documents
B
preparcd solely for the purpose of sudr negotiations shall be mnfidential and privilqed pursuant to
Califomia Evidence Code Sections 1119 and '1152.
B. Defenal of Claims
Following the comdetion of the nqotations requircd by Paragraph 15.02-A., all unresolved Claims,
except those that do not involve parties other than the Contractor and City, shall be defened pending
Final Completron of the Work, subject to Crt/s right, in its sole and absolute discretion, lo require that
the claims oispute Resolution Process proceed prior to Final Completion. ln the event lhat City does
not elecl to proceed rvith the Claims Dispute Resolution Process prior to Final Complelon of the Wo*,
all Claims that have been defened until such Final Completion shall be mnsolidated within a
reasonable time after such FinalCompletion and thereafler pursued to resolulion pursuanttothe Claims
Dispute Resolution Process. Nolhing contained in this Article 15 shall be interpreted as limiting the
parties' rights to mntinue informal negotiations of Claims that have been defened until such Final
Completton; provided, hov{ever, that sudl informal negotiations shall not be interp{eted as altering the
provisions ofthis Article 15 deferdng linaldetermination and resolution ol unresolved Claims until after
Final Complelion of the Work.
C. Legal Proceedings
lf the Claim is not resolved by direct negotiations then the party wshing to furlher pursue resolution or
determinalion ofthe Claim shallsubmrt the Claim for determination by commencing legal proceedings
in a cou( ol competent jurisdiclion.
15.03 NO WATVER
Participation in the Claims Dispute Resolulion Process shall not constitute a waiver, release or mmpromise of
any defense of etther party, including, withoul limitation, any defense based on lhe assertton that the rights of
Contraclor that are the basis of a Claim uere previously waived by Contractor due to failure to mmply with the
Contract Documents, including, without limitalion, Contractor's failure to comply with any time periods for
providing notices orfor submission or supporting documentation of Claims.
IEND OF ARTTCLEI
ARTICLE 16 - ACCOUNTING RECORDS
16,01 MAINTENANCEOFRECORDS
Contraclor shall keep, and shall include in its conlracts with its Subconlractors, provisions requiring its
Subcontraclors to keep full and detailed books and records in accordance with the requirements of the
Contract Documents, including the following: all information, materials and data of every kind and character
(hard copy, as well as mmputer readable data if it exists), that have any bearing on or pertain to any matters,
rights, duties or obligations relating to the Project or the performance ofthe Work, including, without limitation,
agreements, purchase orders, leases, contracts, commilments, anangements, notes, change orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplaG,
Drawings, Specificalions, invoices, de very tickets, receipts, vouchers, cancelled checks, memoranda;
accounting records; job cosl reports; job cost Iiles (including complete documentalion covering negotiated
settlements); backcharge; general ledgers; documenlation of cash and trade discounts earned; insurance
rebates and dividends, and other documenis relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or olher claims for payment related to the Project asserted by Contractor
or any Subcontractor ("Acmunting Records'). Contractor shall exercise such controls as may be necessary
for proper financial management of the Work Such accounting and control systems shall comply wilh
prevailing custom and practice for similar proiects, be satisfactory to City and shall include preservation of
such records for a period of five (5) years after approval of the Notice ol Completion and Acceptance by City,
or for such longer penod as may be required by applicable laws.
16.02 ACCESSTORECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and ils authorized represenlative(s), auditons, attomeys and accountants, upon
twentyJour (24) hours notice to Contractor, full access lo inspect and mpy all books and recods relating to
the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above
16,03 CONTMCTORNONCOMPLIANCE, WITHHOLDING
Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Contractor against City. ln addition to and without limitation
upon City's other righls and remedies for breach, including any other provisions for withholding set forlh in lhe
Contract Documents, City shall have the right, exercised in its sole discretion, to withhold lrom any payment
to Contraclor due under a cunent Application for Payment an addilional sum ol up to ten percent (10%)ofthe
lotal amount set forlh in such Application lor Payment, unlil Contractor and its Submntractors have complied
w1h any oulstanding and unsatisfied requesl by City under this Aftcle '16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16,04 SPECIFIC ENFORCEMENT BY CITY
Contractor agrees that any failure by Contractor or any Subcontraclor to provide access to its books and
records as required by this Article 16 shall be speciflcally enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court ol competent jurisdiction based on affidavits submitted to such
court and wilhout the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
andior 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 ARIICLE]
ARTICLE I7-MISCELI.ANEOUS PROVISIONS
17.01 COI\,IPLIANCE WITH APPLICABLE LAWS
C
Notices, Compliance
Contractor shall give all notices rEuired by govemmental authorilies and comply with all applicable
laws and lawful orders of govemmental authorities, including but not limited to the provisions of lhe
California Code of Regulations applic€ble to contraclors perlorming mnstruction and all laws,
ordinances, rules, regulalions and lawful ordeG relating to safety, prevailing wage and equal
employment opportunities.
Taxes, Employee Benefi ls
Contractor shall pay at ils own expense, at no cost lo the City and without adjustment to the Contract
Sum, all local, state and federal taxes, including, witrout limitation all sales, consumer, business
license, use and similar taxes on materials, labor or other items fumished for the Work or portions
thereof povided by Conlractor or Subcontractors, all laxes arising out of its operations under the
Contract Documents and all benefits, insurance, taxes and conlributions for social secudty and
unemploymenl insurance which are measured by wages, salaries or other remuneralion paid to
contracto/s employees. lf under federal excise tax law any transaction hereunder constitutes a sale
on which a federal excse lax is imposed and the sale is exempt from such exose tax because rt is a
sale to meat for its exclusive use, then City, upon requesl, will execute documenls necessary to show
that is a political subdivision ofthe state for lhe purposes of such exemption and that the sale is for the
exdusive use of the City, in which case no excise tax for such materials shall be included in the Bid or
Contract Sum.
Notice of Molations
contractor shall immediately nolify the city and Director in miting of any instruclion received from the
City, Direclor, Architect or olher person or entrty that, rf implemented, r^ould cause a violation ol any
applicable law or lawful order of a govemmental authority. lf Contractor lails to provide such notice,
then Direclorshall be entitled to assume that such instruction is in compliance wflh applicable laws and
lawful orders of govemmental authonties. lf Contractor observes that any portion of the Drawings and
specifications or work are at variance with applicable laws or lawfulorders of govemmental authorities,
or should contractor become aware of conditions not covered by the contract Documents which will
resull in Work being at vanance lherewith, Contractorshall promptly notify Director in wnting. lf, without
such nolice to Director, Contractor or any Subconlractor performs any Work which it knew, or through
lhe exercise of reasonable care should have known, was contrary to lawful orders of govemmental
authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no
cost to City and without adJustment to the Contract Sum,
17.02 OWNERSHIP OF DESIGN DOCUMENTS
Property of City
All Design Documents, Contract Documents and Submittals (including, without limitalion, all mpies
lhereoO and all designs and building designs depicted therein are and shall remain the sole and
exclusive property of the City and the City shall solely and exclusively hold alt mpyrights thereto.
Without derogation the City's rights under this Paragraph, the Contractor and Subcontractors are
granted a limited, non€xclusive license, revocable al will of City, to use and reproduce applic€ble
porlions of the Contract Documents and Subm tals as apprcpnate lo and for use in the execution of
the Work and for no other purpose.
B. Documents on Site
Contractor shall keep on the Projecl site, at all times and for use by C[y, Direclor, lnspec{o6 of Record
and City's Consultants, a complete set of the Contract Documents thal have been approved by
applicable Govemmental Authorities.
C, Delivery to City
All Design Documents, Contract Documents and Submittals in the possession of Contractor or
Submnlractors shall be retumed to the City upon the earlier of Final Completion or termination of the
Construc{ion Contract; provided, however, that Contractor and erch Subcontractor shall have the right
to retain one (1) copy of the Contracl Documenls and Submittals for rts permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure lhat a provision is induded in all subcontracts with
Subcontractors, of every tier, wtro perform Work on the Project establishing, protecting and preserving
the, City's rights set forlh in this Paragraph,
17.03 AMENDMENTS
The Contract Documents may be amended only by a writlen 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 of the Contract Documents at any time shall not in any way limil or waive that party's right thereafter
to enforce or compel stnct compliance with every term, covenant, condition or other provision, any course of
dealing or custom of the trade notwithslandrng. Furthermore, if the pa es make and implement any
interpretation of the Contract Documents wlthout documenting such interprelation by an inslrument in wnting
signed by both parties, such interpretation and implementalion thereof will not be binding in the event of any
future disputes.
17,05 INDEPENDENTCONTMCTOR
Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed
as constituttng any relalionship with City other than that of Poject owner and independent contractor. ln no
event shall the relationship between City and Contractor be mnstrued as creating any relalionship whatsoever
between City and Conlracto/s employees. Neither Contractor nor any of its employees is or shall be deemed
to be an employee of City. Except as otheMise specified in the Cofltract DoqJments, Contractor has sole
authority and responsibility to employ, discharge and otheMise control its employees and has complete and
sole responsibility as a principal for its agenls, Ior all Subcontractors and for all olher Persons that Contractor
or any Subcontractor hires to perform or assist in performing the Work.
17.06 SUCCESSORSANDASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and frntractor and their
permitted successors, assigns and legal representatives.
A. City may assign all or part ot its right, title and interest in and to any Contract Documents, including
rights with respect to the Payment and Performance Bonds, to (a) any other govemmental person
as permitted by govemmental rules, provided that the successor or assignee has assumed all of
City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other
Pe6on with the prior written approval of Contractor.
B. Contractor may collaterally assign its rights to receive payment under the Contract Documents.
Contractor may not delegate any of its duties hereunder, except to Subcontraclors as expressly
otherwise permitted in the Contract Documents. Contractods assignment or delegation of any of its
Work under the Conlract Documents shall be ineffective to relieve Contractor of its responsibility for
the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from
responsibility,
Any assignment of money shall be subject to all proper setoffs and withholdings in favor of Cily and
to all deductions provided for in the Contract. All money withheld, whelher assigned or not, shall be
subject to being used by City for completion of the Work, should Contractor be in default.
C. Except for the limiled circumstances set forth in Paragraph 17.06-8, above, Contractor may not,
without the prior rwitten consenl of City in its sole discretion, voluntarily or involuntarily assrgn,
convey, transfer, pledge, mortgage or otheMise encumber its rights or interesls under Ihe Contract
Documents. No partner, ioint venturer, member or shareholder of Contractor may assign, convey,
lransfer, pledge, mortgage or otheMise encumber its ownership interest in Conhactor without the
prior written mnsent of Cily, in City's sole discretion.
17,07 SURVIVAL
Contractor's representations and wananties, the dispute resolution provisions contained in Article 15, and all
other provisions which by their inherent characler should survive termination of the Contract and/or Final
Acceptance, shall survive the termination ofthe Contract and the Final Acceptance Date.
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Conlract Documents to create any lhird party beneficiary
hereunder or to authorize anyone not a party hereto to maintain a suit lor personal injury or property damage
pursuant to the terms or provtsions hereof, except to the extent thal specific provisions (such as lhe waffanty
and indemnity provisions) identily third parties and state that they are entitled to benefrts hereunder, The
duties, obligations and responsibilities of the parlies lo the Contract Documenls with respecl to such third
parties shall remain as imposed by law. The Contret Documents shall not be construed to creale a
contraclual relationship oI any kind between City and a Subconlractor or any other Person except Contractor.
17.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City's aulhonzed representatives are acting solely as agents and representatives of City when carrying out
the provisions of or exercising the power or authority granted to them under the Contract. They shall not be
liable either personally or as employees of city for actions in their ordinary course of employment.
No agent, consultanl, Council member, officer or authorized employee of City, shall be personally responsible
for any liability arising under the Contract
17.10 NOESTOPPEL
City shall not, nor shall any officer lhereof, be precluded or estopped by any measurement, estimate or
cerlificate made or given by the City representative or olher offlcer, agent, or employee of City under any
provisions of the Contracl 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 cerlificate showing lhe true and
conect amount and character of the work done, and materials fumished by Contraclor or any person under
the Contract or from showing at any time that any such measurement, estimate or cerlillcate is untrue and
inconect, or improperly made in any particular, or that the vyErk and matenals, or any part thereof, do not in
fact conlorm to the Contract Documents, Notwilhslanding any such meeNurement, estimate or certifcale, or
payment made in acmrdance lherewith, City shall not be precluded or estopped from recovering fmm
Contractor and its Sureties such damages as City may sustain by reason of Contractor's failure to comPly or
to have complied with the Contract Documents,
17.11 GOVERNING LAW
The laws of the Slate of Califomia govem the construclion and interpretation of the Contract Documenls,
without regard to conflict of law principles. Unless the Contract Documents provide otheMise, any relerence
to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor
legislation. lf Contractor or City brings a lawsuit to enforce or interpret one or more provisions ol the Contracl
Documenls, jurisdiction is in the Superior Court of the County of Los Angeles, Califomia, or where otherv'/lse
appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge
that the Contract Documents were negotiated, entered into, and executed--+nd the Work was performed-jn
the City of Vernon, Calilornia.
17.12 FURTHERASSUMNCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder,
including assurances regarding assignments of Subcontractors contained herein.
17.13 SEVERABILITY
lf any clause, provision, section, paragraph or part of the Contract is ruled invalid by a murt having proper
jurisdiction, then the parties shall: (a) promptly meel and negotiate a substitute for such clause, provision,
section, paragraph or part, which shall, to the greatest exlent legally permissible, effect the original intent ol
the parties, induding an equitable adluslment to the Contract Price to account for any change in the Wo*
resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision
maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide
the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part
shall not affecl the validity or enforceabilily of the balance of the Contract, which shall be construed and
enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paraglaph
or part.
17.14 HEADINGS
The c€ptions ol the sections of the Contract are for convenience only and shall not be deemed part of the
Contracl or considered in mnstruing the Contracl.
17.15 ENTIRE AGREEMENT
The Contract Documents contain the entire undeElanding of the parties with respect to the subject matter
hereof and supersede all prior agreements, underslandings, slalements, representations and negotiations
between the parties with respect to its subject matter.
17.16 COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an onginal, but
all of which together shall constitule one and the same instrument,
lEN0 0F ARTTCLEI
EXHIBIT 1
Bond No :
Premium Amount: $
Bond's Effedive Date:
PERFORMANCE BOND
RECITALS:
1. The City ofVemon, Calilomia ('City), has arvarded to
(Name address and telephone of Contraclor)
('Principal'),
a Contract (the "Contract") for the Work described as follora/s:
Specification No _:in Vemon, CA.
2 Principal is required under the terms ol the Contrac{- and all contract doorments referenced in it ('Contracl Documents'F
to fumish a bond guaranteeing Principal's faihful perlormance of $e Wort.
3. The Contract and Contract Documents, induding all heir amendments and supplemenls, are inmrporated into this Bond and
made a parl of it by this reference.
OBLIGATION:
THEREFoRE, for value received, We, Principal and
(Name, address, and lelephone 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, executors, administrators, successors,
and assigns to pay City the penal sum of
Dollars ($ ) (1he Bonded Sum'), this amount
comprising not less han fte total Contract Sum, in lawful money of the United States of America
The Califomia Licensed Resident Agent for Surety is:
(Name, address. and telephone)
Registered Agent's Califomia Departmenl of lnsurance Li@nse No.
THE CONDITION OF THIS BOND'S oBLIGATIoN lS THAT, if Pnncipal prompUy and faiurtully performs he undertakings, terms,
m\,enants, conditions, and 4reemenb in he Confad ad Confact Documents (induding allheir amendments d supplemnts), a[ wihin
he time and in he manner hat tDse docurnenb spec y, hen his obligation becomes null and voii. oheMise, this BoM remains in full
force and effecl, and he following terms and conditions apply b his Bond:
'1. This Bond specillcally guarantees Principal's performance of each obligation and all obligations under the Contracl and Contract
Documents, as they may be amended and supplemented- including, but not limited to, Principal's liability for liquidated damages,
Wananties, Guarantees, Conection, and Maintenance obligations as specfied in the Conbacl and Contract Documents- except
that Surety's total obligation, as described here, will not exceed he Bonded Sum.
2 For$ose obligations of Principalthat survive FinalCompletion of the Work described in the Confacl and Contracl Documents, he
guarantees in this Bond also suryive Final Completion of he Work.
3 When City declares lhal Princrpal is in default under the Conlracl, or Contract Documents, or both, Surety shall promptly: (a)
remedy he de,ault; (b) complete he Projecl according to be Confad Documents'terms and conditions then in effec{; or (c) using
a procurement methodology approved by City, selecl a confactor orcontractors- acceptable to City- to complele allof he Work,
and arrange for a contracl between the contracto(s) and City Surety shall make available, as the Work progresses, sufficient funds
to pay the mst of completion less the balance of he Confact Sum, and to pay and perform all obligations of Principal under he
Contract and Contract Documenls- including other costs and damages for nhich Surety is liable under this Bond- except trat
Surety's tolal obtgalion, as described here, will nol exceed 6e Bonded Sum.
4. An alEralbn, modification, change, addition, dehtion, omission, agreement, or supplement h $e Confact, Contract Doflments, or
the nature of 6e Wo perfomed under he Contracl or Contrd Documents- including, without limitation, an extension of time for
performance- does not, in ary way, afiect Surety's obligatbns under his Bond. Surety vJai!€s any nolice of aheration, modification,
change, additbn, deletion, omission, agreement, supplement or extension of time.
5. Suretfs obligatons under $is Bond are separate, independent trom, and not mntingent upon any o$er surety's guaranEeing
Principal's faihful perlormance of he Wort.
6. No right of action accrues on this Bond to any entity oher han City or its successors and assigns.
7. lf an aclion at law or in equity is nec€ssary to enforce or interpret his Bond's terms, Surety must pay- in ddfion to $e Bonded
Surn- City's reasonable attomeys' fees and litigatbn costs, in an amounl the court fxes.
8. Surety shall mail City written notice at least 30 days before: (a) he effeclive date on which he Surety will cancel, terminale, or
rxithdra,v ftom this Bond; or (b) his Bond becomes void or unenforc€able for any reason.
On the date set forth belou Principaland Surety duly executed this Bond, wih the name of each party appearing below and signed
by its reprsentalive(s) under fie auhority of its goveming body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
(Signature)(Signalure)
(Name)
By
Its:
By:
Its:
(Name)
(Tdre)(Ttle)
Address br Serving Notices or Oher Documenb: Address br Serving Notices or Other Dmuments:
CORPOMTE SEAL CORPOMTE SEAL
. IHIS BOIVO MUST BE qECUIED IN IRHJATE.. EVIDENCE MUST tr ATTACI]ED ff THE AUTHORITY ff At'lY PERSoN gGlvt /G AS AIIORNEy-/ lfICL. THE ATTORNEYTN+AC7"S SIGIVITURE MUST BE NOTAREED.. A @RPOR47E SE4[ MUSTBE IMPRESSED Otl fiils FffiM y{,?,EN THE PRINCIPN- q THE SUREty. ffi 80TH. ARE A
c@rcMflot't.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
APPROVED AS TO FORM:
ByBy
Director of Public Works City Attomey
EOND ACKNOWLEDGMENT
SIATE OF CALIFORNIA )
)ss
COUNTY OF )
On this day of
before me,
FOR
SURETY'S ATTORNEY-IN-FACT
n_,
.(name), a Notary Public for said County, personally
.(name), who proved to me on the basis ofappeared
satisfactory evidence to be the person whose name is subscnbed to this instrument as the attomey in Iact of
and acknowledged to me that he/she subscribed the
name of lhereto as princrpal, and his/he own name as
attomey in fact.
I ce(ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and mrrecl.
Notary Public
SEAL
't.
EXHIBIT 2
Bond No.:
Premium Amount: $
Bond's Elfeclive Date:
PAYMENT BOND
(LABOR AND MATERIALS)
RECITALS:
The City ol Vemon, Califomia ('CitF), has awarded to
(Name address, and telephone ol oesrgn,Buildef)
('Principal'),
a Contract (the 'Contracl') for the Wort described as follo\^/s:
Sp€cification No.in Vemon. CA
2. Principal is required under Calilomia Civil @!9 Sec{ions 3247-3248 and he terms ol U|e Contracl- and all contrac{
documents relerenced in it ('Contracl oocumenb')- to fumish a bond guaranteeing Principal's paying daims, demands,
liens, or suits for any $ork, labor, services, materials, or equipment fumished or used in the Work.
3. The Contracl and Conbact Documents, including all $eir amendments and supplements, are incorporated into Uris Bond and
made a part ol it by his referen@.
OBLIGATION:
THEREFORE, for value received, We, Principal and
('Surety'),
a duly admitted surety insurer under Califomia's laws, agree as follows:
Bythis Bond, We jointly and severally obligale and bind ourselves, and our respective heirs, executors, administrators, successors,
and assigns to pay City the penal sum of
Dollars ($ ) (.lhe Bonded Sum'), this amount
comprising not less than the total Confad Sum, in la,,flful money of the United States of Americ€.
The Califomia Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's Califomia Department of lnsurance License No.
THE CONDITION 0F THIS BOND'S OBLIGATION lS THAT, if Principal or a subcontractor lails to pay (a) any person named in
Calilomia Civil Code Seclion 3181, or any succ€ssor legislation: (b) any amount due under Califomia,s Unemplovment lnsuranc€
@!9, or any successor legislation, Ior nork or labor pedormed under the Contracl or Contret Oocjments; or (c) any amount
under Unemplovment lnsurance @lg Section 13020, or any successor legislation, that Principal or a subcontraclor muat deduct,
rvithhold, and pay over to the Employment Developmenl Department from he wages of iis employees, for t ork or labor performed
under the Conkact or Contracl Documenls, hen Surety shall pay for tre same in an amount not-lo€xceed the Bonded Sum.
Otherwise, tlis obligation becomes null and void While this Bond remains in full force and effecl, the follo$ring terms and conditions
apply to his Bond:
1 This Bcnd inures to he b€nefit oJ any of the persons named in Califomia Civil Code Section 3181, tr any successor legblatbn,
giving hose p€{sons or fidr assigns a right d adbn in any suit hought upol his Bmd, unless Califomia Civil Code Sectio-n 3267,
or any successor legislation, applies.
address and lelephone ol Surety)
2. An atteration, modification, drange, addition, deletion, omission, agreement, or supplement to the Confact, Contrad
Documents, or the nature of the Work performed under the Contract or Contract Documents- induding, ,/rithout limitation, an
extension of time for perlormanc€- does nol, in any ,ray, affed Surety's ouigations unde{ his Bond. Surety waives any notice
of alteration, modifrcation, dlange, addition, deletiofl, omission, agreement, supplement, or extension of time.
3. Surety's obligations under tris Bond are separate, independentlrom, and not contingent upon any oher surety's paying claims,
demands, liens, or suits for any work, labor, services, materials, or equipment fumished or used in he Wo*.
4. lf an action at law or in equity is necessary to enforce or interpret his Bond's terms, Surety must pay- in addition to the
Bonded Sum- City's reasonable attomeys'fees and litigation costs, in an amounl the court fxes.
5. Surety shall mail City rt/ritten notice at least 30 days before: (a)$e effective date on which Ure Surety will cancel, terminate,
or ,rithdraw from this Bond; or (b) his Bond becomes void or unenforceable for any reason.
On the date set forh below, Principaland Surety dulyexecuted this Bond, v{ith the name of eadl party appearing belowand signed
by its representative(s) under the auttrority of its goveming body,
Date:
PRINCIPAL:SURETYI
(Company Name)(Company Name)
(Signature)(Signalure)
ByBy.
ItsIts
(Name)(Name)
(Title) F le)
AddEss ftr Sewing Notires or Olher Doqrmeflb: Addess for SeNing l.lotbes oI oheI D@rments:
CORPORATE SEAL CORPOMTE SEAL
. IHIS 8OA/D MUST BE ECWD IN IRIH)UTE,. EVTDENCE MUST BE ATTACIIED OF THE AUnfrRtTY OF N'tY PERSOw StG^/tNG AS AIIORNEY-INfACI. THE ATTORNEYIN+AC]"S SIGNAIUREMUST BE NOTARIZED.. A @RPORAIE SF-AL MUSI BE IMPRESSEO Ot'l filts F@M WHEN THE PRINCIPN- OR IHE SURETY OR B0TH, ARE A
c@rcRATlON.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
By
Director of Public Works
APPROVED AS TO FORM:
By
City Attomey
BOND ACKNOWLEDGMENT
FOR
SUREW'S ATTORNEY-IN-FACT
STATE OF CALIFORNIA
COUNry OF
0n this day of
before me,
ss
name), a Notary Public for said County, personally
appeared
satisfactory evidence to be the person whose name is subscribed to this instrument as the attomey in fact of
, and acknowledged to me lhat he/she subscribed lhe name of
as principal, and his/he own name as attomey in fact.
I certily under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true
and correct.
Notary Public
SEAL
EXHIBIT 3
Bond No:
Premium Amount: S
Bond's Etfeclive Date:
MAINTENANCE BOND
RECITALS:
1. The City of Vemon, Calilornia ('City'), has awarded to
(Name, address, and lelephone of Contraclor)
("Principal"),
a Contract (the'Contracl') for the Work described as follows:
Specifcation No in Vemon, CA.
2. Principal is required under the terms of the Contrac{- and all mntract doorments referenced in it ('Contrac{ ocuments')-
afler completion ofthe Work and before the fling and recordation ol a Notice of Completion forthe Work, to fumish a bond to
secure daims for Maintenance equal to len percent (10%) of the total amount of the Contract Vvhich shall hold good for a
period of one (1) year tom the date lhe City's Notice of Completion and Acceptance of he Work is filed with the County
Recorder, to protect he City against he result of faulty materialor uorkmanship during hat time.
3. The Contract and Confacl 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 lelephone of Surety)
('Surety"),
a duly admitted surety insurer under Califomia's laws, agree as follows:
Bythis Bond, Weioinfly and severally obligate and bind ourselves, and our resp€clive heirs, execulors, administrators, successors,
and assigns to pay City the penal sum of
Dollars ($_______________J ('the Bonded Sum'), this amount
comprising not less than 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 Calilornia Department ol lnsurance License No.
THE CONDITIoN OF THIS BoN0'S OBLIGATION lS THAT il he said Principalor any ofhis or her or its subconbaclors, orthe heirs,
executors, administratoG, successoc, or assigns or assigns of any, all, or either of hem, shall fail to exeote within a reasonable
amount of lime, or fail to respond wihin seven (7) days v'/ih a witlen sdredule acceptable to the City for same, repair or replacement
ol any and all Worft, together wih any other ad,acent Work which may be displaced by so doing, hat proves to be defective in its
,r'rorkmanship or materialfor he period ol one (1) year (except wten othenflise required in the Contracl to be for a longer period) from
he date the City's Notice ol Completion and Acceptance, orequivalent, is fled wifi the County Recorder, ordinary wear and tearand
unusual abuse or neglecl excepted wih respeci to sudr WoIk and labor, he Surety herein shall pay for the same, in an amount not
exceeding the sum specified in his Bond
1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly
remedy the default using a procurement methodology approved by City, select a cantractor or confactors- acceptable to City to
complete all of he Work, and anange lor a contracl between the contracto(s) and City. Surety shall make available suflicient tunds
to pay the mst of repair or replacement of any and all Work and to pay and perform all obligations of Principal under he Confacl
and Contracl Documents- including olher costs and damages for which Surety is liable under this Bond except hal Surety's total
obligation, as described here, rvill not exceed the Bonded Sum
2. Should he condition of his bond be fully performed, ften his obligatbn shall become null and voil, oherwise it shall be and remain
in full force and effect.
3. Surety, br value Ieceived, hereby stipulates and agrees hat no drange, extensbn of tine, alteration, or ddition to he brms ol sail
ConEacl or b tE Wort to be perbmed hereunder or 6e specificalions accompanying tle sarne shall in aty matner afiect its
obligations on his bond, and it does hereby wah€ notice ol any sudr change, extension, aherathn, or addition.
4. Suret/s obligations under his Bond are separate, independent hom, and not contingent upon ary oher surety's guaranteeing
Principal's faihful performance of he Worft.
5. No right of action acsues on this Bond to any entiry oher han City or its successors and assigns.
6. lf an aclion at law orin equity is necessary to enforce or interpret $is Bond's terms, Surety mustpay, in addition to he Bonded Sum,
City's reasonable attomeys'fees and litigation costs, in an amount he murt fixes.
7. Surety shall mail City written notice at least 30 days belorer (a) he effeclive date on whl$ he Surety will cancel, terminate, or
withdraw from this Bond; or (b) Utis Bond bemmes void or unenforceable for any reason.
L Deah ol he Principal shall not relie\,/e Surety of its obligatons hereunder.
On the date set forth below, Principaland Surety duly executed his Bond, wih the name of each party appearing below and signed
by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
(Signalure)(Signature)
ByBy
Its.tS
(Name)(Name)
lrite) 0itle)
AddEss br SeNing Noti:es or ofier Docurnenb: Address hr SeMng l,lotires or Oher DGlments:
CORPOMTE SEAt CORPOMTE SEAL
. IHISBOI'ID uAST BE4EC,IJIED IN TRIPUCAIE.. EVIDENCE T,IUSTBE ArTAOIEDOF IIE AUIHORITOFA,VYPSRSON S/GN/NGASAITORNEYJN+ACT. IHE AITORNEYJN+ACTS S/GMruRE MUSI BE NOTARIED,. A CORPORAIE SAN MUSIEE/MPRESSED OV TI{IS FORMWHENTI1E PRINCIPN- ffiTI# SURETY, @NTH, ARE A@Rrcpl/.NOI'I
APPROVED AS TO SURETY & AMOUNT OF BONDED SUM: APPROVED AS TO FORM:
ByBy
Director of Public Works City Attomey
STATE OF CALIFORNIA
COUNry OF
On this day of
BOND ACKNOWLEDGMENT
FOR
SUREW'S ATTORNEY-IN-FACT
20-,
ss
before me,(name), a Notary Public for said County, personally
(name), who proved to me on the basis ofappeared
satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of
and rcknowledged to me that he/she subscnbed the
name of thereto as principal, and his/he own name as
attomey in fact.
I certily under PENALW OF PERJURY under the laws of the State of Calilomia that the loregoing paragraph is true
and correct.
Notary Public
SEAL
EXHIBIT 4
INSURANCE REQUIREMENTS
1,0 REOUIRED INSUMNCE POLICIES
At its owl expense, Contractor shall obtain, pay for, and maintain - and shall rEuire each of its
Subcontraclors to obtain and maintain - for the duration of the Agreement, polices ol insurance meeting the lollowing
requirements:
A. Workers' Compensation/Employe/s Liabilrty lnsurance shall pmvide rrvorkers' compensation statutory
benefits as required by law.
1. Employe/s Liability insurance shall be in an amount not less than:
(a) ONE M|LL|ON DOLLARS ($1.000,000) per accident for bodily injury or disease;
(b) ONE M|LL|ON DOLLARS ($1.000,m0) per employee for bodily injury or disease;
and
(c) ONE M|LL|ON DOL|-ARS ($1.000,m0) policy limit,
B. Commercial General Liability ('CGL") (primary). City and its employees and agents shall be added as
additional insureds, not limiling coverage for lhe additional insued to "ongoing operalions" or in any way excluding
mverage for completed operations. Covenge shall apply on a primary, nonontributing basis in relation to any other
insurance or setf-insurance, pdmary or excess, availaUe to City or any employee, representative or agent of City.
Coverage shall not be limited to lhe vicarious liability or supervisory ole of any additional insured. Coverage shall
contain no mnkactors' limitation or olher endorsement limiting the smpe of coverage for liability arising from explosion,
mllapse, or underground property damage.
1 , CGL insurance musl not be Mitlen for less than the limits of liability specified as follows:
(a) ONE MILLION DOLLARS ($1.000.000) per occunence for bodily injury (including
accidental death) to any one prson;
(b) ONE MILLION DOLLARS ($1.000.m0) per occunence lor personaland
advertising injury to any one person;
(c) oNE MILLION DOLLARS ($1.0m.000) per occunence for property damage; and
(d) TWO MlLL|ON DOLLARS ($2.000.000) general aggregate limit.
2. CGL insurance must include all malor divisions of coverage and mustcover
(a) Premises Operations (including Explosion, Collapse, and Underground ['X,C,U"]
coverages as applicable);
(b) lndependentContracto/sProtective;
(c) lndependentContraclors;
(d) Products and Completed Operations (marntain same limits as above until five (5)
years after recordation of Notice of Completion)
(e) Personal and Advertising lnjury (with Employe/s Liability Exclusion deleted);
(f) Contractual Liability (including specified provision for Contractois obligation under
Article 11 of the General Conditions); 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 povided on a 'pay on behalf basis, with
defense costs payable in addition to policy limits. There shall be no coss liability exclusion
and no mntractor's limitation endorsement. The policy shall have starting and ending dales
concunent with the underiying mverages. The Named lnsured may determine the layering
of primary and excess liability insurance povided that if such layering differs from that
described here, the actual mverage program meets the minimum total required limits and
mmplies with all other requirements listed here.
C. Business Automobile Liabil y lnsuBnce
1 . Business Automobile Liability lnsuran@ must cover ail vehicles, whelher rented, leased,
hired, scheduled, owned or nonowned. lf Conlractor does nol own any vehicles, this
requirement may be satrsfied by a nonowned vehicle endorsement to the general and
umbrella liability policies. Business Automobile Liability lnsurance coverage amounts shall
not be less than lhe followng:
(a) ONE MILLION DOLLARS ($1.000,000) per occunence for bodily injury (including
accidental death) to any one person; and
(b) ONE MlLLloN DOLLARS ($1,000.000) per occurence for property damage; or
(c) ONE M|LLION DOLT ARS ($1,000.000) combined single limit.
D, Contractors Pollution Liability lnsurance (CPL)
1 . Conlraclor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Conlracl Contractors Pollution Liability insurance that provides mverage for liability caused
by pollution mnditions arising out of the operations of the Contractor. Coverage shall be
included on behalf of the insured for covered claims arising out ofthe actions of independent
conlractors. lf the insured is using Subcontraclors, the policy must include work performed
'by or on behar of the insured.
2. The policy limit shall provide mverage of no less than one million dollars ($1,000,000) pr
claim and in the aggregate. Coverage shall apply to bodily injury; property damage,
including loss of use of damaged property or of property thal has nol been physically inured;
cleanup costs; and costs of defense, induding costs and expenses incuned in lhe
investigation, defense, or settlement of claims.
3. All aclivities contemplated in the Contract shall be specifically scheduled on the CPL plicy
as 'covered operatons." ln addition, the policy shall provide mverage for the hauling of
waste from the Prolect ste to the final disposal location, including nonowned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part ol lhe insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsemenl.
E. Builde/s Risk lnsuran@
1. Builde/s Risk lnsurance covering all real and personal property for'all risks" of loss or
'mmprehensive perils" mverage including bul nol limited to he perils of earth movemenl
including earthquake and flood for all buildings, struclures, 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 lull replacement value of such properties. Coverage shall be included for
property of others in the care, custody or contol of the insured for which any insured may be
liable. The City will purchase a builde/s risk policy for the Projecl instead of a conlractor
purchased policy, Bidder shouH not include cost for this coverage in his/her bid.
2.0 GENEMLREQUIREMENTS--ALLPOLICIES
A. Qualffications of Insurer. At all times during the term of this Contract, Contracto/s insurance
company must meet all of the following requirements:
1, 'Admitted" insurer by lhe State of California Department of lnsurance or be listed on the
Califomia Departmenl of lnsurance's "List of Surplus Line lnsurers" ('LESLl");
2, Domiciled within, and organized under the laws of, a Stale of the United States; and
3. Carry an A.M. Besl & Company minimum rating of "A:Vll".
B. Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-lnsured Retentions. All deductibles or setf-insured retentions are subject to
City's review and appmval, in its sole discretion.
D, Commercial General Liability and Business Automobile insurance policies must be Mitlen on an
'occunence" basis and must add lhe City of Vemon and ns officers, agents, employees and representatives as
addfiional insureds.
E. Contracto/s lnsurance Primary. Other insurance (whether primary, excess, contingent or selt
insurance, or any other basis) avarlable to City, or its representatlves, or both, is ex@ss over Contracto/s insurance.
Cily's insurance, or setf-insurance, or both, will not contnbute with Contraclo/s insurance policy.
F. Waiver of Subrogation. Contractor and Contractor's insurance mmpany waive- and shall not
exercise- any right of recovery or subrogalion that Conlractor or the insurer may have against City, or its
representatives, or both.
G. Separation of lnsureds. Contracto/s insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's limits of liability.
H. Claims by Other lnsureds. Contractoas insurance policy applies to a claim or suit brought by an
additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising
injury, or property damage.
l. Premiums. City is not liable for a premium payment or another expense under Contractor's policy
J. At any time during the duration of this Contract, City may do any one or more of the following:
1. Review this Agreement's insurance mverage requirements;
2. Require that Conlractor oblain, pay for, and maintain more insurance depending on City's
assessment of any one or more of the following factors:
(a) City's risk of liability or expsure arising out of, or in any way mnnected with, the
services of Contractor under this Agreement;
(b) The nature or number of accidents, daims, or lawsuits arising oul of, or in any way
connected with, the services of Contractor under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage.
3. obtain, pay for, or maintain a bond (as a replacement for an insuran@ coverage) Irom a
Califomia corporate surety, guaranteeing payment to City for liability, or msts, or both,
that City incurs during City's investigation, administration, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without intenuption, from the Projecl's
commencement date to the Final Payment date, or until a dale that City specifies for any mverage that Contractor
must mainlain after lhe Final Paymenl.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contracto/s insurance company shall mail Crty written notice at least thirty (30) days in advance of the policy's
cancellation, lermination, non-renewal, or reduction in coverage and ten (10)days before ils insurance policy's
expiraton, cancellation, lermination, or non+enewal, Contractor shall deliver to City evidence of the required
coverage as proof that Contracto/s insurance policy has been renewed or repltred wth another insurance policy
which, during the duration of this Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon City's rEuest, Contraclor shall furnish satisfactory proof of each type of
insurance mverage required- rncluding a certified mpy of the insurance policy or policies; certificates, endorsements,
renewals, or replacements; and documents omprising Contraclo/s self-insurance prograrn- all in a form and content
acceptable to lhe City Attomey or City's Risk Manager.
N. lf Contractor hires, employs, or uses one or more Subcontracto(s) lo perlorm wo*, services,
operalions, or activities on Contracto/s behalf, Contractor shall ensure that the Subconlractor mmplies with the
following.
1. Meets, and fully complies with, this Agreement's insurance requirements; and
2. Fumishes City at any time upon its request, with a complete copy of the Subcontracto/s
insurance policy or policies for City's review, or approval, or bolh. Failure of City to
request copies of such documents shall not impose any liability on City, or its employees.
O. Cantractor's failure to comply wilh an insurance provision in lhis Agreement constitutes a material
breach upon which City may immediately terminate or suspend Contraclor's performance of this Agreement, or
invoke another remedy that lhis Agreement or the law allows. At its discretion and without waiving any olher rights it
may have pursuant to law, City has the right but nol a duty to obtain or renew the insurance and pay all oI part of the
premiums. Upon demand, Conlractor shall repay City lor all sums or monies that City paid to oblain, renew, or
reinslate 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 self-insurance administrato(s) mmplete and
execute the following insurance documents 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 the City Attomey or
City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability oI all
insurance documents is flnal. Sample insurance documents in the City's approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile lnsurance and
Contracto/s Pollution Liability lnsurance. The following submittals must be on forms salisfac{ory to the City Attomey or
City's Risk lvlanager, and signed by the insurance canier or its authorized representative - whiah fully meet the
requirements of, and contain provisions entirely consistent with, all of the insurance requirements sei forth herein.
1. 'Certificate of lnsurance'
2.'AdditionallnsuredEndorsement"3. Subrogation Endorsement: 'Waiver of Transfer to Rights of Recover Againsl Others"
Both Certilicates of lnsurance and Addrlional lnsured Endorsements must read as follows: 'The City of Vemon,
and its officers, agents, employees and representatives are included as additional insureds under lhe policylil. fnis
insurance is pnmary lo all other insurance of the City. The Citys insurance and self-insurance will apply in'excess of,
and will not contribute wilh this insurance, This insurance applies separalely to each insured or additional insured who
is seeking coverage, or against whom a claim is made or a suit is bought. The issuing mmpany shall mail thirty (30)
days advance notice to the City for any policy canc€llation, termination, non-renewal, or reduction in coverage."-
C. Required Submittals for Workers' Compensation lnsurance. Conlractor shall provide City with a
certificate of insurance and a subrogation endorsement on forms satisfactory to the Cily Aflomey or City's Riik
Manager, and signed by the insurance carrier or its aulhonzed representative - which iully meeithe requirements of,
and contain provisions entirely mnsistent with, this Contract's workers compensation insurance rEUirements. lf
Conlractor is self-insured for workers' compensation, a copy of lhe "Certmcate of Consenl to Setf-insure" from the
State of California is required; or if Contractor is lawfully exempt from workers' compensation laws, an "Affirmation ol
Exemption from Labor Code 93700" form is required.
D. Required Evidence of BuiUer's Risk Coverage. Crty will pmvide a certificate of insurance and a
declarations page on a form satisfactory to the City Attomey or Cily's Risk Manager, and signed by the insurance canier
or its authorized represenlative. The policy terms must fully meet the requirements of, and contain prcvisions entirely
consistent with, all o{ the insurance requirements set forth herein. The City shall be namedasa loss payee on the
insurance policy for lhe full replacement value of all buildings, structures, fixtures and malerials to be mnslructed,
maintained, repaired or supplied pursuant to this Contract.
E. Contractor agrees to monitor and review all such coverage and assumes all respnsibility for
ensuring that all required mverage is provided. Contractor agrees to obtain certificates evidencing such mverage.
F, Contractor agrees to provide tmmediate notice to City of any claim or loss against Contractor that
includes City or any other indemnitee as a defendant, Crty assumes no obligation or liability by such notice, but has the
right (but nol the duty) to monitor the handling of any such claim or clarms if they are like[ tb involve crty.
G No liability policy shall contain any provision or definition that tvould serve to eliminate so{alled third
party action ove/ claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or
subcontractor.
H. Any "self-insured retention" must be declared and appmved by City. City reserves the righl to require
the self-insured relention to be eliminaled or replaced by a deduclible. Setf-funding, policy fronting or other mechanisms
to avoid risk lransfer are not acceplable. lf Contractor has such a program, Contractor must fully disclose such program
to City,
EXHIBIT 5
Statement of Intent to Complv with Minimum Reouirements of the Stormwater Permit
CITY OF VERNON
Department of Public Works
Permit Number:
Construction Stormwater Program
Date:
Applicant:
Project Address:
Property Owner:
Contractor:
Contractort Address:
The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water
Act that applies to the protection of recelving waters. Under permits from the Los Angeles
Reglonal Water Quality Control Board (RWQCB), certain activities are subject to RWQCB
enforcement. To meet the standards of the Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles
County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001),
the City of Vernon has adopted minimum standards for stormwater runoff from development
construction activities.
These minimum standards require the implementation of an effective combination of eroslon
and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss,
and the discharge of construction waste at each site. At a minimum, the construction activity
associated with the construction project identified above shall be conducted in such a manner
that:
> Prevents illicit construction-related discharges of pollutanb into the MS and receiving
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 maintained
for all construction sites one (1) acre or greater. Additional conditions may be required for
these sites.
I have read and understand the requirements listed above and certify that I will comply with
the minimum requirements above.
Signature:Print Name:
Property Owner:
EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
SPECIFIC FOR THIS PROJECT
DOWNEY ROAD STREET AND TRAFFIC IMPROVEMENTS
GENERAL
B- I .01 Scooe of Work - This project consists ofa 6" deep removal and replacement ofthe existing
asphalt pavement, adjusting to grade manholes and vatves and rejuvenation by mixing the removed
asphalt with new emulsified recycling agents, water and additives Cold Central Plant Recycling
ICCPR) process. After curing of the recycled asphalt, an overlay of 2-inch thick latex modified
asphalt concrete will be insralled on the streets per plans. In addition, removal and replacement of
damaged curb, gutter, sidewalk, driveways, and the installation ofhandicap access ramps will be
completed per the plans. High-Early (8" thick) concrete approaches will be constructed at various
interiections. Traffic Signal rewiring will be done at two intersection and traffic modifications will
be made at two intersecrions. Channelization of paved streets shall include traffic striping and
pavement markings.
B-1.02 Contract Plans - The details and the exact limits for the asphalt and concrete work in this
project are shown on the City of Vernon Contract No. CS-0940 sheet drawings, incorporated into
this Agreement by this reference:
Sheet No.Plan No.Description
l-2 Title Sheet & Notes
3-il P2765 Downey Road Street lmprovements
LA River to Fruitland Avenue
t2-15 T2757 Downey Road Channelization
LA River to Fruitland Avenue
t6 TS2766 Downey Road at Vernon Avenue
Traffic Signal lmprovements
l7 T52767 Downey Road at Leonis Boulevard
Traffi c Signal Improvements
t8 TS2768 Downey Road at Fruitland Avenue
Traffi c Signal Improvements
l9 T52769 Santa Fe Avenue at 48rh Street
Traffic Signal Improvements
z0 -23 T2763 Vernon Avenue Channelization
Santa Fe Avenue to Downey Road
24 -28 T2464 Alameda Street Channelization
271h Street to South City Limit
29 ,36 T2761 District Boulevard Channelization
Downey Road to Cudahy Avenue
37 -41 T2762 Leonis Boulevard Channelization
Pacific Avenue to Downey Road
8-1.03 Snecifications - Installation and payment for all the work shall conform to the
"GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(2015 Edition), the Standard Plans for Public Works Construction (2012 Edition), State of
Califomia, Department of Transportation Standard Plans and Standard Specifications (2015
Edition), and the City of Vemon Standard Plans. Traffic Signal, street lighting and materials shall
conform to the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION (2015 Edition), State of Califomia Department of Transportation (Caltrans)
Standard Plans (2010 Edition) and the State ofCalifornia Department of Transportation (Caltrans)
Standard Specifications (201 0 Edition).
B-l .04 Lensth of Contract - All work in this project shall be completed within 90 (ninety)
calendar days as specified in the Bidder's Proposal.
B-1.05 Delavs and Extensions of Time - The provisions ofSection 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 6-6.1 is hereby deleted and the following paragraph shall be
inserted in its place:
No extension of time will be granted for a delay caused by the inability ofthe Contractor to obtain
materials, equipment and labor, except as authorized by the City Engineer. The length ofcontract
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.
B-I.06Oualitvof Work-The provisions of Section4-I.I entitled "Materials and Workmanship"
ofthe Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by
the City Engineer, whether a cause is determined or not shall be repaired or replaced by the
Contractor at his expense.
B-1.07 !!gid.a!ed_De!S4g - In accordance with Section 6-9 of the Standard Specifications
(2015), for each consecutive calendar day required to complete the work in excess of the time
specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard
Specifications (2015), the Contractor shall pay to the City, or have withheld from monies due it,
the sum of $ I .500
B-1.08 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.
B-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 permifted 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.
Traffic signal modification, railroad track work and base paving must be completed prior to
the final two-inch thick asphalt concrete overlay.
8-2.02 Construction Hours- Work shall occur Monday thru Friday between the hours of 7
a.m.-4 p.m., except for the restrictions shown below.
The type of work u'ill have time restrictions as follows:
The cold in-place recycling operations (CCPR) will occur on Saturday and Sunday
between the hours of 7:00 a.m. to 5:00 p.m, from Leonis Blvd to Vernon Avenue.
The cold in-place recycling operations (CCPR) will occur on Monday to Friday
between the hours of 7:00 a.m. to 4:00 p,m. from Leonis Blvd to Fruitland Avenue.
Removal of the asphalt and placement of the high early strength concrete on Downey
as shown on the plans shall be on Friday between the hours of 7:00 p.m. to Sunday
5:00 p.m.
The 2" thick latex overlay work shall occur on Saturday and/or Sunday between the
hours of 7:00 a.m. to 4:30 p,m.
All re-striping work shall occur at night between the hours of 9:00 p.m. to 4:00 a.m.
Layout "Cat Track" shall be approved by the City before final re-striping.
All driveways will be removed and pou red on a Saturday and/or Sunday between the
hours of 7:00 a.m. to 4:30 p.m.
All traffic signal work will occur Monday-Friday between the hours of E:00a.m.-
3:30p.m. Rewiring shall occur on a Saturday and/or Sunday. Final turn on will occur
on a Saturday,
Sidewalk and curb & gutter work occur Monday-Friday between the hours of
8:00a.m.-4:30p.m.
Slurry seal work will occur on Saturday and Sunday between the hours of7:00 a,m.
to 5:00 p.m.
Tralfic control, detours, street closures, etc. for slurry seal work will occur on
Saturday and Sunday between the hours of6:00 a.m. to 5:00 p.m.
Additional grind areas on 45rh, Packers and the alley shall be on a Saturday between the
hours of 7:00 a.m. to 4:30 p.m.
B-3.01 Traffic Requirements - General - Before any partial or total closure ofany street, the
Contractor shall be required to obtain the approval of the 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
salety equipment as set forth in the latest publication of the State of Califomia, Division of
Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic.
In addition to the requirements of the "MUTCD" handbook, the City Engineer may require flatter
traffic 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 III barricades and delineators at locations as determined by the City Engineer.
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 offactors 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 adrive approach that is at least40 feetwide shall be poured
in halves in order to maintain continuous access unless otherwise approved by the City
Engineer.
c. In addition Io 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
of continuous access unless otherwise directed by the City Engineer.
8-3.02 Traffic Requirements - Soecific for this Project - In addition to the general specific
requirements ofSection II -3.01 ofthese 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.-,, the Contractor may
close the area adjacent to the proposed construction only if the 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 tralfic channelization and detour plans to the City
Engineer for approval at least (10) ten working days prior to commencement ofwork.
North bound and south bound Downey Road can be reduced to one lane in each
direction from Monday thru Sunday. During the weekend work associated with the
concrete intersection approach, one lane in each direction must remain open at all
times.
The posting of "NO PARKING" signs within the construction limits is permitted with
the approval of the CiQ Engineer. "NO PARKING" signs shall contain a "TOW
AWAY" *'arning.
These signs shall be furnished and maintained by the Contractor and shall be ofthe
type approved by the Citl 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 ofconstruction or they are invalid.
Signs shall not be attached to trees or taped to street light or traflic 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 no
more than five x'orking 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 warning
devices used shall be in accordance rvith State of California Business and
Transportation CiQ Department of Public Works Manual of Warning Signs, Lights
and l)evices for Use in Performance of Work upon Highways.
Due to the necessiq of private property access, the contractor may be required to
maintain a fifteen (15) foot, in width, travel lane. Detour of traffic shall be maintained
within the construction zone for the duration of the construction. The Contractor
shall provide access to local businesses at all times unless otherwise approved by the
City Engineer. This may include providing steel plates at some driveway approaches.
The Contractor shall furnish and maintain Type II and Type III barricades with
flashers at the removal or cold recycling areas. Message boards shall be used for pre-
construction warnings, lane closure/detour areas and placed l0 calendar days in
advance ofthe closure/detour. Flashing arrow boards shall be used on Downey Road.
The traffic control shall be in accordance with the California Manual of Temporary
Traffic Controls (MUTCD, latest edition) handbook.
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 furnishing and
maintaining tralfic 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.
B-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 lollou's:
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. Labor2. Materials3. Equipment Rental4. Other Items and Expenditures
20%
l5o/o
15o/o
15o/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 s-percent on work in excess of$5,000 may be added by the Contractor.
B-4.02 Comoliance with Laws. Resulations. 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 of the work. This requirement will apply continuously and not be
limited to normal working hours. Inspection of the Contractor's performance by the City, its agents,
or employees is not intended to include review ofthe adequacy ofthe Contractor's safety measures
in or near the job site.
8-4.03 Notification of,4ftcred Residents/Businesses - The Contractor shall be responsible for
distribution of the general information letter ofthe project to all afected residents and businesses.
A project general information letter and sufficient copies thereof will be prepared by City staff for
Contractor distribution to all residents, business establishments, and institutions fronting on or
directly affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the
appropriate residences and buildings in the subject area. Distribution shall be accomplished in a
manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning
of construction operations in the immediate vicinity.
In addition to the above, the Contractor shall be fully responsible for such other notifications as
may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable
access or parking restrictions. These notifications shall apply where the closures and access or
parking restrictions required in the performance of any work under this contract preclude any
resident, tenant, or property owner from utilizing the premises or conducting business thereon in
a reasonable and customary manner.
of any construction work. No removal or excavation work is allowed until the additional
notification has been distributed lo the aflected rcsidents and businesses. Ifa Contractor is unable
to adhere to his schedule as indicated on his written notification. then all the affected residents and
places ofbusiness shall be re-notified of the revised schedule, in writing, as indicated above.
Contractor costs for all ofthe above notifications shall be considered as included in the appropriate
items of the Bid Proposal.
B-4.04 Notification of Utilities - The provisions ofSection 5 entitled "Utilities" ofthe
Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert
of Southern Califomia (U.S.A.) at least two working days in advance of the construction work.
Union Pacific Railroad Company
740 East Carnegie Drive San Bernardino, CA 92408
Melvin Thomas, Public Project Manager, (909) 386-4472
Los Angeles Junction Railroad/BNSF
Cara Weidling - General Manager
Los Angeles Junction Railroad/BNSF
4433 Exchange Avenue, Vemon, CA 90058
(323)277-2007
II-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 5:00 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 Alf construction shall conform to Sections 6-l and 6-2 of the latest edition of the Standard
Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely
and continuous manner. As such, once construction is started in a work area, the Contractor will
be required to work continuously in that work area until construction has been completed 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 from that work area in order to start construction in another work area if doing so,
in the opinion of the City Engineer, delays the completion of the work presently under
construction.
3. 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.
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 - Ifany 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 wriften
notice upon the Contractor and the Surety providing the faithful performance bond, in accordance
with Section 64, "Default by Contractor," 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.
B-8.02 Mobilization - The cost of all preparatory work and operations for the multiple movements
ofpersonnel, 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 ofwork, and
until final acceptance ofthe 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 furnishing and
operating dust control during the construction project must be included in the various bid items,
and no extra compensation will be paid to the Contractor.
B-8.04 Temporarv Water Meter- If necessary, the Contractor shall obtain a temporary water meter
from the City ofVernon Water Department by placing a deposit of$1000.00. Contractor shall pay
for all water used. Contractor shall not relocate the service. The Contractor shall call the City of
Vernon Water Department to relocate the service and will be charged $50.00 for each relocation.
8-8.05 Cleanins of Site Durine Construction - During construction, all existing improvements
adjacent to the work area shall be swept free from soils, 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 lor cleaning
and restoration ofall damaged existing improvements such as sidewalk, driveway, curb and gutter,
and private 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.
B-9.01 Best Management 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 7-8.6.2, "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 ofthe Public - The Contractor shall take such steps and precautions as his/her
operations warrant to protect the public from danger, loss of life, loss of proPerty or interruption
of public services. Unforeseen conditions may arise which will require that immediate provisions
be made to protect the public from danger or loss, or damage to life and property, due directly or
indirectly to prosecution of work under this contract. Whenever, in the opinion of the City
Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public
safety, protection ofutilities, and/or protection ofadjacent 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 of all repairs (including labor and materials) as are deemed necessary, shall
be borne by the Contractor. All expenses incurred by the City for emergency repairs will be
deducted from the final payment due to the Contractor.
B-l l.0l Material Submittals - 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.
Also see Section B-16.02 CCPR Submittals for additional information related to Cold Central
Plant Recycling (CCPR) process submittals.
B- 12.01 Unclassified Excavation - This section shall conform to Subsection 300-2 ofthe Standard
Specifications and these Special Provisions.
Unclassilied excavation shall consist of saw cutting, excavation and disposal of existing concrete
sidewalk, curb and gutter, driveway and adjacent two feet wide strip asphalt pavement along proposed
concrete improvements, aggregate base, soil etc., and portions of street improvements proposed for
concrete pavement as shown on the plans and shall be paid according to the unclassified excavation
contract bid item unit price.
Cost for unclassilied lill ifany, 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 ofthe excess amount of asphalt concrete pavement as a result
of the cold planing the existing asphalt concrete pavement shall not be considered as unclassified
excavation.
B-12.02 Saw-cuttine - 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 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 of the various related items as specified in the Bidder's Proposal and no additional
payment for this work shall be made therefor.
Saw-cutting will be required along score lines ofall individual concrete areas to be removed. A
minimum E" saw-cutting depth will be required along thejoint line for curb and gutter.
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-2.04.1
of these Specifications for NPDES requirements.
B-13.01 Cold Planine - This section shall conform to Subsection 302-l Cold Milling of Existing
Pavement ofthe Standard Specifications. Cold planed (cold milled) asphalt will be used as pan of the
Cold Recycling process through the Cold Central Plant Recycling method and any additional
remaining cold planed asphalt concrete not used as the part of the process will be disposed of in
accordance Subsection 302-1.8 ofthe Standard Specification. The cost to dispose ofthe excess cold
planed asphalt concrete shall be included in the most appropriately related bid items.
B-14.01 Benchmark Replacement - Ifbenchmarks and/or centerline ties are displaced or damaged
during construction, the Contractor shall replace them per City o Vemon Standards at no cost to
the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or
centerline ties.
B- I 5.0 I Maintainine Existine TrafTic Sienal Svstem - In accordance with Section 701-4 and 701-
5.4 of the Standard Specifications, the existing traffic signals shall be in operation at all times
except during the re-wiring and final tum on.
B-16.01 Parkwav Restoration - Parkway and lawn areas disturbed by construction and/or root
removal operations shall be backfilled with material approved by the City Engineer, mechanically
compacted to 907o of optimum density, and graded tojoin the adjacenr improvements and parkway
lawn areas. The parkway and lav',n area shall be restored by sodding in accordance with Section
801-4.8 ofthe Standard Specifications, and the irrigation system to match the adjacent parkway
area. The payment for this work is deemed to be included in the unit bid price for removal.
B- I 7.0 I Concrete Improvement General - The construction of concrete improvements shall
consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and
construction ofconcrete curb ramps. driveways, sidewalks, curb & gutter 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 lor forming shall be included in the various bid items and no
extra compensation will be paid to the contractor.
B-17.02 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 13" deep
section ofpavement (asphalt, concrete, base) along the edge ofexisting gutter, re-compact base or
sub-grade and repave with I I " 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 ro the cost for removal, disposal and relocation ofthe existing sidewalk
curb pipes, utility, traffic/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-17.03 Truncated Domes - Curb ramp and walkway detectable waming surface shall consist of
raised truncated domes constructed or installed on curb ramps or u'alkways according to the
Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable warning surface
shall be prefabricated, cast-in-place and/or glue down on the surface ofthe curb ramp or walkway.
The color ofthe 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 Department ofGeneral Services, Division of State Architect and be attached in
conlormance with the manufacturer's recommendations. Cast-in-place and/or glue down
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 upoo acceptance of the contract.
B-17.04 Concrete Sidewalk - The 3.5" thick concrete sidewalk and walkway shall be constructed
according to the City of Vemon 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-17.05 Concrete Curb and Gutter- Concrete curb & gufter shall be constructed according to the
plans and City of Vernon Standard Plan No. PV582 including 6" thick Crushed Miscellaneous
base (CMB). The concrete curb face shall be 6" high. 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 l3" deep section ofpavement (asphalt, concrete,
base) along the edge of existing gutter, 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 cost for the removal & repaving ofthe 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.
B- I 7.06 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
ofthe 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 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 ofgutter. 5' long sidewalk adjacent
to both sides of new driveway shall be constructed as S" thick sidewalk and shall be paid by square
feet as a driveway bid item.
All new concrete driveways shall be covered with steel plates to provide continuous access
for vehicular crossing after removal of existing driveways and du ring cu ring of new concrete
with no cost to the City.
B-17.07 Hieh Earlv Strensth Concrete - All work associated with the high early strength
concrete shall be during the times described in Section 8-2.03. Construction Hours of these
specifications. 8" thick, high early strength concrete with wire mesh (4" opening and placed at 4"
below surface) shall be used for the construction of the concrete pavement approaches at the
following streets:
(l) Downey Road Southbound approach at Fruitland Avenue.
(2) Downey Road North and Southbound approaches at Leonis Blvd.
(3) Downey Road North and Southbound approaches at Vemon Avenue.
(4) Downey Road Driveways per plans.
Each approach shall be completed one-half at a time and shall be completed on consecutive
weekends leaving one travel lane open at all times.
Material shall be Portland Cement Type IL Curing rate shall be 3,000 psi at 24 hours and 5,000
psi at 28 days. Slump shall be 4" to 5". Design mix shall conform to the following specifications.
Prior to construction, Contractor shall submit a concrete mix design and a laboratory test result of
a Trial Batch for 3000 psi at 24 hours to the City Engineer for approval. The cost oftesting a Trial
Batch must be included in the various bid items. and no extra compensation will be paid to the
Contractor.
High Early Strength Concrete Pavement Slab shall be placed by the use ofa 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.
In the event ofuneven pavement, concrete edges parallel and perpendicular to the direction of
traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to
paving.
B-17.08 Concrete Joints and Key,rvays Longitudinaljoints shall coincide u,ith traffic lanes unless
otherwise approved by the City Engineer. Construction of keyrvays and tie bars shall be per the
Standard Plans for Public Works Construction (SPPWC) Standard Plan No. 134-2 and placed at
every cold joint in the concrete slab/pavement or as directed by the City Engineer.
B- I 8.01 Cold Central Plant Recycline (CCPR) - General - This work shall consist of Cold Central
Plant Recycling (CCPR) of Reclaimed Asphalt Concrete (RAP), cold planing (milling) the existing
asphalt concrete pavement to the len$h, depth and width as shown on the plans and placing the
recycled asphalt back to the street as base course ready to receive the new asphalt concrete overlay.
The RAP shall be clean, free of contamination of dirt, base, concrete or other deleterious materials.
The stockpiled RAP shall be crushed and screened to a graded aggregate blend with 100% ofthe
crushed RAP passing a l-inch sieve and fines (particles passing No. 200 sieve) at less than or equal
to 5%. The properly graded RAP to be recycled shall then be blended with an emulsified asphalt
Material Weight per Cubic Yard Absolute Volume per Cubic
Yard
Cement Type ll 846 Lbs 4.32 Ctft
Aggregate Ratios:
l" Rock. 48%1387 Lbs 8.39 Cufi
3/8" Rock. l0%288 Lbs 1.75 Cuft
#l Sand. 42o/o 1.200 Lbs 7.34 Cuft
Admixtures:
Polyheed 76.1 Fl.Oz
Polarset l0l .5 Fl.Oz
Allowable water 299.88 Lbs 36 Gallons/4.81 Cuft
Total 4020 Lbs 27 Cufr.
Unit Weight 148.9 Pcf
recycling agent, and other additives, as required by the CCPR Contractor's Mix Design, to produce a
recycled asphalt concrete. This material shall then be placed and compacted in accordance with the
Plans and these Special Provisions and as directed by the City Engineer.
8-18.02 CCPR Submittals - At the time of bid, the Contractor shall furnish the following
information regarding the Cold Central Plant Recycling (CCPR) to the City Engineer. Approval
of the Contractor or Subcontractor performing the CCPR is at the discretion ofthe City Engineer.
l. Emulsion and emulsion supplier. Identification that the proposed recycling emulsion
has been successfully used on at least five (5) other CCPR asphalt projects in California
over the past three (3) years, including project name, agency/owner, project engineer,
and construction dates.
2. Description and specification of the proposed CCPR recycling unit and support
equipment, construction method, expected production rates, and planned sequence of
construction.
3. The Contractor (or Subcontractor) shall have completed a minimum ofthree (3) CCPR
asphalt projects in the last three (3) years. Submit project name, agency/owner, project
engineer, and construction dates.
4. The CCPR recycling unit shall demonstrate the ability to crush and screen the RAP
used in the CCPR process and remove pavement reinforcing fabric during the recycling
process.
5. Verification the CCPR recycling unit meets the proportioning requirements of
California Test 109 and the applicable Air Quality Control district permits.
6. Quality Control Plan.
B-18.03 Just In Time Training - Attending a 2-hour minimum Just-ln-Time Training (JITT) shall be
mandatory, and consist of a formal joint training class on cold recycled asphalt materials, required
special equipment, placement and compaction methods, quality control and inspection. Construction
operations for cold recycling shall not begin until the Contractor's and the City's personnel have
completed the JITT. The JITT class shall be conducted for not less than 2 hours on cold recycling
operations and recycled paving techniques. The training class shall be conducted at a project field
location convenient for both the Contractor and the City. The JITT class shall be completed not more
than 7 days prior to the start of cold recycling operations, but ideally, the JITT class will be held
immediately prior to the first day's production run. The class shall be held during normal working
hours. The Contractor shall provide the JITT instructor. The instructor shall be experienced in the
construction methods, materials, and test methods associated with construction ofcold recycle asphalt
projects. A copy of the course syllabus, handouts. and presentation material shall be submitted to the
City Engineer at least 7 days before the day of the training. The Contractor and the City Engineer
shall mutually agree to the course instructor, course content, and training site. Just-ln-Time Training
shall not relieve the Contractor of responsibility under the contract for the successful completion of
the work in conformance with the requirements ofthe plans and specifications.
B-l E.04 Contractor Responsibilitv - The Contractor shall be responsible for the final product
and shall make any quality control, adjustments and corrections necessary to obtain the final
product accepted by the City Engineer. The Contractor shall perform process and quality control
sampling and testing and exercise management control the work of his/her subcontractors,
technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction,
and finishing processes conform to these Specifications. The proficiency of testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to
providing services to the project. The City Engineer shall have unrestricted access to the
laboratory, sampling, testing sites, and all information resulting from mix design and quality
control activities. All Quality Control testing results shall be submitted to the City Engineer on a
daily basis.
B-18.05 Mix Desien - The Contractor shall submit a mix design to the City Engineer at least 14
calendar days prior to beginning the recycling operation. The mix design is for informational
purposes only and shall be in accordance with the "Method ofTest for Determining the Percent of
Emulsilied Recycling Agent to Use for Cold Recycling of Asphalt Concrete" below using
representative samples of the asphalt concrete to be recycled obtained directly from streets for this
project. Based on the characteristics of the existing asphalt pavement taken from different streets,
more than one mix design may be required. The mix design shall be certified by a licensed Civil
Engineer experienced in cold recycled pavements. The job mix formula shall meet the criteria of
Table l: Recycling Mix Requirements and be approved by the City Engineer.
Table lrementsl:Mix
Design Parameters Requirement
Gradation of Reclaimed Asphalt Pavement (RAP): CT 202 l-inch maximum
<5% passing No. 200
Asphalt Content ofRAP: CT 362 or CT 379 or ASTM D 2172
Method B
Report
Bulk Specific Gravity of Compacted Samples " b: CT 30E, Method
C Report
Maximum Theoretical Specific Gravity b: CT 309, including
provisions of Section J
Report
Air Voids of Compacted and Cured Specimens b: CT 367 Part B Report
Marshall Stability, Cured Specimen b: AASHTO T 245 104 'F
(min)
I250 tb
Marshall Retained Stability, AASHTO T 245, 104 oF based on
Moisture Conditioning on Cured Specimen (min) b '7\o/od
Ratio of Emulsion Residue to Cement (min)3:l
Raveling Test of Cold Mixed Bituminous Emulsion, ASTM D
7196.50 oF (max)7.0
RAP Coating Test. ASSHTO T59', (min)Good
Notes:
' 4-inch diameter mold compaction based on either 75 blow Marshallon each side or Sirator) compactor at 30 gfations.
b Test specimens after l40PF curing to consranl ir€i8ht behreen 16 hours and 48 hours.
' Vacuum saturation from 55 percent to 75 percenl. Waler bath at 77 oF for 23 houls" witr Src last 30 minutes to 40 minutes in
l0,l 'F \Eter bath
d The Marshal Relained Slabilily ratio ma)' be reduced to 607c proliding the salurated MaEhall Slabilit, is at lea( 1500 lbs.
" Modi$ ASSHTO T59 usingjobsite RAP. emulsified recycling agent and water application rates that have been deermhed
in the CCPR mix design and submitted in job mix formula.
During the mix design, the Contractor shall determine the target values for penetration at 25"C and
viscosity at 60oC ofthe emulsified recycling agent to be used in production ofthe recycled pavement
mixture.
METHOD OF TEST FOR DETERMINING TIIE PERCENT OF EMULSIFIED
RECYCLING AGENT TO USE FOR COLD RECYCLING OF ASPHALT CONCRETE
Scope: This procedure is used to determine the percent and grade ofemulsified recycling
agent to use for recycling asphalt concrete when the cold method ofrecycling is used.
Cold Mix Requirement: The recycled pavement mixture shall conform to the Mix
Design Requirements as outlined in Table l.
Sampling and Processing of Existing Pavement Materials: Obtain sufficient RAP
samples by coring areas to be recycled, approximately 400 lbs, to be used for mix design
purposes. It is recommended to take one core for each lane mile and where visual
differences in the pavement are noticed. If cores show significant differences in various
areas, such as different t)?e or thickness of layers between cores, then separate mix
designs shall be performed for each of the pavement segments. Cut cores to the depth
specified for the cold recycling project. Determine asphalt content ofthe RAP according
to CT362 or CT379 or ASTM D2172 Method B. Perlorm two mix designs, one for each
grading, by recombining the RAP material in the laboratory in order to meet the $adation
criteria shown in Table 2.
Table 2: Cold hadation Requirements
Sieve Size Suggested Target
Medium Gradation Coarse gradation
25-mm ( I ")r00 100
l9-mm (%")95 12 85 t2
4.75-mm (No. 4)50r2 40 t2
600-pm (No.30)l0r2 5 t.2
75-pm (No.200)0.8 10.3 0.3 10.3
Determine gradation of the RAP after crushing and recombining by Califomia Test CT
202 with the exception that drying of RAP samples to constant mass shall be performed
at 104+4'F.
Mixing: Determine the amount that will produce a 2.4-inch to 2.6-inch tall specimen
when compacting 4-inch diameter specimens with either the Marshall compactor based
on 75 blows on each side or the gyatory compactor at 30 gltations for stability testing.
Choose three emulsion contents that bracket the estimated recommended emulsion
content for all stability testing outlined in Table l. Select three emulsion contents in either
0.5%o or l.lYo increments covering a range typically between 0.5o2 and 4.0% by dry
weight of RAP. Compact 6 samples at each emulsion content for stability testing, 3 for
Marshall stability on cured samples and 3 for Marshall stability on cured samples for
moisture conditioning. Two specimens are required for Theoretical Maximum Specific
Gravity according to CT309, Section J. with the exception that loose RAP mixture shall
by cured in an oven at l40t2oF to constant weight but no more than 48 hours and no less
l.
than l6 hours. Constant weight is defined as 0.05% change in weight in 2 hours. Do not
break any agglomerates that do not easily reduce with a flexible spatula. Test both
specimens at the highest emulsion content in the design and back calculate for the lower
emulsion contents. Add moisture that is expected to be added at the milling head, typically
1.5 to 3.0 percent. Ifany additives are in the mixture, introduce the additives in a similar
manner that they will be added during field production. Mixing of test specimens shall be
performed manually or with a mechanical bucket mixer or a combination of the two. Mix
the RAP thoroughly with water first. then mix u'ith emulsion. Mix at room temperature
of 77+4"F. One specimen shall be mixed at a time. Mixing time with emulsion should
not exceed 60 seconds.
5. Compaction: Compact specimens after mixing. Compact specimens at room
temperature of 77!4"F. Compact specimens with a Marshall compactor by applying 75
blows per side for stability testing using 4-inch molds or with a gyratory compactor at 30
gyrations for stability testing using 4-inch molds. Do not heat molds or Marshall
compaction hammer. If paper disks are used, place paper disks on the top and bottom of
the specimen before compaction and remove paper disks from specimens immediately
after compaction.
6. Curing after Compaction: Extrude specimens from molds after compaction without
damaging the samples. Carefully remove paperdisks if used. Place specimens in 140+2'F
forced draft oven with ventilation on sides and top. Place each specimen in a small
container to account for material loss from the specimens. Cure compacted specimens at
14012'F to constant weight but no more than 48 hours and no less than 16 hours. Constant
weight is defined as 0.057o change in weight in 2 hours. After curing, cool specimens at
ambient temperature a minimum of l2 hours and a maximum of 24 houn. Perform same
oven conditioning and volumetric measurements on moisture-conditioned specimens as
on other specimens. Perform moisture conditioning on 3 compacted samples at each
emulsion content by applying a vacuum of 254 to 660 mm of Hg partial pressure for a
time duration required to vacuum saturate samples to 55 to 75 percent. Saturation
calculation shall be calculated by comparing saturated surface dry mass with dry mass in
air determined. Soak moisture conditioned samples in a77l2"F waterbath for 23+ I hours,
followed by a 30 to 40 min soak at 104t2'F.
7. Measurements: Determine asphalt content of the RAP material to be recycled according
to CT362 or CT379 or ASTM D 2172 Method B. Determine bulk specific gravity of each
compacted, cured and cooled specimen according to CT308, Method C. Determine
specimen heights according to CT308 Section D2e. Altematively, the height can be
obtained from the SGC readout if the gyratory compactor is used. Determine maximum
theoretical specific gravity, CT309, Section J, with the exception detailed in Section 4 of
this document. Determine air voids of the compacted and oven-cured samples at each
emulsion content according to CT367 Part B. Determine corrected Marshall stability by
AASHTO T245 at l0412'F after 2-hour temperature conditioning in a forced draft oven
or by immersing in water bath for 30 to 40 minutes. This testing shall be performed at the
same time that the moisture-conditioned specimens are tested. Determine Marshall
Retained Stability. The average moisture conditioned specimen strength divided by the
average dry specimen strength is referred to as retained stability.
E. Emulsion Content Selection: Choose the design emulsion content that optimizes the
performance of the recycled asphalt concrete and meets the requirements listed in Table
l.
9. Raveling Test on Recycled Asphalt Specimens: Determine raveling potential on
recycled asphalt specimens in accordance with ASTM D 7196.
10, Report: The mix design report shall contain the following minimum information:
gradation of RAP, RAP asphalt content, recommended water content range as a
percentage of dry RAP, optimum emulsion content as a percentage of dry RAP, amount
of additive as a percentage of dry RAP, ratio of emulsion rcsidue to cement, and
corresponding density, air void level, Marshall stability, retained stability, compaction
method used to determine any reported stability, and raveling at recommended moisture
and emulsion contents. Include the emulsion and additive designation, company name
and location; and residue content; and the additive designation, company name and
location; and certificates of compliance for both.
B-19.00 Materials
B- 19.01 Emulsified Recvclins Agent - The type of recycling emulsion to be used shall be determined
by the mix design. The recycling emulsion supplier shall designate a technician, knowledgeable and
experienced in CIR and CCPR and approved by the City Engineer who shall be at the job site at the
beginning of the project to monitor the characteristics and performance of the recycling
emulsion. Throughout the job the Contractor's designated technician will be available to check on
the project and make adjustments to the recycling emulsion formulation as required, to insure the
emulsion and recycled pavement perform per these specifications. The Emulsified recycling agent
shall be a polymer modified rejuvenating emulsion with a latex polymer, rejuvenating agent and
asphalt and shall conform to the following requirements:
able 3: Tests on Emulsion I rements
Tests on Emulsion Test Method Requirement
Minimum Maximum
Sieve test, 7o of weight sample AASHTO T59(')0.1
Residue by distillation, %AASHTO T59(')60 67
RAP Coating Test AASHTO T59(,)Good
Tests on residue bv distillation:
Penetration, 25"C, 1009, 5s
(Target Value) (3)
AASHTO T49(4)+/- 25Yo
Absolute Viscosity at 60"C, poise AASHTO T2I7I$)Report Only
Note: I Modi$ AASHTO T59 dislillation temperature of 177'C lrith a 20 minute hold.
Mix emulsion recycling agent and $ater mtes shall be determined b1 rhe mix design and *ithjobsite RAP.
Targel r alue shall be determined by dre mir design.
Siele residue from distillation on #20 sieve prior to determining viscosiD.
The latex polymer shall be PA-AS-I or approved equal, a product of Polymer Science of
America and conform to the following requirements:
Table 4: Tests on Latex Po uirements
Test on Latex Polvmer Test Nlethod Requirement
Specific Gravity Min.ASTM I475 t.08
Tensile strength, die C dumbbell, psi,
minimum
ASTM D4I2 (')500
Swelling in rejuvenating agent, Yo
maximum; 48 hours exposure @ 104'F
ASTM D47I(2)
Modified
40%
intact film
(l) Tensile Strength Determination: Samples for testing for tensile strength in accordance
with ASTM D4l2 shall be cut using a die dumbbell at a crosshead speed of 20 in/min.
(2) Latex Testing: Suitable substrate for film formation shall be polyethylene boards,
silicone rubber sheeting, glass, or any substrate which produces a cured film ofuniform
cross-section. Polymer film shall be prepared from latex as follows:
Resistance to Swelling: Polymer films shall be formed by using a 50 mil drawdown
bar and drawing down 50 mils ofthe latex on polyethylene boards. Films shall be cured
for 14 days at 75"F and 50% humidity. Samples for resistance to swelling in
rejuvenating agent shall be l" by 2" rectangles cut from the cured film. Cut at least 3
specimens lor each sample to be tested for swelling. Fill 3- 8 oz ointment tins with at
least a /2" deep of rejuvenating agent. Swelling samples shall be weighed and then
placed in the ointment tins on top ofthe rejuvenating agent. Then, add at least another
%" deep of rejuvenating agent over each ofthe latex samples. The ointment tins shall
be covered and placed in an oven at I04'F for the specified 48 hours +/- l5 minutes.
The ointment tins are allowed to cool to 75'F and then the latex films are removed from
the tins. Unabsorbed rejuvenating agent is removed from the intact latex film by
scraping with a rubber policeman and blotting with paper towels. If the latex film does
not remain intact during removal from the tins or while removing the unabsorbed
rejuvenating agent the sample shall be rejected. After the rejuvenating agent is
removed from the samples they are then weighed. Percent swelling is reported as
weight increase ofthe polymer film; report mass increase as a percent by weight ofthe
original latex film mass upon exposure of films to the recycling agent.
Table 5: Tests on Rejuvenating Agent Requirements
Test on Rejuvenating Agent Test Method Requirement
Viscosity, 140F, CST ASTM D-2I 70 50- I 75
Flash Point. F. COC ASTM D-92 380 M in.
Saturate, o/o by wt.ASTN,I D]006.70 30 Max
2
1
Asphaltenes ASTM D2OO6-70 1.0 Max.
Test on Residue ASTM D2872
Weight Change, %ASTM D2872 6.5 Max.
Viscosity Ratio (RTFO/Original)ASTM D2I70 3 Max
The Contractor shall provide current test results and a Certificate of Compliance for emulsified
recycling agent atthetime of mix design submittal and for each load delivered to the jobsite. During
cold in-place recycling operations, the Contractor shall obtain two l-liter samples of emulsified
recycling agent from each load delivered to the project. One sample shall be used for the Contractor's
quality control testing. The remaining samples shall be delivered to the City Engineer at the end of
each working day. Emulsified recycling agent shall be sampled in plastic containers that are clean,
dry, and properly sealed. The Contractor shall also "sieve test" each load of emulsion before
accepting delivery. Any load which does not pass the sieve test shall be refused and not incorporated
into the work.
B-19.02 Crushed RAP - The stockpiled RAP shall be crushed and screened as necessary to conforrn
to the following gradation prior to the addition of the emulsified recycling agent:
Sieve Percentage
Size Passing
l -lnch
200
Rubberized crack filler, pavement markers, loop wires, thermoplastic markers, fabric and other like
materials that may be incorporated into the RAP as it is removed from the roadway shall be removed
by the screening process. A minor amount of these residual materials that cannot be completely
removed from the processed RAP may be incorporated into the recyc led mix if the Contractor can
demonstrate that those added materials will not adversely affect the performance of the recycled
asphalt pavement. Any such materials retained in the mix shall be appropriately sized and blended
so as not to adversely affect the appearance or strength ofthe recycled pavement.
Crushed and screened RAP shall not be stockpiled for longer than l0 days or in stockpiles greater
than l5 feet in height that may, through the weight ofthe stockpile, reconsolidate the crushed and
screened RAP. Water shall be added to the RAP as it is screened and crushed to abate dust and
mitigate reconsolidation.
B-19.03 Water - Water may be added to facilitate the uniform mixing of the emulsified recycling
agent and the processed RAP. Water added to the recycled asphalt concrete shall be potable, clean
and free from deleterious concentrations of acids, alkalis, salts, sugar and other organic or chemical
substances. The water shall not contain an amount of impurities that will cause a reduction in the
strength of the recycled asphalt concrete. Ifthe water is ofquestionable quality, it shall be tested in
accordance with AASHTO T26.
B-19.04 Additives - [fnecessary other additives such as cement or lime, in a dry or slurry form may
be added to the recycled pavement mixture to meet the requirements of Table I and to aid in curing
100
<5
and early strengh gain. Any recycling additives used including t)ipe, source and percentage used
shallbe described in the job mix lormula submittal. Include the process for incorporating a recycling
additive into the CCPR mixture in the job mix formula submittal.
B-20.00 Construction Methods
8-20.01 Weather Limitations - Recycling and placement operations shall not be performed during
wet conditions or if rain or cold conditions (less than 45'F) arc imminent or predicted to exist at any
time. "lmminent or prcdicted" is defined as being forecasted within a 48-hour period on the National
Weather Service Web Site http://www.wrh.noaa.eov for the most representative and nearest location
listed where recycling is to begin and end.
Recycling and placement operations shall not be performed unless the ambient temperature is a
minimum of 45'F and unless the National Weather Service Web Site forecasts that the ambient
temperature will be a minimum of 60'F within 3 hours after the stan of placement operations and will
remain above 60'F throughout the recycling operation until all initial compaction and protection
efforts have been completed for that day's run.
Recycling mixing operations shall be ceased ifactual ambient temperatures drop below 60oF
any time after the initial 3-hour window following start-up. In the event CCPR pavement is placed
and weather conditions deteriorate soon after, it is then a requirement that all traflic stay off the
recycled mat until weather conditions improve (temperature rises and humidity drops) and the
recycled section has "cured" sufficiently for secondary compaction to take place in accordance with
the Cure and Maintenance requiremens ofthis specification. The Contractor will be responsible for
maintaining and protecting the rccycled surface. Any recycled asphalt surfacing damaged by
inclement weather shall be replaced by the Contractor at the Contractor's expense as directed by the
City Engineer.
8-20.02 Full Depth Asphalt Removal - Shall be in accordance with Section 300-l ofthe Standard
Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any
subgrade materials to the asphalt millings. Asphalt shall be removed separately from the removals
of base or native materials as to not contaminate the asphalt millings.
8-20.03 Suberade and Surface Preparation - Prior to placing recycled pavement the subgrade
soils/base shall be properly prepared, moisturc treated and compacted to a minimum of 95 percent
relative compaction based upon ASTM D 1557 so as to create an evenly gmded, unyielding surface.
Ifthe recycled pavement is to be placed on an existing milled pavement surface it shall be verified
that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the
milled surface that might compromise the integrity of the recycled pavement. When CCPR pavement
is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, swales, planters,
etc... these contact surfaces shall be swept ofall loose material to crcate a dry clean surface. A tack
coat of SS-lh emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard
minimum) shall be applied to all surface areas prior to placing the recycled pavement. CCPR
pavement is not recommended as a direct overlay on existing asphalt pavement without first milling
the underlying pavement to aid in bonding and to prevent slippage. Successive layers of recycled
pavement may be paved without milling but requires that each layer be fully cured and compacted
before placing the overlay section. See "Placement" in these specifications.
8-20.04 Mixine and Proportionins - The recycled material shall be processed through a material
sizing unit having screening and crushing capabilities to reduce the RAP to the maximum size of l-
inch without producing "fines" passing the No. 200 sieve in excess of 57o prior to mixing with the
emulsified recycling agent.
After crushing and sizing, the recycled material shall be processed in a mixing unit capable of
processing the sized RAP, emulsified recycling agent, water and any additives to a homogeneous
mixture to produce recycled asphalt concrete. The mixing unit shall be equipped with a belt scale for
the continuous weighing ofthe RAP and a coupled/interlocked computer-controlled liquid metering
device. The mixing unit shall be an on-board completely self-contained counter rotating twin shaft
pugmill appropriately rated by the manufacturer for the production levels used by the Contractor. The
liquid metering device shall be capable of automatically adjusting the flow of emulsified recycling
agent to compensate for any variation in the weight of the RAP introduced into the pugmill.
Emulsified recycling agent shall be metered by weight ofRAP using a mass flow, coriolis effect, type
meter that will accurately measure the amount of emulsified recycling agent to within 0.5 percent of
the amount required by the mix design or as adjusted in the field and approved by the City Engineer.
Other additives, including water as required, shall be controlled and metered using the weight ofthe
RAP introduced into the pugmill. Additives may be introduced volumetrically or by weight per the
mix design. The CCPR Contractor shall calibrate and verify the accuracy ofthe recycle plant not
less than five days before recycle operations are to begin.
Automatic digital readings shall be displayed for both the flow rate and total amount of RAP,
emulsified recycling agent, and additives in appropriate units ofweight and time.
The emulsified recycling agent, additives and water shall be incorporated into the graded RAP at the
initial rate determined by the mix design and approved by the City Engineer. The total water content
shall include that amount present in the stockpile and additional mixing water at the pugmill if
required. Adjustments in the rate of emulsified recycling agent, additives and water shall be
determined by the Qualified Technician and made as necessary based on the coating, compaction and
breaking properties of the recycling emulsion. Sampling variations and mix design may determine
the necessity ofdifferent levels of emulsified recycling agent and/or additives in various sections of
the project.
When a paving fabric is encountered during the cold planing operation, the CCPR Contractor shall
make the necessary changes in equipment or operations so that incorporation of the shredded fabric
in the recycled material does not affect the performance parameters of the recycled asphalt concrete,
or inhibit placing or compaction of the CCPR pavement. No fabric piece incorporated into the
recycled section shall have any dimension exceeding a length of 2-inches. The Contractor shall be
required to remove and properly dispose ofoversized pieces ofpaving fabric as directed by the City
Engineer. Similarly, loop wires, pavement markers, rubberized crack fill materials, thermoplastic
marking materials, milled concrete, and other materials that may be incorporated into the RAP
through the milling process shall be removed from the recycled material unless the Contractor can
demonstrate that minor amounts of residual materials that remain will not compromise the integrity
of the recycled asphalt.
8-20.05 Transportation - Trucks with smooth clean beds shall be used to haul the recycled asphalt
concrete mixture to the placement area. The loaded trucks shall deliver the blended material into the
paver within I hour of mixing or before the emulsion begins to break and set, whichever time is
earlier.
8-20.06 Placement - Recycled pavement shall be spread using a self-propelled paver having
electronic grade and cross slope control for the screed. The equipment shall be of sufficient size and
power (minimum l70hp) to spread the recycled material in one continuous pass, without segregation,
to the lines and grades established by the City Engineer and according to Plans. Heating ofthe paver
screed is not permitted.
CCPR pavement shall be placed to the finished thickness as specified by the City Engineer. A single
lift thickness shall be at a minimum compacted depth of 2-inches and not exceed a maximum
compacted depth of4-inches. Before placing any additional lifts, the recycled surface shall be allowed
to cure until the moisture of the material is reduced to 2.0 percent or less or has remained in place for
a minimum of l0 days without rainlall upon the City Engineer's approval. Compaction of the first
layer, and any subsequent layers to be overlaid shall be performed and verified per the Compaction
and Cureand Maintenance requiremens of this specification. Prior to installing any additional lifts,
contact surfaces shall be carefully swept ofall loose material to create a dry clean surface. A tack coat
of emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied
to all surface areas prior to placing any additional lifts.
When a pick-up machine is used for transferring the recycled material from a windrow to the receiving
hopper of the paver, the pick-up machine shall be capable of removing and transferring the entire
windrow of recycled mix in a single pass.
Handwork of CCPR pavement shall be minimized and care shall be taken to prevent segregation.
The wings ofthe paver shall be emptied regularly to prevent buildup and to minimize segregation.
B-20.07 Comoaction - Compacting the recycled mix shall be completed using self-propelled rollers,
with properly operating scrapers, and water spray systems. Rollers ofthe vibratory-steel drum and
pneumatic tired type shall be used. They shall be in good condition, capable of operating at slow
speeds to avoid displacement of the mixture.
Compaction operations shall start no more than l5 minutes behind the paver, unless the ambient
temperature is below 60 deg F. For each 5 deg below 60 deg F another l0 minutes can elapse before
rolling begins, or at the direction ofthe Qualified Technician and/or Engineer. The number, weight
and types of rollers shall be as necessary to obtain the required compaction. At a minimum the
following rollers shall be used:
o At least one pneumatic roller with a minimum gross operating weight of not less than
25 tons.. Tires on the pneumatic rollers shall be evenly inflated and matched in size and profrle
so as to maximize compactive effort.o At least one double drum steel vibratory roller with a gross operating weight of not les
than l0 tons with a minimum drum diameter of at least 60-inches.
Rolling pattems shall be established in the field by the Contractor and verified by the City Engineer
to achieve a maximum density determined by nuclear density testing. A rolling paftem for
compaction shall be determined such that no increase in density is shown on successive nuclear
density tests (per ASTM D 2950) for any additional passes ofthe compaction equipment once the
maximum density pattem has been identified ("break over point"). Nuclear density testing shall be
repeated throughout the time compaction is being completed to continuously verify the compaction
is achieving maximum density results by establishing a rolling vs. density chart that shows the
progress ofdensification from initial breakdown compaction through maximum obtainable density at
the break over point.
Care shallbe taken notto over compact the mat. A Qualified Technician shall be on site and observing
all compaction efforts, monitoring density gauge readings, and approving areas as they reach
maximum density. The minimum rolling pattem shall be as follows:
o Two complete coverages with the double drum steel vibratory roller immediately after
the recycled mix is placed, The first coverage shall be made without the vibratory unit
turned on and the second with the vibratory unit operating.
o Two complete coverages with the pneumatic-tired roller shall be made after the initial
passes of the steel roller.. Final rolling, before cure, to eliminate pneumatic tire marks and to achieve maximum
density shall be done by the double drum steel roller, either operating in a static or
vibratory mode.
The recycled mat shall be continuously observed during compaction efforts. If moisture cracking
occurs under the vibratory compaction mode, the vibrators shall be tumed offand static rolling only
applied. If moisture cracking ofthe mat continues under static steel rolling, steel drum compaction
shall cease, the mat shall be allowed to cure for a time in order for some moisture to escape, and
pneumatic rolling commenced, followed by steel rolling to iron out irregularities from the rubber-
tired rolle(s). This procedure shall be followed untilthere is no longer any displacement of the mat
observed by roller action on the recycled surface.
The selected rolling paftem shall be followed unless changes in the recycled mix or placement
conditions occur and a new rolling pattem is established at that time. Any type of rolling that causes
cracking, major displacement and./or any other type of pavement distress shall be discontinued until
such time as the problem can be resolved. Discontinuation and commencement of rolling operations
shall be at the discretion ofthe City Engineer.
Extra care shall be taken to ensure that aggregate from the recycled mixture does not stick to the
drums or wheels of the rollers. Watershall be uniformly applied to the wheels and drums, along with
mechanical means to keep aggrcgate from sticking. Sufficient water shall be applied to keep rollers
and tires clean, but not so much that water pools or ponds on the recycled surface.
Rollers shall not be started or stopped on uncompacted recycled material. Rolling pattems shall be
established so that starting and stopping shall be on previously compacted material or the adjacent,
existing surfacing.
8-20.08 Cure and Maintenance - After the completion of compaction of the recycled material, no
traffic, including that ofthe Contractor, shall be permitted on the recycled material for at least two
hours. This may be reduced if sufficient care is established for traffic that will not initiate raveling.
A log seal of dilute (l:l) SS-lh emulsion, emulsified recycling agent or equivalent (0.08 to 0.12
gallon per square yard) may need to be applied after initial compaction or after the secondary
compaction, as outlined below, to all areas opened to significant traffic depending on curing of the
CCPR pavement. If necessary to prevent pickup ofthe fog seal, the recycled pavement surlace shall
be covered with sand at a rate of 1.0 to 2.0 pounds per square yard. Excess sand shall be removed
from the pavement surface by careful sweeping. Sand shall be free from clay or organic material.
Fog sealing and/or sanding shall be initiated at the City Engineer's direction.
All longitudinal and perpendicular edges shall be ramped with temporary asphalt before it is opened
to traffic so there are no drop-offs.
After opening to traffic, the surface of the recycled pavement shall be maintained in a condition
suitable for the safe movement of traffic. Before placing the final surfacing, the recycled surface shall
remain in-place:
. For a minimum of 2 days and until there is less than 2.0 percent moisture remaining in the
recycled pavement mixture; oro A minimum of l0 days without rainfall.
8-20.09 Secondarv Comoaction - Two complete coverages (minimum), after gg19 and before
placing any AC overlay or other surface seal shall be conducted with the pneumatic and steel drum
roller. A rolling pattem shall be reestablished to determine the maximum density of final rolling.
Density of the recycled pavement shall be verified behind the secondary compaction by nuclear
density gauge. A rolling pattem for the secondary compaction shall be determined such that no
increase in density is shown on successive nuclear density tests (per ASTM D 2950) for any additional
passes ofthe compaction equipment once the maximum density pattem has been identified. Nuclear
density testing shall be repeated throughout the time secondary compaction is being completed to
continuously verify that the secondary compaction is achieving maximum density results. Care shall
be taken not to over compact the mat. A Qualified Technician shall be on site and observing all
secondary compaction efforts, monitoring density gauge readings, and approving areas as they reach
maximum density.
The Contractor shall protect and maintain the recycled surface from nuisance water, other deleterious
substances, and/or any other damage. Any damage to the completed recycled material shall be
repaired by the Contractor prior to the placement of new asphalt concrete or final surface sealing.
Areas damaged shall be excavated to the depth directed by the City Engineer and/or filled and
compacted with new asphalt concrete. All loose particles that may develop on the pavement surface
shall be removed prior to the final surface course. No direct payment will be made and costs shall
be included elsewhere for protection and maintenance ofthe recycled asphalt concrete pavement.
Prior to any overlay with asphalt concrete, the recycled pavement should be carefully swept of all
loose material to create a dry clean surface. A tack coat ofSS-lh emulsion, emulsified recycling agent
or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas.
B-20.10 Smoothness - The finished surface and grade of the recycled material shall be checked
regularly during placement using a level. The smoothness shall not vary more than % inch from a l0-
foot straight edge placed on the surface. The Contractor shall correct humps or depressions exceeding
this tolerance. High points may be trimmed if approved by the City Engineer in the field.
B-21 .00 Material Acceptance
B-21.01 Cradation - A sample shall be obtained for each 500 tons of RAP addition to verify the
maximum particle size requirement is being met. The first sample and every third sample thereafter
shall be compared to the gradation band determined during the mix design by performing a wet field
gradation for material passing the l-inch to No. 4 sieves. The CCPR Contractor shall adjust the
emulsified recycling agent as needed.
B-2 I .02 Emulsified Recycline Aeent - A Certificate of Compliance from the emulsion manufacturer
shall accompany each shipment to the Project. The CCPR Contractor shall perform a sieve test in
accordance with ASTM D 24M to verify the emulsion is stable prior to using each load. The
Contractor shall obtain two l-quan minimum samples of emulsified recycling agent from each load
delivered to the project. One sample shall be used for the Contractor's quality control testing. The
remaining samples shall be delivered to the City Engineer at the end ofeach working day. Emulsified
recycling agent shall be sampled in plastic containers that are clean, dry, and sealed. Each sample
shall be labeled with the date and time sampled and the bill of lading number from the delivery
vehicle. Emulsion samples shall be retained and protected from damage or contamination by the
Contractor until the project is accepted.
B-21.03 Emulsified Recvcline Aeent Content - Emulsion content shall be checked and recorded for
each segment in which the percentage is changed. Emulsion content changes shall be made based
upon if coating and adequate dispersion is not being achieved and if the mix design indicates the
CCPR pavement will be stable. Emulsified recycling agent content shall be checked from the belt
scale totalizer and asphalt pump totalizer, verified by the delivery weight tickets.
B-21.04 Additives - A Certificate of Compliance from the additive manufacturer shall accompany
each shipment to the Project.
B-21.05 Additive Content - Additive content shall be checked and recorded for each segment in
which the additive is used per the mix design. Additives shall be checked from the belt scale totalizer
and verified by the delivery weight tickets.
B-21.06 Recycled Material Comoacted Densitv - Wet density shall be determined using a nuclear
moisture-density gauge generally following the procedures for ASTM D 2950, backscatter
measurement. A rolling pattem shall be established such thar a maximum density is achieved with
the rollers specified, based on relative nuclear density readings.
B-21.07 Method of Measurement - Placement of the recycled asphalt concrete pavement shall be
measured by the square yards placed and accepted by the City Engineer for the depths specified in
these Specifications. Quantities of the produced CCPR pavement will be based on the belt scale
readings from the CCPR Contractor's mixing unit plus the amount of emulsified recycling agent and
additive(s) applied to and mixed with the processed RAP. Emulsified recycling agent and additive
weight shall be based upon certified delivery weight tickets less any unused portion and shall be paid
separately. Water used in this operation will not be paid for directly and shallbe considered subsidiary
to the bid item.
8-22.01 Payment - The unit price per square yard for full depth asphalt removal shall include full
compensation for all labor, materials, tools, equipment, quality control, traffic control, for doing all
work involved in removal and hauling ofasphalt to the central plant, for separating the base and/or
native soils from asphalt concrete mills, and for the removal and disposal of additional base and/or
native soils to obtain depths as specified in these Specifications, and no additional compensation will
be allowed therelore.
Payment for subsurface and surface preparation and removal of excess base or native soils shall
be considered as included in the contract price paid for full depth asphalt removal and shall include
full compensation for all labor, materials. tools, equipment, quality control, traffic control, for doing
all work, and no additional compensation will be allowed therefor.
Payment for setting up central plant and removal/disposal ofall excess RAP and cleaning up the
site at the completion of project shall be considered as included in the contract price paid for
Mobilization and Plant Setup and shall include full compensation for all labor, materials, tools,
equipment, quality control, transportation, traffic control, for doing all work, and no additional
compensation will be allowed therefor.
The contract price paid perton for CCPR shall include full compensation for all labor, materials, tools,
equipment, quality control, JITT, and incidentals; fordoing all the work involved in cold central plant
recycling, complete in-place; for mixing, blending, hauling, placing, and compacting the recycled
pavement mixture; for protection and maintenance ofthe recycled layer; for performing all QC testing
including mix design; for log sealing, sanding and sweeping if necessary; for obtaining measurements
and recording results ofall tests as directed by the City Engineer.
Emulsified recycling agent will be paid for at the contract price per ton for emulsified recycling agent.
No adjustment of compensation will be made for any increase or decrease in the quantities of
emulsified recycling agent required, regardless ofthe reason for the increase or decrease.
Additive will be paid for at the contract price per ton for additive. No adjustment of compensation
will be made for any increase or decrease in the quantities of additive required, regardless of the
reason for the increase or decrease.
8-23.01 Use of Citv Lot for Cold Central Plant - The Contractor may use the City owned vacant
lot (site) for the location ofthe Cold Central Plant. The site is located at 2190 E 55th Street. Vemon,
CA 90058, near the project site. The site is large enough to accommodate for temporary placing
of a Cold Central Plant (approximately 100 feet by 150 feet) for gradation and mixing, area for
stock piling cold recycled asphalt concrete material and area for transportation trucks staging as
necessary. The temporary use ofthe site will be available to the contractor at no cost.
Reclaimed Asphalt Pavement (RAP) cold planned from the local streets included in this project shall
be hauled to the City designated property/parcel. At no time shall City owned RAP material leave the
city limis. The RAP shall then be Cold Central Plant Recycled in accordance with these
specifications. Any RAP left over after processing the CCPR pavement forall the streets included
in the project shall be hauled to an approved asphalt recycling lacility. The cost associated with the
work described in this section shall be included in the appropriate bid item(s) and no extra
compensation will be paid to the Contractor.
8-24.01 New Asohalt 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 final 2" Cap/Overlay shall be Class C2 PG 70-10 with 2o/" Latex Additive and per the
specifications below. The asphalt concrete material shall include the following:
(l) Fractured faces ofcrushed rock shall conform to Standard Specifications 200-1.2.
(2) Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix.
(3) Minimum air void shall be 47o per Standard Specifications 203-6.4.3.
The Contractor shall inform the City ofthe name and location ofthe asphalt plant that will furnish
asphalt concrete to thejob sites. The City will schedule plant inspection on paving days for quality
control. The City will reject asphalt concrete load shipments from any other plants.
The Contractor shall establish designated asphalt truck routes and staging areas and shall
communicate these routes and areas to truck drivers prior to the arrival at the job site. The City
shall approve this plan five (5) days prior to paving.
The Contractor shall place diesel fuel on top of all manholes, valves and monument covers
immediately before the final asphalt pavement overlay. Feather join edges shall be made along
straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform
surface. Compacted edge along gutter shall be flush.
No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless
approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces.
No asphalt trucks shall utilize existing driveways for tum around.
Paving operations at the end ofeach day or night shall leave no joints parallel to the direction
of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt
concrete. The ramping shall be removed prior to paving.
Existing potholed asphalt concrete pavement and base thicknesses are shown on plans.
B-24.02 Latex Rubber Additive - This work shall consist of ad ding a2o/o latex rubber additive to the
asphalt concrete mix for the final 2" thick surface overlay shall be clrss C2-PG 70-10 in accordance with
the following provisions and the Standard Specifications for Public Works Construction, Section 203-
I0 "Latex Modified Asphalt Concrete":
A. Latex rubber shall be water based emulsified suspension ofStyrene/Butadiene Rubber
in liquid form.
B. Latex rubber, amounting to 2% by weight ofthe asphalt cement, shall be added at the
pug mill with the asphalt cement during the mixing cycle.
C. The Contractor shall submit the mix design to the City Engineer for approval prior to
use.D. Latex rubber may be added to the mixture in any method that will assure uniform
distribution, accurate measurement ofquantity of latex introduced. The latex shall be
introduced to the mix at the same time as the introduction of asphalt.E. The wet mixing cycle shall be 50 seconds.
Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement
with Latex and no extra compensation will be paid to the Contractor.
B-24.03 Tack Coat Application - A tack coat of SS-l h shall be applied at the rate of 0.l0 gallons
per square yard to all uniform thickness cold planed areas, between lifts of cold recycled asphalt
concrete pavement 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 sudace ofany course, if the surface is such that a satisfactory bond cannot be
obtained between it and a succeeding course. The cost offurnishing 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.
8-24.04 Asphalt Concrete Pavement Reconstruction - Remove and dispose existing asphalt
concrete pavement to a designated depth and re-compact top 6" of sub-grade to 95o% relative
compaction before constructing a new 8'' thick Crushed Miscellaneous Base (CMB) and 7" thick
asphalt concrete pavement base structure section with asphalt concrete Class B-PG 70-10.
The final 2" thick asphalt concrete overlay shall be Class C2-PG 70-10 with added 2%o latex rubber
additive.
B-24.05 Field Testine - The top six inches (6") of sub-grade and crushed miscellaneous base
material shall be compacted to a relative compaction of 95%, except under sidewalks, ramps and
driveways where the sub-grade shall be compacted to a relative compaction of 90%. All trenches
and sub-grade below six inches (6") shall be compacted to a relative compaction of 9002.
The asphaft concrete pavement compaction after rolling shall also be 95o/o. The City shall test for
the field density ofthe compacted asphalt concrete by using a properly calibrated nuclear asphalt-
testing device.
The Contractor shall notify the City 48 hours in advance when to schedule field relative
compaction tests. Failed compaction test areas shall be immediately removed and rephced at
Contractor's expense.
B-25.01 Adjust Manhole Frame and Cover-Allthe existing sewer, storm drain and water manhole
covers and frames within the limit ofconstruction areas shall be adjusted to grade after the street
resurfacing has been completed. The contractor shall coordinate with electrical and telephone
utility companies to raise their manhole frames and covers to grade. The unit price of raising
manhole frame and cover on asphalt pavement or concrete pavement shall be the same price.
The Contractor, as part ofthe paving operations, shall adjust all the utility (gas, water etc.) valves
and survey monuments as necessary at no cost to the City. The City will fumish new extension
sleeves when necessary and the Contractor shall install as directed by the City.
B-25.02 Double Adjust Manhole Frame and Cover - All the existing sewer, storm drain and water
manhole covers and frames shall be lowered before the grinding of the street and re-raise to the
finished grade after the construction of 2" thick asphalt concrete overlay (cap). The cost for both
lowering and re-raising (double adjusts) manhole frames and covers shall be paid only as a unit
bid item per manhole and no extra compensation will be paid to the Contractor.
The Contractor, as part of the paving operations. shall lower and re-raise (double adjusts) all
the utility (gas, water etc.) valves and survey monuments as necessary at no cost to the City.
The City will fumish new extension sleeves when necessary and the Contractor shall install as
directed by the City.
The Contractor shall free all the valve covers 300 feet ahead of the paving machine.
Immediately after rolling, the valve covers must be raised or lowered to new grade to insure proper
access. Existing valves must be exposed and accessible at all times. The valve covers that are
unable to be freed and raised during paving operations shall be marked on the new pavement or
tied to the existing sidewalk and the Contractor shall raise or adj ust the valve covers to the new
finished grade within a week with no cost to the City.
B-26.01 Traffic Sienal Modification - This project consists of traffic signal modifications at three
signalized intersections. Improvements consist of removal and disposal/salvage/relocation of
existing improvements, Installation of new signal pole and mast arm, replacement of existing
signal heads, replacement ofinternally illuminated street name sign panels, complete intersection
rewiring from cabinet to signal head & DLCS, fumishing and installation ofpull boxes, conduit
installation, loop detection replacement, painting ofpavement markings, construction ofhandicap
ramps and other modifications per plans. All work shall be in accordance with the 2010 edition
ofthe California Department of Transportation (Caltrans) Standard Plans and Specifications and
the 2014 edition of the Califomia Department of Transportation Manual for Uniform Traffic
Control Devices (MUTCD).
The locations ofthe work are as follows:
(l) Downey Road at Vernon Avenue (T5-2766) - Existing traffic signal improvements
(2) Downey Road at Leonis Boulevard (T3-2767) - Existing traffic signal improvements
(3) Downey Road at Fruitland Avenue (TS-2768) - Existing traffic signal improvements
(3) Santa Fe Avenue at 48rh Street (T5-2769) - Existing traffic signal improvements
All systems shall be complete and in operating condition at the time ofacceptance ofthe contract.
All concrete work shall be formed according to City of Vemon Standards. No wild pouring
allowed. All concrete classilications are according to Standard Specification for Public
Works Construction Section 201-1.1.2.
The costs for the modifications, completed in place and in working order, shall be paid for by its
respective intersection lump sum bid item cost, except for the installation ofthe new traffic detector
loops at the intersection approaches which shall be paid by traffic loop unit bid item.
Per Section B-2.02 Construction Hours, all traffic signal work will occur Monday-Friday between
the hours of 9:00a.m. - 3:30p.m. Rewiring shall occur on a Saturday and/or Sunday. Final tum on
will occur on a Saturday.
B-27.03 Undereround conduit construction - All existing utility lines shall be potholed prior to
any installation of the conduits. Conduits shall be placed a minimum of 30" below the street
surface.
8-28.04 Equioment List and Drawines - All incidental parts which are not shown on the Plans, in
the Specifications, and which are necessary to complete or modify the existing systems, shall be
furnished and installed as though such parts were shown on the Plans or specified in the
Specifications. The cost for fumishing and installing these incidental parts shall be considered as
included in the intersection lump sum bid price. All systems shall be in satisfactory operation at
the time of completion and acceptance of the Work.
B-29.01 Traffic Detector Loops - The traffic detector loops shall be 6' diameter,4" deep, round,
Type "E", according to the Caltrans Standard Plan ES-58 and shall be installed per the Los
Angeles County Bicycle/Vehicle Loop Detector Installation Standard Plan. Loops and "home
runs" shall be cut 4 inches deep with the stub out cut to match. Home run loops shall be spliced in
series and twisted at a rate of3 turns per foot. Cut out, deburr, and place new 4 inches deep threaded
ring for stub out.
The cost offurnishing and installation ofnew traffic detector loops and "home runs" complete in
place and in uorking order must be included in its respective intersection lump sum bid item cost
and no extra compensation will be paid to the Contractor.
B-30.01 Stripine lmprovements - Fumishing and installing traffic striping, pavement markers, and
pavement markings (legends) shall conform to Section 214 of the STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" (2015 Edition
and supplements) and/or the provision in Section 84 "Traffic Stripes and Pavement Markings",
and in Section 85, ''Pavement Markers" ofthe Caltrans Specifications. The Contractor shall layout
(cat track) all striping within one week after the placement of the final paved surface. Once
approved by the City, the striping of allthe streets shall be installed with Thin-mil thermoplastic
traffic stripes and pavement markings. The Contractor shall fumish the necessary control points
for all existing striping and legend marking prior to removing them. Traffic striping shall be placed
upon the finished asphalt concrete or PCC pavement surface according to the plans. Crosswalk
markings at adjacent approaches to the improvements shall be restriped as noted on tralllc striping
plans. The Contractor shall be responsible for the completeness and accuracy ofthe layout and re-
striping to the satisfaction ofthe City. A blue retro reflective raised pavement marker per Caltrans
Traffic Manual Section 6-03.4, Figure 6-44 shall be placed on new asphalt pavement at all fire
hydrant locations. The contractor shall place temporary striping tabs before the street is opened up
to traffic. The Contractor shall also install pavement markers according to the striping plans.
Prior to the installation of the trallic signal loops, the contractor shall layout the proposed
crosswalks, The cost of preparing layout and fumishing control points must be included in the
respective lump sum bid item, and no extra compensation will be paid to the Contractor.
B-31.01 Paint Materials - Furnishing and installing traffic striping, pavement markers, and
pavement markings (legends) shall conform to Section 214 of the STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" (20t5 Edition
and supplements) and/or the provision in Section 84 "Traffic Stripes and Pavement Markings",
and in Section 85, "Pavement Markers" ofthe Cal Trans State Specifications.
Thin-mil thermoplastic traffic stripes and pavement markings, and thermoplastic crosswalks and
limit lines shall conlorm to the provisions in Sections 84-l, "General," and 84-2, "Thermoplastic
Traffic Stripes and Pavement Markings," of the CSS and these special provisions.
Specifications for glass beads shall be "80 l0-004 (Type II)." Glass beads shall be premixed within
the thermoplastic material prior to application and also applied to the thermoplastic striping
material immediately following the application of the striping.
Thin-mil thermoplastic material shall conform to the requirements of Caltrans Specification No.
PTH-O2SPRAY, for Thermoplastic TralIc Striping Material, Sprayable, White and Yellow. The
binder material shall be Alkyd. Copies of the Caltrans Specification No. PTH- 02SPRAY are
available at the Caltrans Transportation Laboratory, Sacramento, Califomia. Thermoplastic
material shall conform to the requirements of Caltrans Specification No. PTH-02ALKYD.
Thin-mil thermoplastic material for traffic stripes shall be applied by spray method in single
uniform layer at the minimum thickness of 30 mils and not to exceed 45 mils.
Thin-mil thermoplastic malerial shall be applied to the pavement at a temperature between 350" F.
and 400" F., unless the manufacturer recommends a different temperature.
The Contractor shall adjust the thermoplastic application rate as necessary to achieve the
thermoplastic application rate stated above prior to striping. Thermoplastic application rate tests
(up to and including 5 thermoplastic applicarion rare tests per day, including the thermoplastic
application rate test at the start ofeach workday) may be conducted at random times and locations
throughout each workday at the discretion of the Engineer.
Beads Materials:
l. Beads shall be colorless and free from milkiness.
2. No.3 beads shall be used.3. Beads shall be kept in a dry storage to prevent moisture absorption.
4. Beads shall be applied uniformly at the rate offive (5) pounds to seven (7) pounds of
beads per gallon ofpaint.
5. Beads shall be uniformly heated to not less than eighty (80) degrees Fahrenheit when
applied.
The cost of all paints, beads, other material and equipment required to complete the job must be
included in the respective lump sum bid item, and no extra compensation will be paid to the
contractor.
B-32.01 Tesrine - The paint application rate shall be determined by passing the striper over a metal
plate while the paint application system is operating. The flow of glass beads shall be stopped
while passing over the metal plate. The Engineer or representative shall measure thickness ofthe
applied thermoplastic immediately after application of thermoplastic on the metal plate. Striping
shall not continue if the proper thickness of thermoplastic is not being applied. Adjustments and
corrective measures shall be applied to insure that the correct thickness of thermoplastic will be
applied. Testing of the thermoplastic application rate, as described above, will be required
following any adjustment to the thermoplastic application rate, thermoplastic applicator nozzles,
or any other thermoplastic application equipment prior to commencement or re-commencement of
striping. The initial testing and re-testing ofthermoplastic application rates at any location shall be
considered as a single thermoplastic application rate test.
B-33.01 Removals - Existing striping, double yellow, two-way left tum, white 8 and 4 inch lane
lines, pavement markings and crosswalks shall be removed at the following locations:
I . Vernon Avenue from Soto Street to Downey Road.
2. Leonis Boulevard from Pacific Boulevard to Downey Road.
3. District Boulevard Downey Road to Atlantic Boulevard.
4. Alameda Street from 27d Street to Slauson Avenue.
All conflicting striping within limit of project shall be removed even if not shown on the plans.
Removal of traffic stripes, pavment markings and crosswalks shall be removed by grinding with
the Engineer's approval. Existing traffic stripes shall be completely removed to the satisfaction of
the Engineer. The contractor shall remove any existing raised pavement markers and repair any
damaged pavement due to RPM removal to maintain a smooth and uniform surface per SSPWC
Section 302-5.6.2. The existing street striping shall be removed:
8-34.01 Temporarv Strioine - The Contractor shall install temporary traffic striping tabs on the
same day(s) ofthe cold planning, overlay and slurry seal before the lanes are opened to traflic. The
cost of all the temporary striping and incidentals to the various project sites must be included in
the various bid items, and no extra compensation will be paid to the contractor. All temporary
striping shall be removed prior to the final striping.
II-35.01 Coordination with Railroad
The Contractor shall coordinate with the Railroad Companies for the asphalt concrete
removal and asphalt paving in and around the Railroads right-of-way. Asphalt concrete removal
and repaving will be paid under the corresponding bid items. Adjusting (raising or lowering) of
existing rails grade are not involved in this project.
After existing asphalt concrete removal between and around the Railroad Tracks have been
completed, the asphalt concrete pavement between the rails shall be repaved immediately to
finished grade of the tracks to rhe city Engineer's satisfaction. The co;tractor shall provide
"slow Bump Ahead" signs at all railroad crossings and join lines within the project
boundaries.
All other extra costs that may incur by the Contractor while working in and around the
Railroad right-of-way shall be included in the various bid items and no extra compensation will
be paid to the contractor. The costs may include, but not limited to flagmen, ag.ei."nts, truffic
control, inspections, co-ordination, overhead, remobilization, sign and downtime.
II-36.01 Rubberized Slurr), Mix
GENERAL
All work shall be in accordance with this specification and as approved by the Engineer.
The completed rubberized emulsion-aggregate sluny (REAS) seal shall leave a homogenous mat,
adhere firmly to the prepared surface, and have a skid resistant surface texture. All work shall be
in accordance with the "Greenbook", Standard Specifications for Public works construction,
latest edition, unless otherwise described herein. All work shall be done in a workman-like manner,
within the prescribed time limits, and as directed by the engineer. As used throughout this
specification, the term "Engineer" shall mean the Director of Public Works or his designated
representative.
Contractor must ensure coordination between the slurry sub-contractor, the tralTic control
sub-contractor and the striping sub-contractor to ensure a smooth and clean job.
BU,BEERIZED E!4ILLSION.AGGREGATE SLURRY (REAS) SEAL. CENTRAL PLANT
TYPE II
EXHIBIT C
LIVING WAGE PROVISIONS
Minimum Livino Waoes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits,
or $11.55 per hour without health benefits.
Paid and Unoaid Davs Off:
Employers provide qualifying employees al least twelve compensated days off per year for sick leave, vacation, or
personal necessity, and an additional ten days a year of uncompensated time lor sick leave
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the employer's
compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer
for back pay, treble damiges for willful violations, and attorney's fees, or to compel Cily officials to terminale the
seNice contract of violating employers.
D
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
contractor certifies and represents that, dunng the performance of this Agreement, the contractor and each
subcontractor shall adhere to equal opportunity employment practices to assure that applicanls and employees
are treated equally and are nol discriminated againsl because of their race, religious creed, color, national
origin, ancestry, handicap, sex, or age. contractor further cerlifies that it will noi maintain any segregaled
facilities.
Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or
on behalf of Contractor, state that it is an 'Equal Opportunity Employer" or that all qualilied ipplicants will '
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
Contractor agrees lhat it shall, it requested to do so by the Crty, certify that it has not, in the performance of this
Agreement, discriminated against applicants or employees because of their membership in a protecled class.
contractor agrees to provide the city with access to, and, if requested to do so by city, through its awarding
authonty, provide copies of all of its records pertaining or relating to ils employment piactices, except to thj
extenl such records or portions of such records are confidential or privileged under state or federal iaw.
Nothing contained in this Agreement shall be construed in any manner as to require or permil any act which is
prohibited by law.
EXHIBIT E
CITY STANDARD PLANS
F
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EXP JT BCR BCR EXP JT
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INOTES:
CURB AND GUTIER
1. WEAKENED PLANE JOINTS SHALL BE USED AT REGULAR INTERVALS
10 FEET IN WALKS AND 20 FEEI IN CURB AND GUTTERS
2. /1" EXPANSIoN JoINT FELT SHALL BE PLACED AT 60' INTERVALS
IN CURB, GUTTER AND WALK, AT THE BCR AND ECR, AT ORIVEWAYS,
AND AROUND UILIry 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' WIDE BY 14" SECTION OF PAVEMENT ALONG THE EDGE
OF THE EXISTING GUTIER. RE-COMPACT BASE OR SUB-GRADE
AND CONSTRUCT 8" AC OVER 6" CMB. ASPHALT SHALL BE FLUSH WITH
GUTTER.
STANDARD SIDEWALK, CURB, AND GUTTER
CITY OF VERNON, CALIFORNIA
PUBLIC IVORKS DEPARTMENT
MAY 2017 PV 582
CURB
s
f(1oo nta)
DOU,EL(rYP) .
CURS LINE
SIEPS
OPNONAL SUBGRAOE
SECTION A_A
DOHEI- (rt")
PLAN
E
€
DOWEL DETAIL
A o 12' tlln O 3m mm)EAo{ waY----:
2 EXIRA a.t (Ji 3M)
oa.r 2 srDEs S
MANHOLE FRAUE
6' (20o mm
t4 (rr3r.r
STRUCTURAL DATA
WALL AND SLAB DIMENSIONS AND
REINFORCEMENT REQUIREMENTS
R
E
I
N
F
o
R
E
t/
E
T
R
E
a
U
I
R
E
o
E
I
N
F
Rc
E
M
E
N
T
R
E
ou
I
R
E
o
0R B > +'(1.2 m) SEE PL NS
STANDARD .PLANS FOR PUBLIC WORKS CONSTRUCNON
CURB OPENING CATCH BASIN
NOTES:
1. !V!qRE THE BASN IS TO BE C_O.N9IEUCIED WTHIN THE UMITS OF EXISTING OR PROPOSEDSIDEWALK OR IS CONTIGUOUS TO SUCH SIDEWALK, THE TOP SLAB Oi TTIE EAEr'I'T MAV -EE'
iguIt_Eq-ELrllER !ONqL|THIC- yt]H ME SIQEWA!_K OR sEpARArELy. USTNG rHE SAME CLASSqi-gg{gRElE As rN rHE BAgrN.. wH-El.l poUREo MoNou-rHiCrr_r_y, 'mi'Eioeiliuf i'iiLl-dtiBgqQF p _!!IH 4 !E^(ENED eLANE oR t .r. (za mml-oEEF Sa-nrcu f connNuoUSr-i iituilbTHE EXIERNAL PERIMETER OF IHE CATCH EASiH *(-LS,_iNCI-UOINC A-CNOSS_TXE' rijTi-ii'OrX9i. IEE soEwALX. suRFAcE_ oF- A_+ _Er(posED coNcRErE qL44 co-NFoRM rN sLopE. GRAbE,coLoR, FrNrsH, ANO SCORTNG ro exsrNc oR FRopoSeD cune aNb wilk roJAcLNt lci'*rrBASIN.
2. ALL CURVED CONCREIE SURFACES SHALL BE FORMED BY CURVED FORMS. AND SHALL NOT BESHAPED BY PLASIERING.
3. 1 STEEL IROWEL FINISH AND SHALL HAVE A LONGITUDINALUM AND '1:3 MAX|MUM, EXCEPT WIERE THE GUTIER GRADELollctruDtNAL slopE 'oF rne ruoirc-sAlll-EE -" -""'. SLOPE FLOOR FROM ALL DIRECTIONS TO TH' OUTLET.
4. DIMENSIONS:
B = J'-2' (970 mm)v = THE DIFFERENCE rN ELEVATON BETwEan rHE Top oF rHE cuRB AND THE TNVERT oFTHE CATCH BASIN AT THE OUTLET = +,S' (i.SS M).Vrr= THE DIFFERENCE lN ELE-vATloN BETVTEEN rHE Top oF THE cuRB AND THE TNVERT AT-#'"3HT,.8U,.S8^pLJ8i""a?,i!.q,%$t.1"'F^gEiE[,y$*.i#._*i'diinLfeNrs
vr - ME DIFFERENCE lN ELEVATION BETITEEN rHE Top oF rHE cuRB AND lHE |N\ERT oFTHE INLET, NOTED ON THE PLANS.
H = NOIED ON IHE PLANS.
W - NOIED ON IHE PLANS.
A = THE ANGLE, lN DEGREES. TNTERCEPIED By IHE CENTERLTNE OF THE CONNECTOR ptpEANDIHEcATcHBAslNwALLTow!llcHTHEcoNNEcToRptpetslrrlcxeo
CATCH BASIN CONNECIION IN ANY CASENS MAY BE CONSTRUCTED TO AVOID
6. SIEPS SHALL BTHEY SHALL BE IH THE SIEPS,
BE sPAcED ,2- srEPS .HALL
MANHOLE AND P IHE TOP OF THE50 mm).
7 q9!E!.S ARE REQUIREO AT EACH CoRNER AND AT 7, (z m) ON CENTER (MAX|MUM) ALoNG rHEBACKWALL.
A. THE FOLLOHNG SPPWC ARE INCORPORAIED HEREIN:5O8 MONOLITHIC CATCH BASIN CONNECTION3O9 CATCH BASIN REINFORCEMENTItg cATcH BASTN FACE PLATE ASSEMELY AND PROTECIION BAR312 CATCH BASIN MANHOTE FRAME AND COVER635 SIEEL STEP636 POLYPROPYLENE PLASTIC STEP
STANOARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB OPENTNG CATCH BASIN
Iternote Anchors
o(,o
o
3E
!3oLZoo.ooo %o'x lO' Rollec, PloteFoundrY A-3911 APexor equol. golvonized
hole in plote
(ASTM
Steelboth
436. AlhonbroCoroorotlon x412
si(,Gis). forrEd osBotter tconfor m
od joining
curb 1yp.r%;a
Protectlon Bor. see
'O StlrruP
Note
Support Bolt
lz' O Ancno, s,8'ofter weld Plote
Alternot6
I
t'rAnchors
It'
hole ln plote
T r'A'
5/a ' Gotv.Steel Eyebolt
NOTE:
,a" Vr'O x 8- Stud shollbe 6lectrlcollY welded. A
Nelson H4F Sheor Connectoror equol sholl be used.
FACE PLATE ANCHORA
AND CURB SUPPORT D
Length ofCurb opening
No. ofAnchors
3'-6' or less 2
7',-A'3p'-a'4
t4'-O'5
2t -O"T
COUNTY OF OMNGE,
Revision: April2013
oc PUBLIC WORKS DEPARTMENT
Approved
STD. PLAN
1306
SHT. 1 OF 3-7MISCELLANEOUS CURB INLET DETAILS AND NOTES\
Curb
EYEBOLT AND ALTERNATE
Angle
Curb
to firctch
Foce t'
2/z'
r
tYz'x t%'
Foce Plote
Angle
lz ' Colv.
Stlrrup Protsctlon Bor
l' Suppor t Bolt
DE TAIL
3/q' O Prolec+ion 7s.,
Top of
l0'Golv.
Foce
SteelPlote
Support Eoltsos neoded
Curb llne
COUNTY OF OMNGE, OC PUBLIC WORKS DEPARTMENT
Approved
Revision April2013
STD. PLAN
1306
SHT. 2 OF 3-;
MISCELLANEOUS CURB INLET DETAILS AND NOTES
Vz' O ot 3'-6' oc
PROTECTION BAR DETAIL
..;.1.t'o'1
.4. 6 .' r. a. 'a
.. a. a . a
NOTES:
l. one eyebolt sholl bo ploced 12 lnches from Eoch end of foce plote.
2. Eyebolts sholl be syrflrEtricolly spoced ln the curb openlng so thot the
unsupported spon Is not fipre thon 4 feet: supporf bolts. when used'
should be consldered os eyebolts ln the spoclng.
3.one coupling sholl be ploced 5 lnches to the rioht or left of eoch eyebolt
vlth the exceptlon of the lost eYebolt. Coupllngs sholl be threoded to
focllitote reflDvol of protectlon bor.
4. Golvonlzed sfeel suDport bolts sholl bo lnstolled when length of curb openlnq
exceeds 7-foet ond sholl b€ spoced ot not rnorB fhon 7 feet on-center
ond not less thon 5 feet on-csnter.
5. Foce plote onchors sholl be unlformly spoced nof to exceed 4 feet betwe€n
centers ond shol De ptoced 4/z incnes from eoch end of ths foce plote. An
onchor sholl b6 ploced ov€r eoch w-beom In o grotlng lnlet.
6. A coupllng flEy be omltted provlded the prot€ctlon bor is renpvoble ofter
instollotlon.
7. AII fiEtol sholl be Oolvonlzed offer fobrlcotion.
8. Support bolts, oyebolts, ond onchors ,IEY be oftoched by o full pensfrotion
butt weld os on olternote.
9. ptoce o ,/t -hcn dlo. protection bor horlzontolly ocross the entlre length
of the curb oponlng.
lo. see std. Plon 1307 for oddltlonol miscelloneous Inlet detolls ond notes.
tl. Curb section sholl trEtch odiocent curb tYpe.
12. Curb openlng sholl conform to curb ollgnfiEnt.
13. Height of curb opening will vorY with the tvpe of curb ond the depth of
the locol depresslon (Std. Plon 1308).
14. The ongte os shown on detoll A sholl b6 ollowed onlY when on ogproved plons.
COUNTY OF ORANGE, OC PUBLIC WORKS DEPARTMENT
Revision: Apnl2013
Approved
STD. PLAN
1306
sHT. 3 OF 3_/MISCELLANEOUS CURB INLET DETAILS AND NOTES
\-{J
MrN- 2412/r' BOX TREE
RUBBEF TRE ]IE(oR EOUrv.) FTGURE & STm
216' urN. LooGEPoLE
PINE SrAXE (OR EOUrv.)
SIOEWALK GRAOE
covPAclEo sotL Mtx WEE ROOI
BARRIER
6' OE t,/4' GRAVII
MIN- 2' PL iTNNG UIX
PI-AN VIEW SIDE VIEW
NOTES:
r. TREE Sl{rII BE rN 24- X 24'BOX lt{o HA\E ytNllruH Onto{stor{s oF a FT Htcll,
3 FT WIDE AT THE HEAD AT.IO A TRUNX OF 2 INCH.
2. TREE SPACINO IOO' OR PER CMY ENGINEER'S DIRECNON,
3. PLANT 25' [IIN, FROU g.C.R. AT INTERSECNONS.
4. PTANT 25' UIN. FROM EDGE OF ORr[ APPROACH.
5. PIANT IO' MIN. FROX UTIUTY ANO SEWER UNES.
6. P|-ANT 2l' tlrN. FROI STREEI UG|{I SI }IOAROS.
7. PLANI ,I5' UIN. FROT POWER POL€S.
6, PLANT IO' }.lIN. FROM RRE HTDRANTS.
9. ONE YEAR wr,RRlNTY FOR LOSS OR OAlr cE R€Ot |RED.
STANDARD TREE PI.ANTING
otY oa r,tilo|' c.rrjohaa@rxmlY sEi!/EE a urEF E inEarr iol 266
STANDARD PLAN
llv 1891
for
DOWNEY ROAD IMPROVEMENTS
in the
City of Vernon, Caiifornia
Bids are to be signed and submined in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of
sealed bids musibe received prior to 2:00 p.m. on March 15,20IE, by the City Clerk, City of
Vemon.4305 Santa Fe Avenue, Vemon, CA 90058, ("Bid Deadline").
All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title ofthe
bid and the 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 ACCEPIED. Bids must be received in the city Clerk's
OIIice 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 ai the Public Works Department Counter, City of Vernon, 4305 Santa Fe
Avenue, Vernon, beiween 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable
fee of520.00 will be charged if mailing is requested by calling (323) 583-8811'
Pre-Bid Meeting:
A pre-bid meeting ro answer any questions regarding the project plans and specifications is
scheduled for March 7,2018 at 8:00 a.m. in the Public Works Department, 4305 Santa Fe
Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans
and specifications.
Attendance is NOT mandatory.
City of Vernon Contact Person: Public Works DePartment
Attention: Vince Rodriguez, Public Works Project
Coordinator
Phone: (323) 583-881 I x220
Email: vrodriguez@ci.vemon.ca.us
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for
qualification.
General Scope of Work:
Contractor shall 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:
This project consists of a 6" deep removal of the existing asphalt pavement, adjusting to grade
manholes and valves and rejuvenation by mixing the removed asphalt wirh new emulsified
recycling agents, water and additives cold central Plant Recycling (ccpR) process. After curing
ofthe recycled asphalt, an overlay of2-inch thick latex modified asphalt concrete will be installed
on the streets per plans. In addition, removal and replacement ofdamaged curb, gutter, sidewalk,
driveways, and the installation of handicap access ramps will be completed per the plans. High-
Early. (8" thick) concrete approaches will be constructed at various interseciions. Tiaffic Signalrewiring will be done at three intersection and traffic modifications will be made at two
intersections. Channelization ofpaved streets shall include traffic striping and pavement markings.
The work shall be done in accordance with contract No. cs-0940, Downey Road Improvements.
In the event ofany conflicts, refer to the Procedure ofContract Documents contained in General
Conditions, Section I .10.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the
essential requirements for qualification. As panof the Bidder's statement of eualifications,
each Bid must establish that:
Bidder satisfactorily completed at least three (3) prevailing wage public contracrs in califomia;
each comparable in scope and scale to this Project, within three (3) years prior to the Bid
Deadline and with a dollar value in excess ofthe Bid submitted for this Project. In addition, ifthe
Bidder intends to self-perform the electrical traffic signal and striping work, Bidder shall satisfu
the mandatory qualifications described in the Specialty Contractor Statement ofQualifications
applicable to such Work and submit the completed forms with the Bid.
Subcontractors listed for the electrical traffic signal and striping work must satisfy the mandatory
qualifications described in the Specialty Contractors' Statements ofQualifications applicable to
the work to be performed by each Subcontractor and Bidder must submit the completed forms
with the Bid.
Other Bidding Information:
l. Contract Time: This Work must be completed within p calendar days from the date of
commencement as established by the City's written Notice to Proceed.
2. Amount of Liquidated Damaees: $ t .500 per calendar day.
3. Required Construction Stasine Phases, See Construction Traffic Control Section in the
Project Special Provisions.
4. Intermediate Completion Milestones Not a part of this contract.
5. Biddinq Documents. Bids must be made on the Proposal Form contained herein.
6. Ensineer's Estimate. An Engineer's Estimate of the cost of construction of this Work has
been prepared. Said estimate is in the range of$1,700,000 to S1,800.000.
8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to
award all or any individual part/item 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
performance ofthe Work, including full completion of all corrective work during the Correction
ireriod, Contractor must possess a Califomia contractor's license or licenses, current and active,
of the classification required for the Work, in accordance with the provisions of Chapter 9,
Division 3, Section 7000 et seq. ofthe 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 California
State License Board. In addition, if Bidder intends to self-perform electrical traffic signal
work and striping, Bidder must possess the following licenses: c-10, Electrical contractor
License and i-SZ, partlng and Highway Improvement License as applicable to such self-
performed Work. The Bidder will not receive a Contract award if at the time of submitting the
Lid, th. Bidd". is unticensed, does not have all ofthe required licenses, or one or more ofthe
licenses are not current and active. Ifthe 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 currenr 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 Listinq. Bidders must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and
the Bidder must provide all ofthe Subcontractor information that Section 4104 requires (name,
address, license number. and portion 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. ln
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 disqualiS any proposed Subcontractor. The
City's disqualification ofa Subcontractor does not disqualify a Bidder. In such case, prior to and
as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed
and qualified Subcontractor- r,r.ithout an adjustment of the Bid Amount. At the time of the Bid
Deadline and at alltimes during performance ofthe Work, each listed Subcontractor's license
must be current and active for the portion ofthe Work listed and shall hold all specialty
certifications required for such Work.
ll.
Authorizations. The City has applied and paid for the following Govemmental Approvals and
Utility Fees.
12. Bid Forms and Securitv: Each Bid must be made on the Bid Forms obtainable at the
Public Works Department. Each Bid shall be accompanied by a cashier's check or certified
check drawn on a solvent bank, payable to "City of Vemon," for an amount equal to ten percent
(10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety
Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may
accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will,
within fifteen ( l5) calendar days after the date ofthe award ofthe contract, enter into a valid
contract with the City for said Work in accordance with the Contract Documents.
13. Bid lrrevocability. Bids shallremain open and validforninety (90) calendar days after
the Bid Deadline.
14. Substitution ofSecurities. Pursuant to Califomia Public Contract Code Section 22300.
substitution of securities for withheld funds is permitted in accordance therewith.
15. Prevailins waqes. This Project is a "public work" as defined in califomia Labor code
Section 1720. Contractor awarded this Contract and all Subcontractors ofany tier shall not pay
less than the minimum prevailing rate ofper diem wages for each craft, classification, or tyfe of
worker needed to perform the work. The Director of Industrial Relations of the State of
Califomia, pursuant to the califomia Labor code, and the rates determined by the califomia
Director of Industrial Relations are available online at u u rr.dir.ca.sor,rDLSR.rpU'D.,.
16. Payroll Records. Pursuant to SB 854, contractor and any subcontractors shall fumish
electronic certified pay,ollrecords directly to the Labor commissioner (aka Division of Labor
Standards Enforcement).
I 7. 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.
Carlos Fandino
City Administrator
Dated:2/2112018 (Approved as to form by City Attomey)
Published: 31212018
City of Vernon
Instructions for Bidders
Proiect: Downev Road ImProvements
for the Department of Public Works
City personnel with whom prospective bidders will deal with are:
Vince Rodriquez. Public Works Department,4305 Santa Fe Avenue, Vemon, CA 90058 (323)
583-881 I Ext.220.
Bid opening date and time: March 15,2018 at 2:00 p.m. ("Bid Deadline")
Bids will be received and opened at the Office ofthe City Cterk, 4305 Santa Fe Avenue, Vemon,
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 REOUIREI}TENTS
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 of the Bid Deadline
and at all times during the performance of the Work, excePt as otherwise provided in
Califomia Business and Professions Code Section 7028.15.
2. INTDRPRETATION 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 lnviting Bids,
or other designated individual. All Bidders shall submit such wriften requests to
City not less than ten ( l0) 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.
J.
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 cost 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 rhe 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 Documenrs.
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. Include all Bid Forms, properly executed, and intact on forms provided. Enclose
the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for"
followed by the title and Specification Number and the date and time of rhe 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 ofVemon,4305 Santa Fe Avenue,
Vernon, CA 90058.
4.
E. Bids received after the Bid Deadline or at any place other than the Office of the
City Clerk will not be considered.
5. BID FORMS - AUTHORIZED SIGNATURES
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.
Sole Proprietorship: An individual shall sign.
Partnership (General or Limited): A partner shall sign for a partnership; the
partner shall give the names and addresses ofall partners.
Corporation: An officer shall sign for a corporation. The corporate name must be
attesied by the corporate seal. The names and titles ofthe president and all officers
of the corporation who are authorized to sign the Bid Forms must be listed in an
authenticated lncumbency Certificate signed by the corporate secretary. A
signature other than a corporate officer's will be accepted only if an authenticated
Incumbency Certifi cate is attached.
Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D,
based on their applicable situation.
6.BID FORMS _ SCHEDULE OF BID PRICES
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 of all mobilization, preparatory vvork 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.
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 totalor 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. If any Bid, or portion
thereof, is determined by the City to be illegible, ambiguous or inconsistent, City
may reject such a Bid as being non-responsive.
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
B.
C.
D.
E.
A.
B.
C.
any cause, or is omifted, or is the same amount as the entry for the item total, then the item total
shall prevail and shall be divided by the estimated quantity for the item and the price thus
obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall
be expressed in both words and figures, and in case of discrepancy between the two, the amount
written in words shall 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.BID SECURITY
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 99995.120 and 995.31 I) 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:VII,' 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 from 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 ofattorney from the surety company
authorizing the person execuring the bond to sign on behalfofthe company. lfthe
bonds are executed outside the State of Califomia, allcopies ofthe bonds must be
countersigned by a Califomia representative of the surety. The signature of the
person executing the bond on behalf of Surety must be acknowledged by a Notary
Public as the signature of the person designated in the power of attorney.
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 of the Contract. Bidders will be entitled to
return of Bid Security except when a successful Bidder forfeits its Bid Security. A
forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to
the expiration ofninety (90) calendar days after award ofthe Contractl attempts to
withdraw its Bid when the requirements of Public Contract Code $ 5l0l er 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 retumed to the original
lowest Bidder. If the City rejects all other Bids presented and re-advertises, the
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 untilposting by the successful Bidder ofthe payment and performance
bonds, proof of insurance, retum of executed copies of the Contract and necessary
certification(s), whichever first occurs, after which time the Bid Security will be
retumed to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the lorm 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 of the 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." Subcontractors listed for the
electrical traffic signal and striping work must satisfy the mandatory qualifications
described in the Specialty Contractor or Subcontractor Statement of Qualifications
applicable to the Work to be performed by each Subcontractor and Bidder must
submit the completed forms with the Bid. Notwithstanding the provisions of
Paragraph 22 herein, the Bidder's Statement of Qualifications and the Specialty
Contractor or Subcontractor Statement ofQualifications shall not be public records.
All information required by a Bidder's or Specialty Contractor Statement of
Qualifications shall be completely and fully provided. If no information is to be
filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's
Statement of Qualifications and Specialty Contractor or Subcontractor Statement
of Qualifications form completed with all information required may render the Bid
non-responsive. lf the City determines that any information provided by a Bidder
in the Bidder's or Specialty Contractors' Statement of Qualifications is false or
misleading, or is incomplete so as to be false or misleading, the City may reject the
Bid submitted by such Bidder as being non-responsive.
B. A responsible Bidder is a Bidder who has demonstrated the artribute of
trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily
perform fully the requirements ofthe contract documents. In selecting the lowest
responsible Bidder, consideration will be given not only to the Bidder's financial
standing but also to the general competency of the Bidder for the performance of
the work covered by the Bid including, but not limited to, the experience of the
Bidder in construction of public buildings for public agencies. By submitting a
9.
Bid, each Bidder agrees that the City, in determining the successful Bidder and its
eligibility for the award, may consider the Bidder's experience with similar types
of construction projects and facilities, conduct and performance under other
contracts, financial condition, reputation in the industry, and other factors which
could affect the Bidder's performance ofthe work.
DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. Onthe 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, rhe trade and type of work that the
Subcontractor will perform, the location (address) of the Subcontractor's place of
business, each Subcontractor's license number. and the dollar value of each
Subcontractor's labor or services. If additive Altemate Bid Items are included in
the Bidding Documents, the Bidder shall identify each Subcontractor performing
additive Alternate Bid ltems, when such Work - or the combination of base
Contract Work and Ahernate Work - exceeds one-halfofone percent of the total
Bid Amount.
B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during
performance of the Work, each listed Subcontractor shall possess a current and
active California Contractor's license appropriate for the portion ofthe Work listed
for such Subcontractor, and hold all specialty certifications required for such Work.
C. Disqualification ofa Subcontractor. The City has the right to review rhe 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 abour one
or more of the listed Subcontractors-including, but not limited to-a statement
detailing the Subcontractor's experience with pertinent information as to similar
projects and other evidence ofthe Subcontractor's qualifications. Ifrequested, the
Bidder shall provide the information to rhe 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.
10.
E. lneligible 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 ofeach and every listed Subcontractor and has determined that none is
ineligible to perform work pursuant to the above code provisions.
CONTRACTOR'S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty
of perjury, certifying that the Bid is not the result of and has not been influenced by
collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit,
or believed to be made in violation of the requirements set forth in the aflidavit form, may
be rejected.
INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the lnsurance
Requirements in this Specification and the Contract Documents. The insurance company's
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 fourteen (14) days after the Bidder's having been notified of
the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made
without this statement, or made with an incomplete statement, may be rejected.
EXAII{INATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORI(
A. The Bidder shall examine carefully the site of the Work contemplated and the
Drawings and Specifications. The submission ofa 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 if 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.
I l.
12.
13.PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for
comparing Bids, and no claim shall be made against the City for excess or deficiency
therein, actual or relative. Payment at the prices agreed upon will be in full for the
completed Work and will cover materials, supplies, labor, tools, equipment, and all other
expenditures incident to a satisfactory compliance with the Contract, subject to all
applicable provisions in the Contract and General Conditions.
PER]\{IT FEES
The City of Vernon shall obtain all Govemmental Approvals and Utility Fees as required
for the construction ofthe project. The Bidder shall not include the direct cost associated
with obtaining any permits and its fees, except as otherwise noted in the project
specifications.
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 ten
(10) 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 of a written
Addendum prior to the Bid Deadline or a Change Order approving the request after
Contract award, a request for substitution shall be deemed denied.
RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be retumed to the
Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted
Bids shall not be considered unless the Notice lnviting Bids expressly permits such means
of transmittal.
WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the
scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice
Inviting Bids. lfsuch 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 g 5 100, et seq. Bidder agrees by submitting a Bid
that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or
cancelled for a period ofninety (90) days after award ofthe Contract.
t4.
15.
17.
16.
t8.
z
OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after
the Bid Deadline has expired at the time and location listed in the Notice Inviting
Bids. A tabulation ofall Bids received will be available for public inspection at the
Office of the City Clerk located at 4305 Santa Fe Avenue, Vemon, CA 90058
during regular business hours for a period of not less than thirty (30) calendar days
following the Bid Deadline. The City reserves the right to accept or reject any or
all Bids and be the sole judge regarding the suitability of the products, services or
supplies offered; and/or to waive any irregularities or informalities in any Bids or
in the bidding process. The City further reserves the right to purchase all or fewer
than all items or quantities of each item listed in the Bidding Documents' The
award ofthe Contract, if made by the City, shall be to the lowest responsive and
responsible Bidder. If Bid Altemate ltems are called for, the lowest Bid shall be
determined according to Paragraph 20 below.
B. Evaluation of Bids.
l. Mandatory Qualifications. ABidshall 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
ofthe 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. The City's
disqualification ofa Subcontractor listed for the electrical traffic signal and
striping work does not disqualify a Bidder. However, prior to and as a
condition to a\r'ard of the Contract, the successful Bidder shall substitute a
properly licensed and qualified Subcontractor - without an adjustment of
the Bid Price.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material
respects, to the Bidding Requirements and Contract Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has
demonstrated the attribute of trustworthiness, as well as quality, fitness,
capacity and experience to satisfactorily perform fully the requirements of
the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder,
consideration will be given not only to the financial standing but also to the
general competency 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 submining 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
19.
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
of Bids will be made by the City within ninety (90) calendar days following the Bid
Opening.
BASIS OF AWARI)
A. A Contract will be awarded to the lowest responsive and responsible Bidder
meeting all requirements set forth in these Bidding Documents.
The City will award the Contract based on the lowest total ofthe bid prices on the
base bid and those additive or deductive items that when taken in order from a
specifically identified list ofthose items in the Bid Form and added to, or subtracted
from, the base contract, are less than, or equal to, a funding amount publicly
disclosed by the City before the first bid is opened.
B. City resewes the right in its sole discretion Io select any, all, or none of the Bid
Altemates at the time of award of the Contract, regardless of whether such Bid
Altemates 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. AII 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 I 3 of the General Conditions and in the form shown on Exhibits
1,2 and 3 attached thereto. All signatures must be notarized.
C. Properly executed policies of all of the following: (a) the Commercial General
Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional
Liability, if required, and (e) the corresponding endorsements for each policy in
accordance with the requirements set forth in Article l2 ofthe General Conditions.
ln the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for
20.
21.
22.
the State of Califomia, or on days when City Hall is closed, the aforesaid documents shall
be delivered by the following working day.
After receipt of said documents within said time period or any extension thereof granted
by the City, the City shall execute the Contract and return one (l) ofsaid 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 ofpublic record and shall be regarded as public,
with the exception of those elements of each Bid that are identified by the Bidder and
plainly marked as "trade secret," "confidential," or "proprietary," including any Statement
of Qualifications and financial statements to be submitted by Bidders. Each element of a
Bid which a Bidder desires not to be considered a public record must be clearly marked as
set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other,
non-specific designations) shall not be sufficient and shall not bind the City in any way
whatsoever. If City receives a request from a third party to make a Bid available for
inspection and copying, the City will notify the Bidder 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 of any such records or part
thereof.
Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel
for City), and hold harmless City, is 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 OFAPPRENTICE,S
A. Prevailing Wage Rates. The Bidderand all Subcontractors shall utilizethe relevant
prevailing wage rate determinations in effect on the first advertisement date of the
Notice Calling for Bids in preparing the Bid Proposal and all component price
quotations, provided, however, that when Davis Bacon wage rates apply, such rates
are subject to increase by wrinen 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 of the Department of Industrial Relations ofthe State of
California and the United States Secretary of Labor have determined the general
prevailing wage rates in the locality in which the Work is to be performed. Said
rate schedules are available on the Intemet at u u rr .dir.ca.sor lt) t-S Ri P'*'l)/. 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
23.
24.
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
Califomia Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to Califomia
Labor Code i 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 | 40) to the
appropriate local apprenticeship commiftees whose geographic area of operation
include the area ofthe Project and who can supply apprentices to the Project. City
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of
signing the Contract or subcontract, as applicable, the Statemenr 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
submining price quotations for portions of the Work ofthe 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 771 . 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 REQUIREMENTS25.
Special City forms and their instructions are an integral part of these specifications and
failure to submit same may be grounds, in the sole discretion of the City, for rejection of
any Bidder.
A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and
Subcontractors, if any, shall comply with the terms and conditions of Ordinance
No. 1187, the City's Living Wage Ordinance. Upon request, certified payroll
B. Documents shall be provided to the City. lf there is adifference between the Vemon
Living Wage rates and the Califomia Prevailing wage rates for the same
classification of labor, Contractor and subcontractor shall not pay less than the
highest wage rate for that classification.
C. Equal Employment Opportunity in Contracting. The City of Vemon is committed
to a policy of equal opportunity in contracting. Qualified firms including small
businesses and businesses owned by women. minorities, and disabled persons are
encouraged to submit bids or proposals. 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
supporting the Contract. Contractor certifies 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 Califomia Fair Employment and Housing Act (Califomia
Government Code Section 12900, et seg.), Califomia 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 pdql to the Bid Deadline;
3. Allother protests are to be filed and received by the City no more than five (5)
calendar days following the City's notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest,
including without limitation: all facts, supporting documentation, legal
authorities, and argument in support of the grounds for the Bid protest. All
factual contentions must be supported by competent, admissible, and credible
evidence.
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.
Bid Dispute lndemnification. In the event ofa 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.
IEND OF DOCUMENTI
Y/
ORIGINAL
BIDDING FORMS
Page 26 of l'12
BIDDER'S PROPOSAL
Tlr undeslgned submib hb Bij in respome to th l\,lolioe lnvilirB Bids bsued by tlE City to cofisfud ltE Work of
ItE bllo}vir'g P,qect in eccorrhnc8 with lhe Contrat Docr,.nenb:
PROJECT:
A. Erclosad herowilh and by his Eference ircorporated herein and made a pa of thb Blddsds Bld are the
lollowing compbted brflE:
1. Bidd€is Proposal
Z Schedub ot BiJ Pdces
3. lrcumbency C€flifcsto
4. 8il Securrty h the tullo*ing form (d€cf o.|e):
! Caneis Ctrcct E CermeO Ctrect E BE Bond E Cesh
5. Bidder's S:talsment ol QlaffEahlns
5. Expenence Form
7. Stalemonl of VioldiorE of Federal. State or Lmal Law, if appti;able
8. Specialty Co{tlr.f,to( Statemenl of Qualihcalirfls
9. Contractor Sdety Questionnaire
I 0. Desrgnalion of Subcmlretds
11 . ConHods Affdavil ol Noocdltaion
12. lNurarEe RequiErpnts Affd il
13. Statemenl d Elisqualtbation o. Debarrneflt.
l{. Pre-Bil Site lrEpectim Cedficatim.
B AclnowleQrEnt of Addenda. 'lhe Elidd€r shall atrrryle{e he receipt ol all Addeoda by atttrhir€ a signed
copy of allAddenda, and by lsting al Addenda rece$/ed dd attehed in he spm betow.
+\
lf an Addendum or Addenda hav6 b€€fl bsued by t're City a'rd nol attached and noled above as being mceived
by the Bidder, the Bii .nay be reiected.
C. lmpeciion of ihe Work and Contrdcl Docurnenls. Bidd€r c8rlifBs thal it has carelully e)GmirEd and is lully
Page 21 of 7'l ?
lamili witr) all ol the prorisims of fE Eijding Doorrnents and sitrj BildirE Docurnenls conlain sufrcient
detail regarding the Wort to be perfonned; that it has rEtified City of any enors or omissions in the Bidding
Docdments and/or any unusual site conditions: ard that it has carerully ctected al words, pd*s, and
slatenpnls in lhb BidirE Doqrment Bidder tEroby csrtifies thal hcr'shs d his/tle Subcontractors hat€
rEpecled he site and relabd Drawings and Specifications of Work ard fully acquainled lhemselves with all
condilions and mdlers rt hich rnay in any way afiect tlE WoIt, time of completim or the costs lhereof.
Bidder also certifies hdshe has obseNed the desigmled Conketor Work are6 and actess routss, if
disclos€d or shoum, 6 part of [tle Work in thb Cofltrel.
Page 28 of L72
PRE-8ID SITE INSPECTION - CERT FICATION:
Persoo(s) who iNpected site of the proposed Wod( for your lirm:
Narner Corcy Kirschner Date d lrEpeclbn 3/9/t8
Title: Vicc President Op€ration
Name;
Title:
Dalo ol lrEpection
D. Buder agrees that all msts of Work sho#n in the Bidding DGrrnents, includir€ n/o.k reasonably inferable
therefom ard necesssry thereto, ar€ inchded ir hisitpr Bid. At Worl shown in the Contret Documents fo. u,hidr a
specifE line item is mt p.ovided in the B rding Form b included in UE Birdeis Total B6e Bid Price.
E. Fodeiture of Bil Securily. Birdor tudhor 4rees that, in case of higlpr defadt in exeffrtrng the required
Confad ad UE rEuiGd bonds, or fumishing the required irsurance, the rnofley payable under the Bid Searity
accompanying hb Bid shall be applied by the City tow ds payment of flre darnage to ttE Cry on account of srdr
defaull, as provijed in the Bidding DocumenB.
F Period of lnevocabllity. Birder agrees that this Bid shdl ennin ogen ad shdl not be withdrawn fff a period
of nol less than ninety (S) calendar days lrom the dale ol arBrd of Cmhact, or until cFEled by ttm City. whbtnw
perit' b shorler.
G- Bid Dispute IndcmniJic.tion. h the evenl ofaBid dispute based upon the Biddcr's submission ofthis
Bid alld thc City acccptaDce of sanic, rtE Eidder sball idcmniry, defend (with counscl acceptable lo City), md hold
harmlcss the City, its City Council mcmben, cmployeel rnd agcnts from liability, claims, demaods, dama8es, and
costs arisiDg thdefrom if srrch disputc or acrion arises solely upon the arvard of. Contncl in compliance with fcdcral,
st6tc, 8rd local hEs.
Cilv of Vernon.
I hereby certify under penalty ol perlrrry under the la'!,s ol ttE S'tate o{ Calfomia h at he re9Ieset ations made herein
aae lrue d coflect.
ExeqJt€d thas 9rh day of March at Santa Ana
City
Bidder's Pmpo6al
Respectfulty Submitted
COI\4PAN\
NAI\,IE OF BIDD€R
Page ?9 of 7-t ?
NAME: Hq4ra !!{p!t lls
ADDRESS: t3t2 Fast wa'ner Ave.
Santa Ana, CA 92705
CONTACT PERSON: Steve Kirschncr
TELEPHONE NUMBER. 714 144 l8sl FAxNLMBER: 7\4.411.280r
E-MAIL: tphamChardvandharxr.com
CAL FORNh SrATE CONTMCTOR'S LICENSE NUMBER: I tsqs,
EXPIMIIONDATE: l2l31/19
TAX IDENTIF CATION NO.: 95:!251022
SURETY COMPANY:
Atl Bid foms must be signed where so indicated by the person or persons duly auupnzod to sign on bohdf ol lhe
Bidder. By signing the Bil, ttE pe(son signing b deemed to reprssont that ho or she hB aulhority to tind lho Birder.
Failur€ b sbn lhe Bddels Poposal may invalidde the BiJ.
BIMER'S PROPOSAL _ SIGMTURE(S):
Form of Enlity of Bilde.:
Plo6a chsk lh€ appropriate signature block belor'y ad fill h a!!rehted infornation.
l--l sor"P,op,i.u"r*,'
Page 30 ot !12
By.
Ti e
Printed narne o{ pqson signing
Signalure
Lrsl all db/a's:
f_l eanrcrstip EGeneral Partner E Limit.d Prrtn",
Printed name of person signing
S€nature
By: Stevc Kirschner Corporate Officer Title:Vice Prcsident
Corporate Sed
JoinlVenture: Eftrporation EPartnership
fl tndiviruat E ott'er
Printed narrE o{ peGon signing
Signature
Nane of all Jcint Venturers:
If the Bdder b a corpo'ati:n or a llnited lhbilty mmpany, eoter state o. corrnty ot iEorpo.atioo in addilion to he
h6il€ss addess d irdude an inGimberEy certifEate execuled by a Secre(sy tlEreof in ttE form set forth herein
lislhg €ach oftor with signing aithority ard hislher coresponding offiE I he Bidder is a pa]tlErs]*p or iint 'rentwel
stating lhat ltE r€spective patner or ioinl \renturer agrees b be heu Fnnfly ard s€r/erally riabh lor ely and all o{ the
dutics and ouigations of ttE Bidder mder the B[ and under y contr&l aflsing lherefDrn. Attach evidence to lho
Bid Proposd Fom ttEt the irdiwual signirE hs aullElily to do so.l
By,
By
iDl4 nanE of person srgning
SEnatur€
Page 31 of 172
SCHEDULE OF BID PRICES
PRoJECT: Downey Rod lmoovements. Cdltret I\,1o. C$0940
BIDDER'S MME:
BASE BID
Pursuanl to and in comdiarrce viith your llotice lrwiting BUs d Contrdct Docurnenb relating to t1e Poiect including
dl Addenda (attach srgned copies), Birder, having b€corne ttrcowtJy familiar witi the telms and conditjons of the
Contracl Documents and with local conditims afbcting the porbnnance and fle cosls of the Work at the place where
trhe Work is to be done, hereby popos€s and agrees to fully perform the Work within the tirE stale{ in stricl accordance
with the ConE&t Documents (including lhe fumbhirB of any and all labor, matsrids, tools, expendable equiFr€nt,
d utility and transportatbn services necessary b fully perbm the Wort and complete it in a uorkmallike m4lner)
brthe total@E$m ot
Item No.ffipffi Unrts Quantity Unit Cost Amount
1 Unclassilied excavation - saururt, removd, and drsposal of
asohalt Davement. concrete. aooreqate base & sol.
CY 1,200
It)r).,'.,if,,.,.
2 Cold RecycliE by Centrd Plant method of cold daned
asphalt concrete and placement of recycled asphalt to a 4"
deoth (emdsbn ard additive under a separate M item).
SY \9:t21
1f.",,-'?: <- o'?.,o
Uniform cold plane cutling, 6" deep.SF 172,088 ,-u.17> ixL -bb
4 Emulsified recrclirE agent for Bphalt concrete Cold
Recvclino orocess.
TON 126
Crs>.,',
5.Additive for asphalt concrete CoU RecrclirE process.TON 39 llo.rrr G.rul..,,
6.Construc{ 2'lhick Latex irodified AC overlay C2-PG70-10.TON 2,079 8i.,ro l?)ss?...
7.Construcl new &PG 70-10 Asphalt Pa\€ment in accordance
with the plans and sp@ificatioos.
TON 10
&>.;r:? ..r.t>.. ro
L Construct I' lhick High Eady Strength clnclele pavement
with wre rnesh and rebar dotvels on 8' thick crushed
miscelhneous base.
J,r 17,',t
lS..r,J{}..16..,
9.Co{Efud 3.5' thick Concrete Sueu,alk per City Std. Plan
PV582.
SF 2,91
?.,,-.,)?.?5?.o>
10 Construcl modified 8' thick High Early Strength concrete
driver{ay per City Std. Plan PV693. lnclude E imbedd€d *r4
rebar 12" 0/C with 4" min clver at corcrEte ioins.
SF 335
3).,'.,la.aqs..,-,
11 Remove 6" curb and coostruct 6' h'Eh conctete curb with I'
foundation per City of Vernon Std. Plan PV693 with a 'l leet
wide reconstnrtion of 17' Asphalt Section, 2' ol C2-PG70-
10 over 7' of B-PG70-10 over 8' ol C.M.B,
LF 2,731
31 ,,..I rl , rJ-,t'r- .r
12 Remove and Constnrl 6' high concrete cud wi$ 8'
foundation Der Citv of Vemon Std. Plan PV693
LF 300
3 ? ,i,,.lt\,:..s
Page 32 of L72
Remove and Construct 8" hlgh concrete curb and Z gutter
rvith 8' foundathn per City o, Vernon $d. Phn PV693 with a
1 feet wlde reconslruclion of 17' AsptElt S€c1ion,2' ol C2-
Sld. Plan RSP A88A.
adiust (before unibrm cold dane ad alter
manhole frane and cover.
manhole frame and cover to grade.
Truncated Domes 4'x3' (olue dokn tyDe) on
AIi traffi6 *n, *n n Vemon and Doumey as shoryn on
All ffic signal $Drk at Santa Fe AvenL€ and 48th S{reet.
Co6t shall include all electrical work, instalhtion of rcw bop,
of new ramDs ard striDino as shown on the
work at Downev Rd. at Leonis Blvd 6 shown
All Faffic signal 'rcrk at Downey at
Stiping, legends, markings, reflectors, etc. on various streets
Traftc Control on various streets lor slurry seal proFct.
ex. catch basini Protect ex. RCP pipes; and
construct c€tch basin per S.P.P.W.C. standard &n t.lo. 300-
3 except the curb inlet shall be per O.C.E.M.A. standard plan
1306 stEet 2 of 3. Constnrt l@ldepression per S.P.P.W.C.
standard phn m. 31!3, cae "b". Construct ard install cps
Unilorm Cold Plane and Dlepose of 2" thhk asphdt
pavemant
Construc{ 4 teet wid€, E" 0rkk V-Gutter ovsr 6" of C.tl,B,
G shown on Contracl Shoet No. 11.
All other \,volk items, labor, materials, tmls ard incihntals wirich are no{ specificalty listed in the
arc necBsary to @mplete UE prol€ct per specificatbfls, and dl other apdicable stardards dd codes ars considered
to be irrcluded in the above bid items.
It there is a dscr€panc, betr,lEen (1 ) fre 'Grand Tobf shown immedhw *ove, (2) any of the 'total cosb' shown in
the far rEht column above, or (3) fE individud Unit Price, tlBn ttE Unit price shdl confrol o!€r 0E total cost, and the
told 6t shd control oer the totd. tf, hotwver, 0e urit price is ambigLpus, unhielfuilJe, u uncefldn fr,r any cause,
or is omitted, o( b tl1e sarne arnornt as he entry br t\e item total then the ffi toH sMl prevd ed shal be dvired
<]J</\
Page 33 of l'12
Bidder acknowledges flat determination ol ttre br,vest Bid will be bassd ofl ltE lotd o, ttE amouts entercd hr the
Base Bir, and UEt once the row bid b determirEd on lhb basis, the City will b6 ftee to select EJid Nternates fu( ircbsio.l
in the Work h any oder or comtinatir, or to reFcl any or aI Bd Alternates.
IJl2 E- Warner Av€.. Santa A[a, CA 92705
Address
319t18
(ADDITIVE) ALTERNATE TIO, 1:
Item No.Descriptiofl Units Quantity lhit Cost Amounl
Rubberized Sluny Sed on Varbus Streets GAL 135,m0 5.6o 156,o".o
196ro..,-,..
($ -1r f,8H, rxr. o-)
Stcve KirschDer . Vice Prcsidcnt
Tite
2t5952
Oate
'.2t!Ut9
Lbsnse Number
(SEAL - il Bid b by a coQordion)
Date of Expiralion
or Cashie,'s CtEck or Bli Bond
isten S. P(ulino - S€crctsry
Altesl
Arnomt of
Page 34 of l1?
1
INCUMBENCY CERTIFICATE
Print leg ry tlle names and titE ol tib presijent ad dl offce{s of ths Company yyho are aulhorized lo sign t'\e Bid
Fonrs:
PRESIDENI'S & OFFICERS' MME:
Fred T. Maas, Jr
TITLE:
President, 'i reasurer
Dan T. Maas
StcYe Kirs.hner Vice Prrsidcnt
Kristen S. Paulino Secr€tary
The urdersbrEd hereby certifies to the City of Vernon thal h€r'she b lhe duly elected ard acting Secrelary of
Hardy & Harpcr,Inc (lt'e -Cornpanf), and lhal, as sudl, he/she b authorized to execute
lhis lncumbency Certficab on behafl o, the Company, ad furtEr certfi€s hal t\e persons nened abore are t]E ddy
elected, qudified ard 4ling off,ers of the Company, holding on the date lEreof, tirc tiUes and positbrE set forlh
opposlte lhek narnes and are aulhorized Io sign the Bil Forr6,
lN WTNESS WHEREOF, lhe undersrgnod has execuled lhb lncumbency CeAific€le fis erh day ofMarch , 20 18
Kirsten S. Paulino
Bmd No
Premium Anount $
Eonds Elhcli\,E Dale:
Page 35 of 7T2
Secretary's N
Sricretar/s
Spocifi cation No Clo940:Oown€y Road morov€mgnts
and assigl}s lo pay City he penal sum of
2
3.
4
Bond No CSBA-7166
BID BOND
REC[AL$
1 lhe qty of Vsnu, Cdibnh fotf), h6 B$€d a NoLo hyfing BiS br $3 wo.t d€scribod 6 Uh,yi!:
in Vanm, CA f?rcief').
2 ln responsc to tn€ tiotce hvitng Elids,
(tlan€, add€6s, &d tctephorE cf Cd{rre.)
(?dncipd'),
h6 su&ni[ed tro ecomp$ying Bid for h€ Pq€ct
3 Principal is rcq,nred undor lh€ hrms oa bB Spocifi€lid)-erd ai Bifting oocumsnts l8bIdrcsd in it-{o furnish a bond wifi
ho 85,
4. Th€ Sp€dti:atror, hclrding al ils dnsndmffls e1d suppldneob, and Plhcjpal's Bid aro indporakd hb hb Bd|d gld
rn* a parl of it by llis rebrlnc€.
OSLIGAT ON
fSurcyl,
a duly adrdtted suBty if sul. under Calb.nia s lav6, sgr6 6 folloYrs:
By this Bord, We pn0y 8rd ssv€raly obligd€ ard Uod ourssi,s, ald our rss@ilE heirs, exscubrs, dlinistratoc, suc4€6so(s,
oollas 1$ t ooz, , ftile Bo.'ded grm'), his amalnt
cflnprising not hss ltran TEN PERCENT (lotd ol Pnncipal's Bas€ BU, in latrlul monsy ol lh€ Unit€d Stabs of Am€rics
The Cdkrnh Lrceosed R8irent Agenl fu( Suret, rs:
{lioflt€ dress, ad tehdlon€)
(7141516-1232 Regbtsrad Agqlts Califo.nia D€parbrEnt of lnsur{lcs Licsrso llo -00g]9lp-
rHE CotiDfrloN 0F THIS BOND'S OBLIGATION ISTHAT it (1)Pnncpaldoes not (a)wilhfarv ih Brd for Ute peiod specifi€d
in th6 Bidding Doqrmoots, oril no pdflod b spodffir nhety (90) cahndar days aior City a^rar6 the Co.rlracl fol lhe Pmlecl,
or (b) dtempt lo $,itrday{ its 8ld wiefl tlE requirements o[ California Publh Cofllret Co& 55101 et seq., or any Ejccsssr
l€gislstion, re nd mel; or (2) City or.sds Pr'ncipd lhe Conlrmt h rospons€ to Prlrcipsl's Bid, and yfhin hs 6rns and mglr|€r
spaified by tn Spcifcatbn o. Conlrad Door]lf,nh or---{ no p6ri$ b sp€ciffiiin burt€en (1{) cd€ndar days arl€r he
Confacts a,vard, Pdncpal (a) signs and d€lirrsrs h Crty hs Ccflt"d, h accdlr ce lltth the Bit, as ffiepled, (b)fumistEs Ule
requirad bonG hr not only Princlpd's tailhful performarrce and p(@r lumlbnent ol lhs Cdl[act, but 8ho ftincipal's paymflt fu
lsbo( gld msterids used h t€ ftoid, and (c) furnbh8s he Gquir€d insLrEncs, lllsr lhb oblilativt b${rEs null ard yoid.
ofi€n'riss, hb Eond lolrins h fun brcs ad dled dd [le h]h,{ing bms and cDndili]lts a$ay to tls Eond:
S{.etfs ouhabos un&r fE Bood aro s€par&, ird€pendenlfom, ard not mntingsl Wol sry 0016r surty's guranteehg lhat
upon Cltys arrdng he Confsct b Prhcipal, tro PriEDsl will sflbr inb hs Contsact wih Oty.
llo dght ol elbn accrues oo t$ Boid to Eny entty olher li'l Cfy o. b succegsors ad gsshns.
It m lion d la* or h €quity b oeccssary b enforce o. rnt€{pret hs Bord s tqflE, Snety mug psy- in addiofl to t E Bfided
Sum- City's reasodh attomeys' ftes d ll,gdon co6$, h amurt b€ cuJ( fues
Slrety stall mal City w.iten nolice at le6t 30 days belbe: (a) Ihe eftct\,r dab on whidr tE Surety witr carc61, bminab, or
rithdru from uis Bood;or {b) hb Eolld bec. Es voii or menforcedb for ary leEon.
THEREFORE, for valrr received, VYh, Prhcipal d
Page 36 ct L'12
0n lhe date sd b.h belorr, Prilcipal and Surety duly executed hrs BoM, wib he name of eadr party appeaing below and signed
by lls r€p(ss&tatlve(s) mder ho aulimrity of its goveming body
Date March 12 2018
PRINCIPAL SI,JREIY:
By
ts:
Add8ss br Sf,virg tlotirs cr oUEr DoclrIEnB:
1312 E. Werner Avenus
Santa Ana, CA 92705
r(Corpany ltam)
-/-=-\-./-\*-- -
(Sgnalur€)
By Dwght Reilly
(itaflE)
lls: Attorney-irF Facl
(T1b)
Address bf Serying Ndies or oh€r oc1rEnb;
Los Anoeles. CA 90017
CMPORATE SEIL
EVtc€ttCE iIUST BE AITAO{ED ff tltE AU'tl1OR/rv OFi$Jv PERSO'/ SrO{l',rG AS A ITORNEy.]^/fACI
TE ArT0RI|EY]N+ACTS SIdVTTRE if/Sf BE INT,FEED.
A COffiqTE SEAL T.ruSI8E IiffiESSED qV 7}TS FOR',I I,T+EN TIE PF'INOPAL, OR fiE SIJRETY, OR 8OIH,
AREA CORPOR/I l]OV.
(Nar,e)
(Tite)
]ORPORA]E SEAI.
Page 37 of L72
CAUFORf,IA AIJ..HNPIOSE ACTTOWT.EDG EXT ctvtL coDE s 1189
A notary public or oths ot icsr comdeting this cedificate ve.ifies ont the identity ol OE indivldral who slgn€d the
doqrnent lo wttirl ttis csrliticate is attaai€d, and not the lruthfuhess, ecuacy, or yalidity ol that d@umenl.
State cf Calfornia
County ol
On
Oranqe
March 12 2O'18
Date
perconally appeared
before nE, Tina Pham. Notary Public ,
Herc lnsed Name ancl Title of the Officer
who proved to rne on the basis ol satisfaclory evidence to be the person(4 whoso name(4 ivd€
subscribed to the wlthln instrum€nt and acknowledg€d to me that he/s)teltlrey executed the same in
his/tEr/tbeir authorized capacity(i€6), and that by his/br^heir signalure(B on the inslrurnent the person(r),
o{ the €fltity upon b€half ot which th€ pslson(S act€d, executed the instrumenl,
I cerlity und8r PEMLTY OF PERJURY under the laws
ol the State of Califomia that the loregoing paragraph
s true and correct.
TII{A PHAM
CO.ln d21493E4 3r{ory^ngrfSl:,1". IORANGE CIUNIY'tii Colsn. EP&GI AC. 17.2020
Plxe Notary Seal Above
OPTIONAL
fhough thls sectbn is opliond, cqnpletng this inlofit7€.lio,t can *ter altetation of ttP- documdlt or
lraudulent reattachflEnt of this lotm to an unintenN documeot
Desgiption ot Attachod Docun€nt
Trtle or Typ€ o, Document: Bid Bond Oocument Date: March 12 2O.8
Number o, Pages: 2 SignerG) Other Than Named Above:Dwiqht Reillv
Capacity(ies) Claim€d by Signer(s)
Signer's Name: Sleve Kirschner Signer's Narne:
A Corporate Ofircer - Tite(s):Ll Corporate Officer - Titl€(s):
i-..1 Partner - Umited - General Partner - Limited .. Generalil lndivrdual
E Trustes
ir Other
F lndividualI Trustee
I Other:
. Attomoy in Factt GuaJdian or Conservalor
:r Attomey in Fact
,-: Guardian or Conservator
Signer ls Representing:
Hardy & Harper, lnc
Signer ls Representing:
02014 Natbnal Notary As6.;"6on . *,ww.NationalNotary.o.9 . I -800-US NOTABY (1-800{76-6827) tt€m r59O7
WITNESS my hand and q
turc ol Notary Publb
ACKNOWLEDGMENT
notery public or other officer completing this
cerlificato verifies only the identity of the individual
who signed the document to which thls cenificate is
attached, and not the truthfulness, accuracy, or
of that document.
state of califomia
County of Oranse )
On March 12, 2018 b€fore m€, Melissa Ann Vaccaro, Notary Publlc
(inserl name and tifle of the officer)
personally a
who proved
subscribed t
his/her/their authorized capacity(ies), and that by hisi/h€r/their signature(s) on the instrument theperson(s), or the entity upon behatf ol which the person(s) acted, execuled the instrument.
I cortify under PENALW OF PERJURY under the laws of the Slate of California that the foregoingparagraph is true and correcl.
WTNESS my hand and oflicial seat.
Signature (Seal)
Commrssron , 2068090
Nolary Pubftc. CalrlorDr
0ran9e County
Bond No. CSBA-7166
ZL RICH AMERICA\ INSURANCE COII'PAI{Y
COII)MAL AMERICAN CASIiALTT AND SURETY COMPANY
FIDELITY A,\D I'EPIOSIT COMPAi'Y OF MAN,YLANII
POWER OF ATTOR\EY
KNOW ALL MEN BY THESE PRESENTS: thar tlE zuRICH AMERICAI INSUMNCE COMPANY, r coryoration of tt Statc of New
YorK. thc COTOMAT AMERICAN CASUALTY AND STIRETY COMPANY, e corporrtion ofdE SIaE of MaryI.D4 rnd tfir FIDELITY
AND DEPOSIT COMPANY OF MARYI AND a coDontioo of the Slale of Maryh[d (herci, cou€srively cdled thc "Coftp6nica"), by
Michr.l P. Bond, VicG Prc3id.rt, in pursurrcc of rdhority SraDtcd by Anich V, Scction t, of thc By-Laws of sskl CooFDics, which rJl
stt forih on tie rcw.s€ side h€rof rDd are hcrEby cenificd !o be ir full lbrEc and cftct on the drE hc.rof, do hccby nomiD.E, constitute,
ard appoint Drnhl HUCXADAY, I)rthr REILLY, Artoro AYAI-A, Shrrrr. Rottllc OSTROM .nd Micls.l CASTANEDA, .ll of
Orrryc, Crfiforrie, EACH its Euc and hwful .gcDtr and ArcrrEy.in.fads, b matr, 6x€cuE, scd lrd &liver, fut, atld ofl iE b.helf 6
suGty, and &r iB rcr rnd d€ad: aoy aod rll b!tr& and rnd.rtrkhrf,!, sod tlte cxecuion ofslch ffi or undcrtathgs in PuBUrnc. of
tlEsc Frsenls, $all hc o. binding upon s.il CoDpanicr a3 fully ad amply, lo dl inbnts rrd puryo!.\ r if ttry hd bcco duly executed and
acknowhdge<l by thc IlgulsIty elccled ofricrn of the ZIIRICH AMERJCAN INST RANCE COMPANY ot iB ofllce ln Ncn' Yodq New
Yorlc, rhe-ngululy etec-red ofriccrs of the COLONIAI- AMERICAN CASUAITY AND SURETY COMPANY tl itr oflic. in Orings
Mills, Maryland., and rhe ESuhrly .lectcd otnceIs oftlE FIDELI I Y AND DEPOSIT COMPANY OF MARYLAND al ils omce in Owings
Mills, Marylrrd-, in 6cir ovm propcr pcrson-*
Tlrc said Vic. Pltsidenl Joes hereby c€nify li.1 th. .xract *l forth on thc reversc side hcrcof is a mrc cotry of Anicle V, Section t, of
thc By.hws of sakl Comp.nics, ard is mw in fo.cc,
IN MTNESS VHER-EOF, thc s"rd Vicr.kesllot has heGunro subs.rited hiybJ narDc! anri ajlixco tbc CotporaE S€als of the ssll
zuRIcH AMERICAN TNSLnANCE COMPA|\Y, (OLONL{L AMERICAN CASUALTY AND SURETY C0MPANY' .!d
FIDEIITY AliD DEPOSIT COMP{YY OF MARYLAND, this 2tth dlv ofNovEmb.t, A.D ml?
ATTEST:
ZUtlCH AMERIC.AJ{ INSUMNCE COiIP/iYY
COLON'IAL AMENCAIi CASUAITY AIII} SUNETY COMPA"\Y
EDELITY AND DEFOGIT COMPAIYY OF MARYLT D
tL,/-o EJ
Ey: Miclwl P. Bond
Yice Preslde
./,i:t)a,r' t- E'Llttu t'--
By: D6td E. Broen
Scct toy
Slrt of lrLrylrnd
CooDty ofBalllool!
Otr thi! 2Ed d.y of No{!d*.r, AD 2017, b.to.c U. ni..flb.(, r NoEy hilic ofth. stl. ol Mirl6d. &ty cormiooEd ad Tdtficd, Mtf..l
P. 8od. VI.. Pr.aii.rr ad Drrt E" kotf, S.Grdrry of ric C.rrlFi.+ io rE D.rldially hrolrn io b. ttl. idiYk lrb rld ofus d.lttihd h and trtE
drE'r.d dE Ftt dhg ir$utlal rd .fu\r{cdtd dE cr.arni of rsrE, 3d tci laitf t}ut td![a b tb larid otrrcd of
rlE cmrFry'rfortsaid. urd 6.r dr saL aflir.o 6 ha prEedirB itElultcrl 8r ua .d lbr lt!. s.id c(rF.dr s€.I3 un
dr aifD.ut! s slth o6ct \rqt dliy .f6)d rd gnaarD.d to dr nd idlErlt bt ttE.dEiry d dirtgi!.l of da s.id Co4arins
IN l LSTIi,lOtlt WHER-EOF, I trE lElr.Db !a my tEd ard dlltld rly Off'ci.l S..l tll d.v .rd v!- 6r!..hovc '.rrnrar
C6-'.Aa<^-a. b,.-nJ
Coolr.rEc A Dtrt\ t{oaa.y hflic
My Comrniss'o lxpir.s: ,uly 9, 20 I Y
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN-FACT
STATE OF CALIFORN]A
COUNIY OF
)
) ss.
)
0n thb day of 20_,
before me,
(nanre), wtlo p{oved lo me on the basis of satrsfactory evid€nce lo be lte person 'rrhose narne is subscribed t0 lhis
instrumeot as lhe atbmey h l*1ol and acf,no\Ntedged lo r€ lhal he/she
subGcnbed lhe nane of
as altomey in fact.
thereto as principal, ard hisihe own nann
I certity under PENALIY CF PERJURY under tne la,lrs of ltE Slde of Carifornia thal the foregolng paagraph ls true
and corrscl
Ilota.y PuHh
SEAL
Page 38 of \'l2
1.
BIDDER'S STATEMENT OF QUALIFICATIONS
ORGA'{trAIIo}I
1.1 How rnany pans has your oEanizatlon been in business 6 a Contracbn 72
1.2 lhw many pas has your o{ganization been in business urder its present name? 32_
1 21 Under what olher narnes has your organzatbn operated?
13 lf your organization is a coooration, anst rer $1e folbryirE:
1.3.1 Dateolirmrporation/o€anizaliqt: 3/13/53
1.3.2 State o{incoryor"ation/orgarization: __..1Qlj!99
1.3.3 Corpo.ate lD nmber: 4{3o7r0
1.3.4 Name Ol President: Fred T. Maas, lr
1.3.5 Agent lor Servioe of Process: _lld&E!3tq
I 4 lf your org ization is a pa{trErship, ansrver ltc lollowing:
I .1 , 1 Date o{ dgaizatm/h.rEtbn:
'l.4.2 Type of parlnership (if edicable):
1.4.3 Name(s) o{ generd parlr€(s):
1.4.4 L6t dl states in which yo.r are regbtered and sbts lD numb€rs lor edr:
1.5 ll your oEanizatbn is iodivrdually owned, aBswer the followhg:
'l 5 1 Date of o{ganizalion:
1 5 2 Name ol owEr:
lf the lom
principab:
of your oearizatbn b other than lh6e listed abow, describe it and nane lhe16
Page 39 of t12
z
2.1
3.
3.1
23
UCENSING
Lbt iurM irtions in whlch your orgmization is legally qualilied to do hrsiless, indi:ate rcgisbatlrn or
lbense numbers, and calegory o,li:erEe, if applica e.
2l5q52i A. ( 8- Cl2
List jurMiolbns in which yourorganization's parlnership or trade name is filed.
N/A
List any licensing susperBiorE and/or vDlations assossed agaiftst your organizalbn within llE past
frue yees.
None
EXPERIENCE
Lisl the catogories of Work hat yuJ orgarizalim nomally perfufiE wih its oympersonnel. Asphalt/conqetc
On ttE Expe{iencc Form, list lhe proioct informatbn t\at esbblishes tM Bidder meeb the
essential requienEnts for qudilbatbn set forth in the l\4aEatory Ouah'ficatiors paagraph
of the Notbe rnviling Bids for ttis ProFct.
Have Subcontractors fo{ electrical Uaflb signal and stripirg work comdete the Speciajty
Contraclo6' StatefiEnts of Qualifications (or Btdder to complete if self-performing).
On a separale sheet, lbt pro,ecls to whi,l your firm or business h6 been awarded a
governmenl conhacl since your lirm or business has b€efl in exisbflce (givlDg UE name
ad address o{ tr\e projecl, the gor/emment agency, contel name dd phme nmber, the
conkact arDunl, and contracl's starling date and ending date).
On a separale sheel, list 0E experieflce and presenl mmmitments of the key individuab of
you oagmizalbn. ple.se s.c rttachment
CLAIMS; LAWSUITSi CRlMlMt ACTS
For lhe followirE questirs, tlE tem 'omef does not include olvners ol slock ln your firm if ylur
firm is a pduy-Uaded corporalion.
1.1 ln ttE pd five (5) yeas, hare, yor, your lirm or aty ol its oyrE s, partners, offrcers, or
employ€es been a defendant h court, or p liipated h an abitratbn or medhtbn, on a
maller rehted to:
4.1.1 The perfomEnce, rDn-perfo.marE€, default, virabn, or breall of a contract or
4reement?
34
4.
Page 40 of L72
DENNIS I]EYLI'
I'RoI.'ESS ION,\L EXPEII, I I]NCE
Hardy & Harper, Santa r\na, CA 1999 to Present
Construction Superintendent
. Supervise Constsuction sites for several communities.
. Establish and manage closing and production schedules for completion of projects'
. Orgzrnize contracts and coordinate with subcontractors to meet production deadlincs.
. Adlusl products to meet specific needs of cuslomers.
. Adapt construction practic€s to meet the needs of harsh climate-
. Monitor work completed by subcontractors to ensure product quality.
. ('ollaborate with utility companies.
. Answer service calls and take corrective measurcs to resolve conflicts.
. Managed and directed overall construction of multi-million dollar proiects.
. Organize scheduling of sub-contractors and monitored work efhciency, quality and performance.
. Directed and supcrvised Projccts from inception to completion.
. l rack time comparison reprrrts and conslruction production reports.
. Hired qualified personnel fiom designated union labor pool.
. Work effectively with architects, engineers, and developers.
. Maintain budgets and schedules.
. Responsible predominantly for phases ofconstruction fiom ground breaking to final project.
. Schedule subcontractor wort, marerial delivery, and material retums.
. Attend weekly mectings with Management of the customer relating to updates on construction of each
individual phase.
. organize ud see through accelerated schedule to meet needs and deadlines ofcustomers with tight
closing dates.
. Ensure the construction prcject is complered on time and safely.
. Track project materials requisitions from the date they were ordered to delivery to construction site to
ensure timely delivery.
. Daily inspections ofall ongoing construc'tion projects to ensurc all work is being performed in a safe
manner and adhere to QA and QC guidelines.
. I Ipdates on projects such as reaching mileslones and achieving customer satisfaction.
Industrial Asphalt, Irwindalc, CA 1994 to 1999
. Procured and maintained necessary equipment and materials.
- Operated & Maintained equipment uscd on high votume paving ie., residential & arterial, highways &
frreways
. Performed progress reports for city & state inspectors.
. Was resporrsible for safety on the job.
. l{esponsible for seeing that all work metjob specifications and deadlines.
[Jnion Paving, Stanton, CA 1987 to 1994
. Mechanics Assistant achieved general knowledge of equipment used in grading and paving.
. General Laborer - Hands on taining offield operations.
. Journeyman Asphalt Luteman Advancement of specialized asphalt placement.
. Grade Checker Understanding of slopes, elevations, percentage of active drainage.
. Operating F)ngineer Roller Subgr.ade and Iinish surface.
Skiploader - Subgrade and finish surface.
Paving Machine - Parking Lom and minor streets.
Michael Amundson
246 olaufrEnt Gde.
Foothill Ranch, ca 92610
Amund5o.1 29@hounail. com
Prlqle: ( 949) -305,+++3
OBIECTM'
To contnhJta firy epc{ience, cducatifi and motivatifi b a dynamic orgaoization ulat b bcuscd
on excellence in dle ileld of constructb.r ,rEnagernent.
EDUCATION:
Uni\,E6ity of San Dtego
8,A, Co.nmun(atlons/Bu$n€ss Administratbn 6/2000
@A:3.3
lionor Ro[: 1998, 1999, 2m
USD Men's Baseball team t.eErred r995-zOOO. Al wCC l'Tcam 1998/99, 199E1999 season
Team HvP
EXPERIENCE:
Sequel Contactorc, Inc sanla Fe springs, Ca q2003 - curent
Projeci i,lanager/ Projed EstiflEtor. Grnslty trBnagim over 5 rtllbn dolhrs in roadway, cdrrltc, elcatsicd and landsap
gcjects.. Esurnatirg Jobs at 9%, A\Er-age retums d t2-f {% per pmject lor FY 2OC+2m5. Estimated orar 2m pIojeG txi$ etcnsive 9avirl9,.9raalln€, exGvatlon, d€ctrlcal,
conqeta, underpround and hndscadng. nEnaged o'/tr 30 p.orcc6 contalnlng paving, gradlng, exovaEon, dcclrical. concretr,I undcrgrouod.ard landscep€.. Manag€ all aspects of grojects horizonElty ,tq.n inception to comCedo.t.. Responsiblitics indude: Negotiating change orders, Contsacts, Bonds, IrEunnf,.
Schedulirg, Coordinating sub-cookaco6, Crathcrino quantitics, Buings and Quartedv
d6ings.. Cunendy managing 5 tcams of6 b 15 erndoy€es.
' Cuft-eot l,lonthly efijr€ting load or l0 mllbfl dola6 app.ox. 5'10 Uds per we3k. Profcreflt using Prin€ver3 ProJ€G Hanager, Hicr6oft Excd and Word
" Erperieflce with Microsoft ProJect
" Canified .{sivanced SWPPP trarni.lg. Have orcduced r0 fult/tflctbnal SWFPPiBPIP Phns thas year. Registered t{obry Puuic in the *ata of California
Current Projects:. City ol Laguna Eeadr: PM, Pa\€nEnt RehatilifaEon Program; $710,0@.00, Current. Oty oi South Pasadena: PH, Orange Grove Avcnue lrnp(oveflPnB; 52,3+r,m0.0o -lob
slatus: Current
. CiV of Palos Verd€s esttes: PPI/Estmator, Annual Pa\eflEnt O/edays Proiect;
$2f0.000.m 10i05 - Job SBtlE: Cufiert. qry of Diamond 8ar: Ptvl, Grdrd Avenue BeautillGticn Prote$; t1,921,000.00 Job
SauJs: Current. Gh/ of Fullerton: PH/Es{rnatcr, Resideflthl Street Rehabitibtixt Projcrt; 980,000.00
Job Status: Orrrnt. Gty of Seal Seadr: PH/ Btimabr, Annual Paverneflt Retrabilibtion Projr.q
967s,000.00 9/05 - 1r/05. L6 An€des County Puuic Wor{$ oivi$on: PH/Estimabr, varhE Steet Rliab;
$1,37s,000.@ 3/05 - 8/os. Oty of Pasdcra: Pil/E$rnator., orangE Grore l4edian Improrcments; $f $,000.m
8/os - 9/05
Recently Completed ProJects:- . Clty of Cypress: PM/€stimator, Cypress Acr€s Street and S!om, Olaln Improre'nents
12J04 - 3/0S; $65r,mo.m. Gty of Randlo Palos Verdes: pE, RlsidcflUal Streets &erlay 9i04 - f 2/04;
$2,r50,m0.m. Cib)/ of Pasadena: PM/ Btimabr, Walnut AvF. Reonstsuction Projed 7/01 - to/g+;
lsr0,ofl).00. GW of Laguna Hlls: PE, tGconstrucuon of Vadous StreEG in Ndly Gil Ranch 6/03 -
l0/03; 12Js0.000.00. Gty of Fulcrton: PHiEstimator, Gb7 Hall partdng Lot Construdon e/04.10/Or;
f350,000.m. Gty ol Anahcim: Pl.l/EstimaOr, Anaheim REsort Area Interse(ion Project 6i 0a-8i0+;
1200,000.00. Gty of IMnc: PH/Estrnato., lli:hadson Dr. Rehabiltarion 8/03-1(103; $350,000.00. Gty ol FbunEin Vallcy: Ptl, tlarbor 6lh,d. Reconstructon 5/O+ - 8/O+; 9500.0{0.00
TBM, Ina Sanb A.1a, ca gtZOOL .qnUJj
SaleaHanaqer, Existibng and &:vebdng Accornts. Averaged 75,000. per rno. Srales, toblcornpany sales ll0,0m.. R6pon$ble fi3r driving sates in bo$ San Dego and Orange Counties. Oevdoped nagship etching drsigc and fabdcation for Orange Cor.rng Orum ard
Fercusslon A'xylics divislon; &ink 182, lb ooubt and th Found Glory d6iigns.
PnvatC Prqeds Induded:' Dca!fl,'Builc l-Dim€sionat Chcmical Compourd disd6y. AT&T Buitding; San Jcse Ca
185,m0.m O€signcr: Conildar tial, Oesrgn,j6uild l.lain qass L3minat. Usda'/s llo.dstsom's Feshiofl Show t"tall, t as Vegas
If 20,@.00 Ocagnd: Heert rood Construdion" o€sign/BJild: gass L-L.untstcps,tsplashes lbr Hontbiuc CJnsirJcicn lan DrcAo
55,0m.q1, Gla$ Shcrcases,'OisdaTs For Ode3ns (}rnc LV. Tumbam,r Towers LV, Wy'and At
Gall€ri€s, mzcr Building San Diego
PUBLIC WORKS REFERENCES AttachmentA
201612017
Owner/Agency Contact Project (Amount &
Completion Date)
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Romeo David
(909)477-2740
Romeo. Davad@citvolrc. us
Archibald Ave from Hillside Rd
to N. City Limit & Haven Ave
Wilson Ave$796,M2.98 8/16
City of La Canada Flintridge
1327 Foolhill Blvd
La Canada Flintridge, CA 9101 'l
Greg Kwolek
(818) 790-8880
okwolek@lcf .ca.oov
2016 Citywide Street
Resurfacing
$1.064.562.67 8116
City of Huntinglon Beach
2000 Main Street
Huntington Beach, CA 92648
Joseph Fuentes
(714) 536-5431
rluenles(Osudcitv-hb orq
Nichols Lane Rehabilitation
from Slater Ave to Warner Ave
$644.000.00 9/16
City of Claremont
207 Harvard Ave
Claremont, CA 91 71 1
Vincent Ramos
(909) 399-5396
vramos@ci claremont ca.us
Residental Slurry Preparation
ctP 2016-02$579,000.00 10/16
City of Rancho Palo Verdes
30940 Hawthorne Blvd
Rancho Cucamonga Palos Verdes
Lea Reis
LReis@rpvca.oov
(310) 544-5307
Residential Street Rehabilitatk
Project Phase I
$2,639,962.68 11t16
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Bill Simmons
(760) 770-0340
bsrmmons@cathedralcitv oov
Date Palm Dr. & Cathedral
Canyon Pavement Rehab$939,000.00 11/16
City of Moreno Valley
14177 Frederick St
Moreno Valley, CA 92552
Henry Ngo
(9s1)413-3100
henrvn@moval org
Edgemont Neighborhood
Pavement Rehabilitation
$383,000.00 12t16
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
Fe Ra ma
f rama@clrnohills.org
(909) 364-2600
FY 2016-2017 Street
lmprovement Proiect
$1,039,000.00 12t16
County of San Bernardino
825 East 3rd Street
San Bernardino, CA 92415
Melinda Bames
MeBarnes@dow.sbcountv.qov
(909) 387-7920
Slover Ave Phase ll
s2.405.020.32 ',U17
City of Newport Beach
100 Civic Center Drive
Newporl Beach, CA 92660
Frank Tran
Itran@newoorlbeachca.oov
(949) 644-3340
MacArthur Blvd Pavement
Rehabilitalion
$2,142,045.66 3t17
PUBLIC WORKS REFERENCES AttachmentA
2016t2017
Owner/Agency Contact Prolect (Amount &
Completion Date)
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Mike Myers
(951) 332-6464
mmvers@iuruoavallev.oro
T.R.l.P Pavemenl Rehabilitation
Phase I
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Chase Keys
(951) 332-6464
ckeVS@ruruoavallev.oro
Citywide Pavement Rehab
Phase 3
$715,427.03 3t17
City of Rancho Cucamonga
10500 Civic Cenler Drive
Rancho Cucamonga, CA 91730
Romeo M. David
(909) 477-2740
Romeo.Davrd(Ocitvofrc us
Red Hill Park Pedestrian Trail
Renovation Projecl
$171,888.70 3t't7
City of Riverside
3900 Main Street
Riverside, CA 92522
Ben Hatheway
(9s1) 826-5s61
BHathewav@riversideca.oov
201512016 CDBG Street and
ADA Footpath lmprovement
$980,6E1.29 5t17
City of Signal Hill
21 75 Cherry Ave
Signal Hill, CA 90755
Anthony Caraveo
(562) 98$7352
acaraveo@crtvofsionalhill.oro
Willow Street lmprovement
Project
$922,100.43 6t17
City of Laguna Hills
24035 El Toro Rd
Laguna Hills
Frank Tran
(949) 644-3340
ftran@newoortbeachca-oov
Arterial Pavement Management
Project Street Rehabiltation
$1,375,406.S0 6t17
City of Highland
27215 Base Line
Highland, CA 92346
John Egan
(909) 89G125s
ieoan(Aerscinc com
West Highland Bikeways
lnfrastructure & Pavement lmpr
$2,678,788.77 7t17
City of lrvine
One Civic Center Plaza
lrvine, CA 92623
Brian Brown
(949) 724-6000
bbrown@citvof rrvine.orq
Yale Ave Rehabilitation lrvine
Center Drive Biri No. 1 7-1 160
$2,453,343.83 7t17
City of Pasadena
100 N, Garfield Ave
Pasadena, CA 91 1 09
Tony An
(626) 744-7403
lan@crlvof oasadena. net
Preventitive Maintenance of
Street 2016
$945,932.59 Et17
City of Ontario
303 East B Street
Ontario, CA 91 764
Miguel Sotomayor
(909) 39S2108
nrsotomavor@ontanoca.oov
ATP Cycle I Safe Routes to
School Sidewalk lmprovements
$824,850.88 10t17
City of lnglewood
One Manchester Blvd
lnglewood, CA 90301
Hunter Nguyen
(310) 412-5333
hhunter@citvof i nalewood. oro
Streets &Alleys Rehabilitation
Prolect
$2,639.330.06 11t17
E ves drrc
4.1.2 A lehue collbbn or accilenl hr/olvirg yor fi.m's employees?
E vEs dHo
4.1.3 Damee lo rsal property arisir€ ol.lt of yorr serviEs or operations?
D vrs dnro
4.1.1 Employmenl-relded lilrgalion brurght by an employ€e ol )ulr firm?
E ves dln
4. 1 .5 Payrnent to a subcontractor or $pdier?
IEves dro
4.1.6 Dsfective, deficionl, or substandad ,rork?
EYEs d*
lf he arErer to any qEslio.6 in 4.1.1 to 4.1.6 b YES, ibntify lhe Mrne of the persm or
entity that sued (i.e,'lhe pldntifr) or w.as,n'rolved in the nrediatim or arbitration; lst t]B
date, murl, court addtess, ad ce nuflbec desctib uE ffi and ciralnEhnc€s giving
nse to the lau6uil, medialioo, or attitratbn: and set fo.th the odco.ne o. dbpocition Attach
additional $eots as necS6sary.
1.2 Have you or yout llrm ever liled a cldm f6 danages or a lavrsuil, or requested abitraliql
or mediation, againsl a govemment ently or a Clent?
D vEs dro
tf YES, identiry he got emment enlity or di€nt list tlE date, cout and case rumber
desdibe lhe hb a.d circumslancas about the clsim lol dafl4es, or the lawsuit, or bolhi
and set lodh tte ouborc or dispositbn. Athch dditiond st€ets ils necessilfy.
,1.3 Are there any pendirE or outstarEing iudgnEnts or tens agair6t yotr, yorr firm, u any o{
its oflrErs, parbErs, offEars, or employts€s?
!ves d *
f YES, il€ntity ho nIne ol tlE pecon or ently enli0ed lo paymenl; Ist lhe dde cout ad
case nwnbe[ desDribe the facb ard ciEunsbnces giving rise to 0E iudgment or bn; and
sel fdlh tlE em.oiint oi ilE jrrdgme0t c lien. Ail.ch ddtrbndsh6b I nec€ssary.
4 4 ln fle pGtfive (5)years, has any govemtnententityever: (a) inv€sttated, cited' discldinod,
or 6s€ss€d aty pe0altix against pu, yo.rr fim, or ly of ils mrprs, partrE6, officels, or
emdoye€s, or (b) determined or conluded lhat your lirm or any ol ils onners, partne6,
Page 41 of 7'12
offcers, or ernphyees vohted any latls, rules, or reguhtirs?
D YES dro
ll YES, iienlify fE goramrnart entty; list tre date, a{ descrte the hcls and
ciramstarEes abort each irElance. Anach additbnal $Eds as necossary.
ln the past fir/e (5) years, have pu, pur lirm or ty of its oMEG, parhers, officers or
unployees been cmvicled of a crirne rdaled to the bk ding o{ a go\cmrnent contr&t, the
a$r dirE o, a go\rernment contract, or he perlormJlcs ol a govennEnt coouet?
('Convicted' irEJudes a yedlct of guifly by a irdge or iury, a pba of guilty, a plea d mto
contendec, or a forfeiture of bail.)
D ves dro
f YES, identify lhe gowrnment entily: list the date, court and c6e numbe[ describe the
facls and circumstances about each insteEe; and set forth the penalty or punishmgll
impo6od. Athch additional sheeb 6 rEcessary.
ln the past live (5) ),ears, have you, your firm, or any o{ its oumers, padrErs, offrcers or
employ€es been convicted of a crime involving e tezzhmsnt, theft, fraud, forgery,
Mbery, deceptiye or unlawful bus[Ess pracli:es, perluy, tdsifying or destroying reco{ds
or evidence, or receiving slolen property, or rmkirE or submittiru a Hse claim?
L] YES
tf YES, identity ttn crine or ofisnsei list trle date, courl dd case numbefi descdbe the
facb and circumstances about each inst,lce; and set b h t'le penalty or punbhfiEnl
imposed. Alhh additio.El sheets as rEcessary.
Have you u, if Edder is a corporatm. any prhcipd of the co{poration ever beon
convicted of a felooy?
f, yes d*o
lf YES, please explein lhe details of that conviclbn and, il so, wtEtlEr you or saii officer
have senmd his or her sentence.
ln the past live (5) yea6, has a got/emrnent entity determined oI concluded tiat you, yorr
firm, or any of its orineIs, pa;tlers, offcers or employe€s made or submitted a Hse chim
(includirE a lahe claim for paymeot), or made a matedal risrep.ssentalion?
E yes dNo
lf YES, identily the govemrnenl entity, and describ€ th€ lacts and circurElarEes about
ea;ir insta;ice. Attach arHitio,,ddreet! es necessay.
Have yan or ywr company ever been cheged by any govemmentd agerEy for fsilure to
lollox safety proc€duros? t YES, please explain.
46
/*o
47
48
49
Page 42 of l'12
E YEs d*o
4.10 Has any govenmentalagEncy ever $b,mitted a co{rdaint against you or your llrm lo tlE
Califo.nia State Labor Comission for lalure to submit c6 fied payrols? lf pur arls1ler
is 'Yes', please proviie the detalb o, such co{fldaht.
E YES drro
5. FIRM'S OPEMTIONAL STAruS
5.1. ln the p6t sot/€n (7) y€ns, has pur fim, or anprn ebe adirE ofl behaf ol pur firm, l ed
br bankruplcy, insdrrency, receivership, or reorgani2atbn?
E vrs drc
tf YES, list he fing dat8, ider{ify the courl d case numbec desclibe trE lacb and
circufllslaEes glvlq ,be to eah irlsl Ee; and set lorlh tlu disp6ition or curmnl slatus'
Attdt addltional heeB 6 necessary
5.2. n the p6l live (5) )Ears, has your lirm had an consdiJatbm, mergers, acquisitms,
closings, hyotfs or stafl reduclions?
[f vEs d*
I YES, list the liling dab, ad descrbe ttE facts and circurrslanc€s abod eaci irEt ce
Atdt additimd shceb s necessry.
5.3. ls your lirm in the proc€ss ol, or in rEgptiatbr6 loHrd: (a) consdidding, meQiIE' seling'
or closing ils busin€ss, or (b) laying of, empbfes orlpd'ring staff?
trYEs E! ruo
lf YES, describe tE Fdlsactbn; list he anticDated date lor completing he tr sadion,
laying ofi e,rplofes' or rednng staff: and destribo trtE fads' circufiElances' d re6on
for Hng the aclbn. Afdch addiliord stEds as nec ry.
6. BlDDltlG;DEBARMENT;CONTMCTPERFORMAI{CE
6.1. Has a gpyomrnent entity e!E{ debared, dbqdfiod, remved, sllsp€rded, or otlElsise
pre\6nt€d you or )our firm from birding o0, contracting, or mmdeffE a mnslnrlixl
proiecl?
EYES il*
rt YES, i{bntify the nam of the govemment entity, lbt the date, and desffibe lhe fets
and circurEtances about each inslance, ard state the cason for the go, rnrnent sntitys
Page 43 ot L12
elir agdnsl yor ftm. Athh addiliod shels as rEcessary.
6.2. Has a gowmrEr{ entity ever reled€d your firm's Bid or Pmposal o0 the gomd tlat you
or your firm b a 'non{esponslcls' birds or propcer?
t] ves d*o
lf YES, identry UE name of the govemrcnt enlity, ns UE date describe ltp fac{s and
circumslances about eei irElance, and shle the ledofl oa b6is tor the govemmerl
entitys ddermhing trEt pur firm rva a 'rm.respoftible' blider. Attad dditbml
sheets as nffiay.
6.3. Have pu u pur frm ever failed to hifill or perform - eitlcr patially or cdllpl€lely - a
cootracl or an qrerlent with a goretnment entity or a client?
tr YEs dno
lf YES, ilentify the name of the govem.nent ent/ty or dient lbl ti€ dab, and describe the
facls d ciu,rEtances dout edr instarf,s. Atteh addilbnal sheets as necessary.
6 4 ln Ule p6l five (5) years, ha/e you or ary officer or pdncipd of yurr litm been af' dficer ol
another llrm which failed b p€rfom a contret or ereemenl?
tr YES dr'ro
f YES, bl the dale, and dGcrbe ttE lacb and cirqfiEter€s aboul e&i inst ce. A[&h
addititnd $eeb as necessay.
6.5. Hs yu-rr firm ewr advised a govemment enlily o( a dient, [file yout firm v,6 t,nder
cont'dct with ttE govenmont ont'ty or cbnt, thd your frm codd ml (or xould nol) ft{ill or
perbm - dfEl patidly or cofipletely - the contret or he agrcement b6ed on lhe priE
that you firm hd origindly suhnitted In a Bll ff a Prop@l?
E ves d*
l, YES, list fle date, irently ttE mrE of lhe govemrpnt e ly or clent, and desdibe the
facls ad cirurHaEes aboul each hslanco. Athch addilimal sheeh as necessary.
6,6. Has yorr firm e'er requesld a govBIrrlEnt enw or a dient while ycrir fim 6 mder
contract with 0le gorcmmnt enl'dy oI dient, to rerEgotiate dE or rnore terms ol the exbling
mntrdct or 4r€emsrn IE ves El xo
f YES, ,dentily 0E nane ol the govenment entty or client, lisl tho dde, ard describe lhe
!ac's d cir.u4llancos aboljt eeh nslance. Atbch addilirul sh€ets as necos,c )I)
6 7. Has yojr firm ever equesled a go\amBEnt ontity (r a client, whle yo.rr fifin was mder
contract with tho govemmenl entity or client, to: (a) cancel the contrad or 4t€ement, o.
(b) relee or disdarge yflr firm fom tE contract o{ agre€ment?
Page 44 of 112
68
D YEs {ro
lf YES, Eentify ttE name of tlE govemrnent entity or dieot, tst UE dab, dd des.ribe the
fds ad circumstarf,es aboul each irBlatrco. Atraci dditional sh€b 6 n@ssay.
l-hs a governmant enry or e dient evg lgrminated, suspendod, ot ttctl{erc$,Bd your
fim's cmtract or agr€€fEnt hfue ib cdn*lion?
tr yES Rxo
lf YES, idefllily tE name o, the goverment enlily, lirt tE date, ild d€sclibe tp lacb
d cicuflBtarEes dout edr inslaIEe. Attach additimal sho€ts 6 nGsdy.
Has a golenment entty or a cllent ever noliH or advised yotr ftm t\d yol fim's
perfomance u'der a @ntrad or agre€tnenl w6 poor, stlstardad, deficient, o. lm-
comdiant?
! ves d*
tf YES, iJent'ty the nam o{ the gorrorrrEnt sntly o. clsnt, lbt ltE dab 4ld desctibe tlE
facts ard cirqmstarE6 &ut each i(d ce. Aflach addilbnalsrEets as necessdy.
6,10. h the pst fi're (5) pars. has your fim paiJ, or has you firm been assessed, hu[ated
darq€s on a contret of agreement?
- Eves d*
lf YES, ijentity all sud conlracts&Diecls by ofi€r, owneis addres, ltr date ol
comdelim ol the ptoiocl, amount ol lqurdated damages 6sessed, ad d ollBr infomalirn
necessary to fuly exdain tlp assessmonl o. peynont ol liquidald dan4os Athh
addfi mal sheets as necessay.
INSURANCE AND EONDS
7 1. ln 0E pd ten yeds, h6 an insurarce corpary 0I a suety csnpany:
7 .1 .1 Reftsed lo ir'6ure you lirm ,or liability co,erage?
tr YES druo
7 .1 .2. Cancrled or nocEoe{,ed your firm's imurarEe corcrag€?
EYES d*
7.1 3. Ret sed b isslE your firm a bond?
d'ro
7.
El ves
7.1.1. Canceled o{ re\oked a bond obtained by you frrn?
E YES dno
Page 45 of 172
7.2
l, the ansrer to ary questio{E in 7 'l 1 to 7.1.4 is YES, idedrry tho mmo of the insurarrce
company o. surety company, lisl ttE dde, ad desaibe llle facts and circunstances about
eeh insteEe. AtEh addition steets e$ necessay.
h the past ten (10) yea6. t6 at insurance company or Eirety company rnade any
paynEnls on you firm's behal, as a result of a defaull, lo satisly any claims againsl a
performance bond, paymnl bond, o( mainlenaEe bond issued on your firm's behalf,
E vrs E(uo
It YES, identfy each conlracl completed or amounl of each claim, lhe name and telephone
number o{ tlE clairnant, th€ date, grounds and oJrrent slatrs of th€ chim, and if rssol,/ed,
the rnethod, nature, and anGmt ol uE resolution. Aftach ddition sheob 6 necessay.
lf a performance andior paymeflt bo{d is required by thb bid, kbntiry [e bondirB company
if anangemeots for the bond have been mde; l, mt, iJentiry the bonding company for lhe
Conlrdofs rn6t lecent ordect:Fidelity Deposit Corhpiny of Maryland
8 SURETY
8.1
Name and address ol agent:
Commercial Surety Bond A*enc)q 14I I N. Batavia Sr., Orance, CA 92857
All of lhe abot/e slatements as to experiencs, financial qualifEatio{E, a.d available planl and equiprnent ae submitted
in coniunctbn wih lhe propo6al, 6 a part t'lereor, ard the truthfulness and mcuracy of the inlormation b guaranteed
by the Bidder
I hereby certlfy under penalty of periury under the laws ol ttE std6 of Califomia lhat ttE represeotation made hereln
are lrue and conect.
Signalure of Eidder
82
St6,€ Kirs€hncr - Vil-e President
Page 45 of. 112
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PUBLIC WORKS REFERENCES AttachmentA
201612017
Owner/Agency Contact Project (Amount &
Completion Date)
City of Rancho Cucamonga
'10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Romeo David
(909',)477-2740
Romeo.David@citvofrc us
tuchibald Ave from Hillside Rd
to N. City Limit & Haven Ave
Wlson Aves796,042.98 8/16
City of La Canada Flintridge
1327 Foothill Blvd
La Canada Flintridge, CA 9101 'l
Greg Kwolek
(818) 790-8880
okwolek@lcf.ca.oov
2016 Citywide Skeet
Resurfacing
$1 ,084,562.67 8/16
City of Huntington Beach
2000 Main Slreet
Huntington Beach, CA 9264E
Joseph Fuentes
(714) 536-5431
rf uentes@surfcrty-h b.oro
Nichols Lane Rehabilitation
from Slater Ave lo Warner Ave
$6,{4,000.00 9/16
City of Claremont
207 Harvard Ave
Claremont, CA 91 711
Vincent Ramos
(909) 399-s396
vramos@ci.claremonl.ca. us
Residental Slurry Preparation
ctP 2016-02$579,000.00 10t't6
City of Rancho Palo Verdes
30940 Hawthorne Blvd
Rancho Cucamonga Palos Verdes
Lea Reis
LReis@rovca.Lov
(310) 544-5307
Residential Street Rehabilitation
Project Phase I
$2,639,962.68 11t16
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral Clty, CA 92234
Bill Simmons
(760) 770-0340
bsimmons@cathed ralcilv. qov
Date Palm Dr. & Calhedral
Canyon Pavement Rehab$939,000.00 11t16
City of Moreno Valley
14177 Frederick St
Moreno Valley, CA 92552
Henry Ngo
(951) 413-3100
henryn@moval.oro
Edgemont Neighborhood
Pavement Rehabilitation$383,000.00 12t16
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91 709
Fe Rama
frama@chinohrl s.oro
(909) 364-2600
FY 2016-2017 Street
lmprovement Project
$1,039,000.00 12t16
County of San Bernardino
825 East 3rd Streel
San Bernardino, CA 92415
Melinda Barnes
MeBarnes@dow sbcountv.oov
(909) 387-7920
Slover Ave Phase ll
$2,405,020.32 1t17
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Frank Tran
ttran @newoortbeachca,oov
(949) 644-3340
MacArthur Blvd Pavement
Rehabilitation
$2,142.045.66 3117
PUBLIC WORKS REFERENCES AttachmentA
2016t2017
Owner/Agency Contact Project (Amount &
Completion Date)
Crty of Jurupa Valley
8930 Limonite Ave
Jurupa Valley. CA 92509
Mike Myers
(951) 332-6464
mmvers@iuruoavallev.oro
T.R l.P Pavement Rehabilitation
Phase I
$1.254.012.21 03t17
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Chase Keys
(951) 332-6464
ckevs@iuru oavallev.oro
Citywide Pavement Rehab
Phase 3
$715,427.03 3t',t7
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga. CA 91730
Romeo M. David
(sog) 477-2740
Romeo.Oavrd@lrlYots-us
Red Hill Park Pedeslrian Trail
Renovation Protect
$171 ,888.70 3117
City of Riverside
3900 Main Street
Riverside, CA 92522
Ben Hatheway
(951) 826-s561
B Hat h eway@riv€Istdcea-sav
2O1512016 CDBG Street and
ADA Footpath lmprovement
$980,681.29 5t17
Cily of Signal Hill
21 75 Cherry Ave
Siqnal Hill, CA 90755
Anthony Caraveo
(562) e89-73s2
acaraYea@eilvalsq L-oIs
Willow Skeet lmprovement
Pro,ect
$922,100.43 6t17
City of Laguna Hills
24035 El Toro Rd
Laquna Hills
Frank Tran
(949) 6,14-3340
ftra n@newporlbcaeh@-soy
Arterial Pavement Management
Project Street Rehabiltation
$1 ,375,406.90 6117
City of Highland
272t5 Base Line
Hiqhland, CA 92346
John Egan
(909) 890-12s5
Iqsan@qseDc.cam
West H(Thland Bikeways
lnfrastructure & Pavement lmpr
$2,678,788.77 7117
City of lrvine
One Civic Center Plaza
lrvine, CA 92623
Brian Brown
(94S) 724-6000
bbrown@crtvotrrvrne. orq
Yale Ave Rehabilitation lrvine
Center Drive Bid No. 17-1160
$2,453,343.83 7117
City of Pasadena
100 N. Garfield Ave
Pasadena, CA 91 109
Tony An
(626\ 744-7403
tan@crtvotoasadena net
Preventitive Maintenance of
Street 2016
$945,932.59 8t17
City of Ontario
303 East B Street
Ontario, CA 91764
Miguel Sotomayor
(s09) 39+2108
nrsolomavor@ontarioca. oov
ATP Cycle I Safe Routes to
School Sidewalk lmprovements
$824,850.88 101'17
City of lnglewood
One Manchester Blvd
lnqlewood, CA 90301
Hunter Nguyen
(310) 412-s333
hhunter@citvofi nolewood orq
Streets &Alleys Rehabilitation
P roiect
$2,639,330.06 11t17
Cofipany NarE:
CONTMCTOR SAFETY QUESTIONNAIRE
Herdy & Harp€r,lnc
Primary Type of Work Corporation
Person Completing Form: steve Kirs(hn€r
Tille: Vice President Phone Number: 714'444-1851
[3[g 3i 9/lt
SAFEry PERFORIIANCE
1 . Lbl your company's lnterstato Experience Rating Modifrer (ERM)1 kr ttE three rnosl rec€nt years.
20_).5 .79
N_)L .81
m t7 .97
2 List your company's number ol inprbslll€ssss trom }!ur OSHA 300 bgs for the lhree mosl recent yeaG.
20_l:_20 16 20_!2_()O
2947!-+-ro 4bx
a. Falatrties
b. OSHA recoldable inciieflts
c. Lcl u,o.k day hck ents
d. Total bst wo.k days
6. Total hours tvorted A\ tV1- 2A1.W ^qz,(& I
3. Upon rsquest from the City, tlE mflfacb(s) shdl p{ovi,e copEs ol tlE bllowifig ilems (a{): ard lterE (d-
g) lor eei listed Subcontretor
a). OSM 3mhgs forthe rEst recenlhree ye s e). TrairirE PlIls
and dJnenl year-todate
b). Vuilicatioo ol ERM lrom your insurarEe canier f). TrainirB Certificabs ,or Ernploy€es
c). lnjurylllrEss Repod
d). Complete written Sahty Program
4. Compa.ry Safely Contact:
g). Emergency ResporEe Trainhg
a. Name Chris l.amen
b. Phone 714.444-t851
1 ERM = appl€s lo smrters'compeosalbn polti,os. ll comp e5 U|€ e&€rience ot lfis coolraclor to ohers of sidar slze type
and ralp l.rsed agdnsl aryual Feinium lt h6 a fu madatbn lo how much the cfitrdol pays in $,ofte{s'mmp p{emfum
Page 48 of 772
1.
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFEW PROGFEM
SCFETY PROGMM DOCUMENIATION
a. Do )ou have a written sarely progrdn malual?
1 ) Lasl revisbn dde
b Do you have a written safety field manud?
c. Are all wofters ghcn a b@klel that contains work ruhs,
responshi[ths, and other approprhte information?
POLICY AND iTAMGEMENT SUPPORT
a. Do yor havo a sabty policy shtemeflt fom an officer of
tE company?
b Do you havo a dEcidinary proc€ss lor enforEement
of you, salety program?
c Does marEgemnl set corporate salety goals?
d. Does executilre managernent Ievtew:
E AcciJent rBpo{ts?
E sehty datistEs?I lnspecton repo s?
e Do you sdety pBquahry subcootrac{06?
t. Do yoJ lEve a wfitten polcy on actirent Eporting
and in\r€stigalbn?
Do you tEye a lighlduty, Ieturn-t}'nork po{icy?
ls salety pad of your supervbois per,ormance evalualion? @*o
Do you have a personal prctective equipnEnt (PPE) policy? (9 to
Cir.r? One
09,,lto
@*'
@r"
(9,
@ru"
@t'
6l;
&.*'
'(dro
No
2.
s.
h
i.
I Panel Screen
k. Ooes eeh level of rvmeement iEve assign€d satety
dulies ad msponibililies?G).
Page 49 of 772
TMINING AND ORIENTATIONa Do you cordtrt safel)/ ori lalion EainiU lo,r each
emdoyee?
b. Do pu mnduc{ sfle safety orienlaton for ewry
person new lo the pb sile?
c. Does pur salety program require safety training rneetings?
lor eah supervisor (foleman and above)?
How o!g?
| { Weekly U lltonttrly LlOuarlerly
d. Do yo! hold tool box/tailgale salety rneetings
focned on your specific 'rrcrt operationyexposures?@,l-low otten?
dweeuy Eority Eorner
e. Do you equire equiFEnt operatim/c8 tificalbn lraining?0
ADMINISTRATION AND PROCEDT',RESa. Does pur writlen safety progran address
adninislrative procedurEs?
lf yes, check which apply:
@,"
@.
4
_ Pre FoFmasf dannlng_ Record keepingI Safuty comrittees/ wacou
I Annuatty I OUer
@'.
v Energency pmcedures
n/,Audiwinso€ctlolB
11 Accdenl in\Estigationvreporting_ TrainirE docurn€ntalion_ Hazardous lraork permils_ Su&ontractor pcqualifoation
@*o
No
! By supennterrjent! 8y pmiecl manager
E ln ecordarEe wilh OSHA
SubslarEe abuse prcventon
Refurn-tGvrort
b. 0o you have projecl safety committees?
c Do you conducl job site safety irEpectons?
How often?
Eoairy dwe*ry flMcnthry !
@
@
No
No
Do lhese inspections includes a routirE salety
inspection of equipmfit (e.9., scafiold, ladde(s, fire
extirEuishers, etc )?
d. Do you invest€ate midenls?
How ar€ lh€y reported?
! Total cornpanyfl By prc,iect
E By foreman
e. Do you dbG-rss safety at all p,eclnstruclion ard p{ogrs mslings? @ tlo
Page 50 of 112
f. Do yourerlorm rggrng and lifting checks prior lo lifling? Yes No
[fFor personnel E For equiparent ! Heayy lifls (rEIe Uun 10,000 hs.)
WORX RULESa Do you periodi:aly lles"-) No
t\ihen wE the last lJ
b Whal lyork pr tces are addressed by yoot *ork rules? _
El cPMirst aii / LlAccess enlEncedslairs
Ei a"ni*do, rign, , ARespr.atoIy protectioo
and signalsI ensting
E CommunbatbnsI Compressed air and gases
E CorErete r$rk
! Confined-spac€ ontry
X C rarps/ngg ing and hoisting
f, Ercctrbal gounding
I Envirorxnentd confob andt lealttdt uresEr pevefltion
oponings
L]a
mahtenancelplBop ctEckg
operalion
n WeEing and cuttins opt $od)
! Materlat trandtingstorage
dFlammabte material hdtdlirE/slor-ago
!ste
excaYatirE
t! Energized/pessurized equiprnent
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Personal protective equipment
Tools, povcl and hand
Eloc[ical powEr lines
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OSHA INSPECTIONS
a Have you been impected by OSM in the last three years?
b. We{e th€se inspeclixE in tesponse to comphints?
c. Have yur been cited as a result ol tlEse inspectim?
if yes, describe the cilations (add additrond slFets il necessary):
Page 51 of 11?
NAI,IE OF BIDDER:
DESIGNATION OF SUBCONTMCTORS
llardy & Harper,lnc
Eaci Bi,de, musl list. on tlE brm provlded on the rExt page, oach Subconfetor ntp will perbm uod( or hbo. or
render service to lhe Confador in or about lhe consh.rclbn of tlE Work o{ impro\ornent or a &ibcontractoa licensed
in SE Sale of Caffomia who, under subconfacl to lhe Co{tractor, sp€dally fabi)ates and lnshh a portoo ol tlre
Work or improvement accordng lo detailed drawings mntaioed in the Diawings ard Specificatpr6, in an amunt in
excess ol one-tElf ol one percenl of the Contraclois Ease Bii Arnount. Each Subconlrdclor must have an acuve and
cune{rt license, ad all rcquisite speidty corlili:atiorE, wlEn listed.
Bidder mt6t proyire the folbwiry infoflnaflon lor glqllSubcontractor.
1 The name of the Subcontractoc
2 TIE lrade ard type ol mrk that tho Subcontraclor will perform;
3. Localion (address) ol Subcontractois place ol busin€ssi
4 Subcontrator's lDense number, and any specialty liceGes; and
5. Dolla vdue ot tlE Work that tle Subcontractor will perform.
Sublettire or subcontreting ol any podim of UE Work in excess of one-hall of one perceot of the Coolractois Base
Bi, to wiich no Suklntactor vyas d€signated in he orEinal 8id shall mly be psrmitt€d in cases ot publrc omoEBncy
or necesw, and then or y der a findirE reiuced to wrilirE I a puub recod of the City setlirE lodh lhe fmts
co{Etituting th€ srErgsncy or n@ssity
lhe Contraclor virates any of the above provbbns the Contractor may be in breadr ol this Conlrel and lhe City
may exercis€ the @lrm, in its om drscrctpn, to (1) cancsl trlis Confad, or (2) Ness the Conlractor a penalty in an
anoi,nl not more than ien percent (10%) ol tt€ arnount ol the subcontract invdved, ad this penalv stEll be &posited
in lhe lmd oul of rvhich lhe prnne Conlrel is awaded.
I the Contrador faih to specify a Sub.onlracto., or if he Conlraclor specifies more lhan one Subcontreto( br the
same lrade or type of Work lo be perfonnsd under th6 Contract in e)oess of one-half of one pecent ol he ConlGctois
Base Bd Amount, theo the Contr&tor agrees that he/she is fully qudfiod to psrlom trhat U/ork hitrrs8f/tErsoll, d
thal heAl|e shall perform thal Work himself/tlerself. lf af,er avyad of Contrtrt, he Contractor subcontract any such
Wort, the Contretor will be $Jbiect lo the staMory pendties
DESIGMTION OF SUECONTMCTORS FORM
IS ON THE FOLLOWING PAGE
Page 52 of '1.12
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The Contractor sha, nol:
A. Subslitute any person as Subconlraclor fi daco d tE $bcontrac{or lbhd in $B orEinal Bij, except lhat
trE City may consent to the $rbstitution of anoffEr persqr as Subcootractor in any ot lhs following
situdims:
1. When UE Subconbaclor lisled in lhe Bij, atter having had a reasonable oppoturity to do so, faib or
reft.Ees to oxecuts a written contret tor the sclpe ol Work specifEd in ltE Subcontraclo/s tid and
at t\e pnce specified in [E Subconhaclois Ud, when that wriltefl contrd, based Lrpon lhe g$erJ
lerms, cordilbns, Dfawings d SpecificatiorE fo. ttE Project or lhe lems of Contracto/s wrift€n
Bil, b presentod h lhe &.5contr&tor by tho Contlacloc
2, When ttE llsted Subcontrdo. becoms insolvefll or Ule suliecl o, an oder b] relief in bankruptcy;
3. llhen the lisled Subcontrelor laits or reftEes to perfom his/tEr subconlract;
4. When the lsted Sdcontractor lails or refuses to rneet the bmd ,eqdrcmnls of the Contractor as
sel foffi in Rlric cmtret code s€di,l 4108;
5. When the Contractor demonslrdtes to lhe City that th€ name d tlp Subconlrador was tisted 6 the
result of an inadvertent clerbalenor;
6 Wpo ltB listed Sukonlractor is not licensed pursuanl to ttE Conlfetols Lbense Law;
7. tlhen ttE City delemines thal lhe Wo* perftrrEd by the listed Subconbacts is subotantiatly
ur6atisfactory ld mt ir substantial acDord ce wilh the &a$rlg6 and Specjficalims, or thal lhe
SubconlBctor b substatiatry dehyirE or disrupting the prcgress of ttE [,ork;
8 Wtten the lbted Subcontraclff is ineligibh to mrk on a puuic mrks p{oject pursuant to Seclion1m 1 ot 1777 .7 d te Labor Codei or
9. When lhe City detemirEs that the listed Subcontretor b mt a responsible contractof,
B. Pemit any subcontral lo be voluntarity asslgned o. lr Eferred or dbv it lo bo perfomed by anyone
othet th tle original SubcoflEador lisled in the orunal Bid, witrult tlE consent of the City,
C. Other than in lhe performance ot'ch ge o{ders' causilg changes or devratirxrs lrom t\e original
Contrd, sublet or subcdltrat any portion of the Wbrt in excess ol orc-half of one percent of lhe
Contracto/s Base 8iJ ArDUnt as to whi$ lis/her original Bi, did not designate a Subcontracior.
Prix to approval of the Contreto/s request kr a Subcontraclor substitulion, the Cily shall givo mlice in writing to the
listed Srbcontractor o{ the Cdtraclo/s Equ€d lo subslitute and d ttc reason for he reqL6t. The noti:€ will be
served by certified or tegisbred rnail to lh€ l6t knoryn addcss o[ the Subcmtretor. The Isted SubconEalor who
has been so rtctr'tud shall have fire (5) Wofting Days ryihin wtich to traNmit to the City written obieclbns to the
substitution. Failure to frle these writlen obj€ctbns shdl constlute tre listed &bcontrac-to/s coNent to the subolilutim.f 'fritten obiectbns are liled, ihe Cily shdl give notice in *iting of at leasl firre (5) WoilirB Days lo the isted
Subcontrdor ol a tBarinq by the City on lhe Crnt.a.ra/s request fff substitutirn
The Contralor, 6 a condilim h asse ing a ddm of inadvedeflt clerid efior in ttE lisling ol a Subcontrdo., shall
within hto (2) WotkiIE Days afrer thetirEolthe Bi{, Deadline,gir/e written notice b the City afld co es of $xh notice
to bolh the Subconlractor he/she clains to haye lrsled h error ad the i ended S{,bcontratol who had bid to the
contr&lo( pfior to he Bid Dedlile.
Page 54 of 112
3.
4.
Bijder $al ansviet the lollowiE questors d sub.nit with his/her Confad Eoposd
1 . Were bid d€pository o. regislry servi€s used in obtdnirE subco.rhetors M figlgls in order lo comFrte you
bid? Yes E No El
2. tf the arE$€r lo ib. 1 b 'Y6s", phase fmrard a copy ol the nles of eatr ud deposihry you used wi8! thb
qu€stionndIe.
Dd you hat e y source of subcontreloB' tids ouEr ttEn M depcitorles?
Has any pefson of group threatened )ou wilh subcontr&tof boycoG, unbn boytotb, of ohor sanclions to
arcmpft convirce pu io t6e ttn services or aDite by fE rubs of one or rno{e bi,]Fpcitodes?' ves! ibEl
I lhs arEr cr lo f{o. 4 b 'Yes", pleae expldn the fdlowiB delails:
(a) DaE:(b) Name ol peaon or grotP:(c) Job involved (if applicde):(d) lbture ol th€ thcats:(e) Addilb{Bl commenb:
(Use additioml pap€r if necessaty)
5
7.
8.
- m-.!.9-.
By:
Title:Steve Kirs.hncr - Vic€ President
was a conscious effort made h rocruit o|l provije equal aportullu fur bids by_I|imdty or prqect area
subcontrif,tds? 'ves El No g
Was a co0scious etlort made to lecnil ad hire p,oiect area lolYer-ilcome resiclenbrfi
Please submit slatement.
We dedee unde{ pendty of perlury thal the lo.egoing is true and con€ct
Allof the above statements as lo expefienco, financial qudifications, and available plant aM equipment ae submitted
in cmiurEtion with the plopcd, as a pan thomof, and he Euthfulness and ecuracy of the infomdion b guaranteed
by the bxlder.
Dated this 9th day of uar.h
Page 55 of 1?2
Lane of
SPECIALTY CONTRACTOR OR SUBCONTMCTOR STATEMENT OF QUALIFICATIONS
IRAFFIC SIGML AND STRIPING WORK
As parl of its Bid, Bidder shall submit this Statemcnt ofQualifications for the Sub{Dnkactor that will pertorm the
(lnsert specialty sub-contraclor work), or tor the Biddcr iE€lf, ifBidder will self-perlbrm the elecuical trsffic signal
and striping work. This information shall pmridc €vidence to indicale succcssful experiencc in providing electricai
u"aflic siBnal and striping work comparable to that sp€cified in th€ Pmject DrEwings ard Spccifications. Rcfcrcnced
qualirications shall derDonstEte experiencr as a succassful installer oitraflic signal equipmcnt and rtlated elcclrical
t.!ork and/or tlaffic striping, psvcment markers, and pavem€nt markings.
{ Bid may be rcjectcd as oon-responsive ifBidder tails to provide this completcd lorm with 6e Bid or submirs this
form with inaccuralc information.
Mrndrtory qu{lirications: Specialty Contracror 1or Biddcr, ifself-performinS) shall possess a valid (C- 10,
Electrical Conlrsctor rnd/or C-32 Prrldng and Highwty Improyement) California Contmctors Licensc ar thc
tinrc olrhe Bid Deadline and at Ell tinrcs during pcrformarrce ofthc Work and shall egablish rhat ir satisfactorily
completed ar lcasl ahree (3) projects as the insraller ofa minimum of {lns€n dcscription ofrhe lf,ork lo be
performed): cach comparable in scope and complcxity to this Project, within thrc€ (3) ycars prior to the Bid
Deadline
Specialty Contractor r,lanre SAFE USA. lNC.
Prorect anager I Foreman:
Phone No: 9099830703
GARY HARMS
E-mail: garyharms@safeusa.com
COMPARABLE PROJEC-S (Proviie at least three (3) projects)
CITY OF ONTARIO SLURRY SEAL PROJECT 20161 Project Narne:
Address.303 East B Skeet Ontario California 91764
Dale Completed l NOVEMBER .21.2O16
Reference / Cont t Name:MIGUEL SOTOMAYER
Reference / Contet Phone No: 9093952000
Descriplion of rrork porformed:STRIPING ANO CRACK SEAL
Prqect Narie:
Address:
TEMECULA PAVEMENT REHABILITATION SLURRY SEAL
41000 Main Street Temecula, CA 92590
Date Compleled:December 1 3th 2016
Relerence / Contrt Narne: CHRIS WHITE
Reference / Contrct Phone No: (951) 308$388
Descriptim ol u/ort perlormed:STRIPING ANO PAVEMENT MARKINGS
Page 56 ot 112
Proiect Name:
Address:
CITY OF UPLAND 16th Street Rehabiritatron
Date Comfleled: OCT -2- 2017
Reference / Cmtact Name: Enayal Khtgyani, PE
Reference i Cmtact Ptrcne No: (909) 9314314
Description ol work pertornEd:STRIPING AND PAVEMENT MARKINGS & MARKERS
Propct Name.CII/ OF SAN MARINO PAVEMENT REHABILITIATION PROJECT F Y 2017-2018 A
Address: 2?@ tll4!g!e! lnve San Marino, CA 91 108
Date Compleled :11-30-20',t7
Refeence r Cofltacl Name: Danny Mendez and Julio Donayre
Reference / Cmtact Ptrcne t,b: 626-300{765
Description ol work perfonned:STRIPING ANO MARKERS
Page 57 of
460 N. Euclid Avenue Upland, CA 9't 786
SPECIALTY CONTMCTOR OR SUBCONTMCTOR STATEMENT OF QUALIFICATIONS
TRAFFIC SIGNAT AND STRIPING WORK
As pafl ol its Bid, Bidder shall submit this Stalement or Qualifications for the Subconractor that will pcrforn the
(lnsen specialty sub-coDtractor work), or for the Bidder irself, ifBidder will self-perftrrm the oloctrical trEffic signal
and slr iPing worI. Thls 'nformation shall pr ovide evidence to indicntc succcssful cxpcrienc4 in providing clectrrcrl
tralfic signal and striping work compamble to that specrfi€d in the Project Drawings and Specifications. Refer€nced
qr-ralifications shalldcnDnstmtc expericoce as a successful installer of traffic signal equip cnl and related clectrical
work and./or rra(fic striping, pavernent rr,arkers, and pavelne markirgs.
A Bid may be reiected as non-rcsponsive if tiidder fails ro provide 6is completed form with the Bid o, submits rhis
form wilh inaccurrte inllcrmation.
Mrndiaory quslific.tioE: Sp€cialty Contractor (or Brdder, ifsclf,perfomring) shall possess a valid (C-I0,
Eletaricf,l Contr.ctor ertd/or C-32 Parking and Highway lmprovemenl) Califonria ConrractoE License at lhe
tirlc of lhe tsid D€adline ard ht all lirnes during perfornrance of thc Work anrl shall cstabhsh t]hal it satisfactorily
completed at leasl three (3) projct,ts as rhe insialler of a m;rimum of llnsert description ofdE work ro be
perfomred); each comparablc in scope and cornplcxity to this Pmjecr, withiI thrGG (3) ycr.s prior to the Bid
Deadline
Specially Conlractor \anE CallforniaProfesstonal Engineering, lnc.
P/oiect Manager / Foreman:Van Nguyen
Phone No: 626-810-1338 E.mail: van@cpengineeringinc.com
COMPARABLE PROJECTS (Provrde at least three (3) projects)
'l Projecl Name: Rosecrans; lmperial/Santa Gertrudes; lmperial/Ocaso
{!{rs5s. 1 5515 Phoebe Avenue La Mi.ada, CA 90638
Dale Complel€J August 2016
Reference / Conlact Name: Lori Wolfe
Reference / conlact phone No: /'144O2-W5
Descriplion d work pedglmsfl Traffrc Stgnal
Proiect Na[E: San Gabriel Blvd/Paramount Blvd (Huntington Drto Montebello Blvd) #TSMOO10195
Address 900 South Frernonl Avenue Alhambra, CA91803
Date Compleled,August 2016
Relerence / Conlact Name: Tim Bazinet
Reference / Cortact Phone No 626-458-2185
Descriplion of work pedorrned-
3. Proiect Narnei Traffic Signal lmprovements at Pasadena Ave & Walnut St
Address: 'l 00 N Garfielo Ave
Date Completed:January 21r 16
Reference / Conlacl Name: John Ramey
Reference / Contact Phone No: (626) 744$912
Descdption of work perfolrns6; lnstallation of conduit, Pull Boxes, Loop Detectors and Bicycle
& Poles, Cabinet & Controller
4 Project Nanre Trafflc Signal Modification Raitt St'eet at Adams Street
Address: 20 Civic Center Plaza Santa Ana, CA9?701
Dale Conlpleleo August 2015
Reler€nce l Ccnlacl Name Edward Tortes
Relerence / Contacl Ptorp \o: 1f1tQ1l99?9
Description of u/ork perlormed: t,
Cabinet & Controller, Access Ramps, and
Paoe 57 of 172
CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION
SIATE OF CALIFORNIA
COUNTY OF
2
3.
Steve Kirschner being firsl duly s,wo.n, deposes and says:
1 That heblE is ttE Vicc Pr6idcnr (Titb of office if a coporation, 'sole owner,' 'Padner,'
or otlEr p(opef tille) of Herdv & Harper,lnc . (lEeinafter called'Contractof)
wiro ius submitled to tho City of Vernon a Bid for lhe constn-6tion of the Downey Roed lltplovemenb;
ftat s.id Bid b genuine; hat the sarne b mt sham; thal a[ slatemenb d facl therein are tflJe
That said Bid is not mado in tho i4terssl or behalf ol 4ly person, parlrErship, co{npany, association,
orgaization, or corpora$on not named or disd6ed;
That Coniractor dij mt, direcfly or indirecly indrce, solidt, agree, collude, conspire s contrive witrr
anyone else to submil a talso or sham bij, to refrain lrom birding, or wihdraw hidher bii, lo raise o. fix
trhe Bid prico ol Contracto{ o. of an}one ebe, or to r*e o. fx any olerhead profit, or co6t elernont d
Contractor's pdce or lhe pdce of anyone ebe; ard dd not atlempt lo indrce actim preludEid to UE
interesls 0l UE City of Vennn, or of any other Bilder, or anyone else intefested in the poposed Conlract;
That he Contracto. has not h any manne{ sought by cdlu$on to secure for hirEelf an advantage orrer
any olher Edders or irduce actbn preiudidalto the inbrests of the City of Vemm or of any o{her Bidder
o{ anyone else interested in t}E popGed contract;
That the Contractor has nol accepted any bid lrom any Subcontraclor or material supplier throl4h y
birj deposrtory, the by'am, rul€s d r€guhlbrE ol which Bohibit or prevent the Contretd fDm
mnsidering any bij trom any Subcontftrctor or materialsupplier, wtah is not p{ocessed through said bid
depGrlory, o{ which prBvent any Subcontractor or rnalerid supplier fmm bidding to aty Conlractor wtb
does qol use he feilities of or mept bids from o( though sudt tid depGitory;
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Page 58 of. 712
7. That the Contreb did mt, dirEcty or indirslly, submit 0re Conbeto/s Bid grcn or any bteatdown
ihereof, or he contenb Upeof, or diydge htormatioo or daia relative thereto, to any coryoratDn,
partrErship, co{npany, Gsocialion, orgarizdbi, bid deposito.y, or to y rEmber or 4ent bemof, or
to any indivirrd or groop ol irdiviluah, except to the City o{ Ve{mn, or to any person oI porsorE ttltp
have palnership or other finaEial inlerest with said Conttaclor in higiEr businoss.
I declare urder penalty of perjry under the lau,s of tlE State of California that lhe foregc*E is true and cofiect.
Dated this 9th day of March,2ol8
lilonUVYear
, Califomia
Slate
CONTMCTOR'S SIGI\nTURE MUST BE NOTARIZED
Page 59 of 172
CALIFORNlA ALL.PURFOSE ACX}IOWLEDGMEIiIT crvrL coDE s fi89
A noldy plblic or othct offlc€r comCctlng tts certiflcat€ verifies orly th€ iJentity of tie indivldual ryho s(Ied thedoq,nfit lo whi$ lhb cerlificato is attadEd, and mt the lrulhlunsss, accracy, o( validity of that documeni.
Stale of Calitornia )
County ol Oranqe )
On March 9.2018 b€rore me, Tina Pham- Notary public
Date
p€rsonally app€8rBd
who proved to me on the oasis oI satistactory evidence to be the person(S whose name(4 is,/d(esubscribed to the withrn irstrumenl and acknowledg€d lo me lhat he/slralttry €xecuted tho'sarne inhis/tr.rnheir authorized capacily(ia6), and that.by hiytEr/th€ir signature(4 on the instrument the person(r),or the entity upon behall ol which the person(A act€d, execuled the instrurn€nt.
I certify under PENALW OF PERJURY under the lawsol the State o, Califomia that the loregoing pnragraph
is lrue and coryect.
WTNESS my hand and official seat.
Signature
Plee I'totuy Seal Above
OPNONAL
rhough ,rrs saction is optional, completing this inlonnation can deter aftqation ol the d&unent oltraudulent reattechment ol this fom to an uninten&d documenl.
D€scription ot Attached Documont
Titl€ or Type ol D@ument: Non€ollusion Document Date: rvarch 9. 2018
Number of Pages: 2 Sign€(s) Other Than Named Above:Dwiqht Reillv
Capacity(ies) Claimod by Signer(s)
Signer's Name: Sleve Kirschnor Signer's Name;
il] Corporate Officer - Titlo(s): vh. preeda^r I--'l Corporata Offic€. - Trfl€(s):L Parln€r - lLimited n General
' lndivrdual i- Attomey n Fact
I Parlner - ,- Limited ]General
L lndividual . - Attomey in FactL TrusteeI Olher:
tr Guardian or Conservator I lTrustee
tr Other:
i Guardiari or Conservalor
Signer ls Representing;Signor ls Repres€nting:
Hardv & Haroe.. lnc
r(*w_xx$
Here lnsed Nan?€ and Title of the Ollicer
q2014 National Notary Associstiofl . www.Natiomlt\otary-org ' l-900-US NorARy 0-g0Gg7e6824 ltem t59c7
THE BIDDER'S INSUMNCE COMPAIf/(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM
AND
THE BIDDER M{JST SUBMII THIS CERTIFICATION WI]H THE BIO FORMS.
listod below hat/e
ents. ll the clty of
14) c€lendar days
afler tho Contrdctor b nolified of tho ConEact's awad--{o fumi$ lhs City wltr rrlid hsumce forms (ncluding one or
more insurance ce ifratos and addili$el irmured ondorcsronts) that fully rtEet all ol he lnsura.Ee ReQulr9menls.
3/13/2018
Dale
Lori Fitzpatrick
{signature)
15901 Red Hill Ave sulle 1 cA 92780
Address
Wood Gutmann & Bogarl lnsurance Broksrs
lfilzpatdc*@wgblb.com
Belor Slale Oe Na'n€ ol lnsw & CofiPany Pwidiry Caruage:
DO NoT writo 'lvill Prcvile,' 'To Be Detemined,' 1ryhen Requhod," or simlar phrases,
Zurioh American lnsurance co.First Mercury lnsurance Co
Comnercial Gsneral Liability
Zunch American lnsurance Co.
Worlers' Conrpemalbn LiabilitY
Citv Will turchase Policv. il mouired
Bullders RIsk
Evanston lnsurance Co
Automobile Lisbility
Pdlution Liability
[,loTE TO CONTRACTOR: See "tnsurarrco Requkements'ExHlBlT 4 of rre contrct lorhs Bquirementof obtdning
Pollulion Iiabiity lr}surance.]
NOTE TO THE UNDERWRITER / AGENT| lf the insunenco torms that ths Contretol submils to t\e Clty do nol fully
cor"py *ttr tre tnsurance R€quirenEnts tails io sub.nit th€ ,orms wfhin the 14'day time llmit,
the ilfi may: (1) declare ths Contractol's (2) Bs,erd th€ ConEacl to the noxl lo$r86t tBsponsibls
&lder
Page 60 of 172
Lori Fitzpatrick
4^ lnsurance Agent's Nane
LMNG WAGE COMPLI,ANCE CERTIFICATION
THs cDntract ls subject to tfE C.lty of Vernon's Uving Wage Ordlnance, Vemon Munldpal @de Chapbr 2,
Mide XVIII COrdinance'). The Ordinance reqdres Elat service @ntractors providirp labor or services to
the City by cmtrdct in excess of 925,0m:
. Pay no less than ten dollars and thirty cents (910.30) per hdlr with medical berEfits, or ele\€n
dollars and f,fty-fi\€ cents ($11.55) pe. hour without medical benefits to all ernployees, as defined in
ttE Ordinance who, at any tirne, provkj€ labor or deli\€ry seMces to the City of Vernon. Additionally,m ldy lst of each )€ar thereafter the Ljving Wage rate shatt be adjusted by the dEnge in the
Federal Bureau of Labor Statistics Consumer Price Index, for the Lo6 Angdes area, fior the rp*
recently availaue 12 rnonth penod. Accordingly, oJrrent Oty oontractors will be required to adjrEt
wage rates no later than lL{y 1st, to remain in comdiance.
. Notiry employees wlp spend any of their Ume provldirE hbo. or ddlvertng services to Ule City of
Vernon who rnake less than turetue ddlars ($12) per ilour of their possible right to the federal Earned
IrEonE Tax Credit (EITC) under g 32 of Ule Internal Ret/entE Code of 1954, 26 U.S.C. O 32, and
rnaklng avallaue to sl.dt employees funns requlred to secure advarEe EITC payrn€nts.
o If there is a dlfierence between tfE Vernm Living Wage rates and the Calibrnia prR/ailing wage
rates for the sa]rE dassification of hbor, the Contractor ard subcontrador slEll not pay less than the
highest wage rate for that dassification.
The selected contractDr will be reqdred to Storry comdiance lyith the LivirE Wage Ordin ce by
subrnifting payroll records as reqEsted by the City. Each record shall indude the full name of each
emplo!€e performlng labor or proddirE services under the contract; job classificauon; rate of pay and
benefit rate.
Prcvisions of the LivirE Wage Odnance may be waived in a bona fide collective bargaining
agreement, but only if the waiver rs explicidy set forth in dear ard l'rlambiguous terms. If this provision
applies, you must provide a cDpy of the mllectrve bargaining agreerEnt to the gty.
I do tEreby cerury and declare Lrder penalty of perirry that if awarded the contract for whidl this
bid/proposal is rnade. Hardy & Harper, lnc will comply with the
(tYan€ of Cofipsny)
rEq
the n-ies and regulahons prornulgnted thereunder. I understand ttEt failure to cornply with the
p.ovisims of the Vernon LjvirE wage ffiinance may result in termination of tiE contract as wdl as other
penalties as stated in Vermn Munidpal Code Chapter 2 ArtEe XryIII.
Please return this form with your bid./pmposal. qrestions conceming the Living Wage Ordinance should be
direct€d to the Department of Finance - Purchsing Division 323.5E3.881l.
Page 61 of '-'72
Article I.
Artide U.
CERTIFICATE OF EQUAL OPPORTUNITY PMCTICES
Gty of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) s83-8811 Fa( (323) 826-143s
Intemet: lufl44itvoryge!.olg
Affidavit of Equal op@rtunity Employment &
Nm-segregahon (Form AA- r)
Vendor Ust QrEstionnaire (Forms AA-2 &3)
In order to be placed to the Cty's vendor list and be eligible to receiw City business, you must
provide the following information except where irdicated as "ofiional." By submifting this brm
you are declaring under penalty of perjury under the hws of the state of california and the hws
of the United Stat6 that Ble information -ts true and corre(t. Furthermore, yolJ ale certirying that
lour firm will adhere to equat opportunity employment practices to assure that apdicants and
employees are not discriminated against because of their race, religion, color, national origin,
ancestry, disaulity, sex or age. And, your firm does not and will not maintain or provide for its
employees any segr€gated facilities at any of its establishments, and that it dG not and will not
permlt its employees to perform thelr services at any lcation, under its control, where segregated
facilities are maintained.
Name of Company: Il$dy & Harg{r. Inc
Business Telephone: ?14-4'r4-.l8sl Fax Number:r{ .l{+ 2lt{J I
(opt'pnal)
fudp65; l-rl2 E, Wan cr 4\l!:l
City:Silnta.Ana State: cA Zlp
Contact Person Steve Kirs.hner E-mail Address tpham@hardvendharoer.com
(opUonal)
Tax ID Number (or Social S€curity Number)
Remit Address (if different)
91 2251022
Please state clearly and conclsely the type(s) of goods and servkes your company provldes:
The followlng section is OP'IIOML ano is ior statistlcai reportlng purposes only. Ownership
(dease 6eck all that apply):
African-American- Aslan- Armenlan- Hlspanlc- IG \€American-
DisaHed- Female-
Page 6? of l'12
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WIRTGENGROUP\V 9wirtgen
Technical specif ication
Mobile cold recycling mixing plant
KMA 220
=io
a
Technical specification
Planl capacity
Mixrng capacily
lYlax partEte size
Tlanspgrt dimensioos and woights
Lergth \xrlhoul cabin/wrlh cabh
Ho ghl
Tolal weight
Proportroning of rn neral agEregate
C8paclly of p.oport,onmg tFP.oer
Fee<Jin9 widlh
FecdLng height (avorag6)
Mixer
TYpe
Cp6raling prr.rciP e
Er€he
lvlanulaclurer
Type
Cooling
fbmbEr ol cylrd€,s
Rated poYJer
Engne spaod
flsplacemenl
Frel cons,hption. lull load
Fillng capaciti.s
Wrt6a ta,lk
Fuel lank
Ityd.a'rlrc lluid tark
Electical sFtem
Conveying capacldc!
Feeding aug€r tor hydiaullc bindlng agfilts
Addltir ot waiBr
Additir ol titumen ernulsion
Addltion ol hot bitumon lor loam€<l Utumer
Hot b.'tuman hedlng aygtem
Coowyitg syslem
8.!t "ddth cl lea.lio. ionvp),or io m!!(r
Bell wrdlh ol di9chalge conveyor
Slewhg 6n0h ol dBcharge ccnveyar (right/16ft)
DimcnCoN o, cdan (L x W x O
2m t/h
45 rnm
13,aOO rn n/ 14,710 mm
2,500 m{n
4.000 mm
apP.ox- 3O,5@ dani 0(q)
2x6rr'
3'710 rrYn
3,6m rnm
Twin-shall comPxJlsory m xe.
CurlirLrqrs 'r;xcr
2 x 30,0 kW
Full wea,'_.eslstalt lniog
Deutz
TCD MI2 LO6 2V
Wato{
6
129 4 kwl l/4 HP/'' /6 PS
2,100 min I
6,060 cnf
36l/h
Moblb cold rccycling mixing plant KMA 220
4,500I
4@t
4mr
13 mr/h
2001./min
l80l/min
160 /rnh
42V
I 0C'0 mn'j
g00.nm
20'l'35'
2,000x1,310x245Omm
IIEI
Dlmonslona ln lrvn
Plent h Eaniport modc
Basb design
The dant is used lo, the fodrctioo of cold mixes- lt op€r-
ates lnd€peodentty ot extemd po\n€r sourc€3 and can sim-
piy be transported to 6ny suitabb job loc€tlon.]}rc dafltl
components are perflranenlly mouoted ofi A low-bed tarlef-
The dant is sgt up withln an €xtqr€ly short p€.bd ol tinE.
Low-bod semi-trailer
ChaBsls hame of hilh-grad6 s€ctional sle€1, in lightweight
design with c€nt'al plvots to OIN ard SAE stsndards.
Thieo air suspension axles wa \ .aising and lowering
lunctbns. a v,r€llas auto.natic, load{epond€ot all-whel
ai. kales ln acco.danc€ wlth th€ rebtraDt EU dr€ctirr€.
fhe plani 13 rnouoted by means of contalner corner
b,ackots
Bualt-o.r rnectratical and lrydraulic t6l6cqing suppqts arc
avalhHe to suppori tho tull loed ol the bw-b(, s€mi.trait€..
Th€y can b6 operat9d frcm one grde to ensure simple selup
and adj'rstme.rt of lh€ mlxing dant.
Englne
Allpumps and hydraulrc motors arc driv€n by a wate(-
cooled dle3el englne.
The enginc comdies with the strlngsrt requkerEnts
stipulated by the US Environmentd ProtEtion Agoncy
(EPA Tr€. lll) and the EU (Stegp t 4.
Proportboing itopper
Geoergusly damensbn€d. twin.chanbe. p.opo.ttoning
hopper with oversize separatjon by fiEans of vib.ating
srrc€ns ofl both hopf-!, fed secliorE.
The scrBen3 can be fold€d up hydradically lo alhw easy
cleanlng. A vertkd partitm eflabl€s tpo difls€nt egrE
gato tractbns lo be chsrged.
2r3
The aggregate ratio is cont.olled vb rn€chanically
ditEtaHe gale valves at the hopper! #charge pornt.
Iateral tlaps at the hopper ,rame tacilitate building o, an
app.oac*r rarnp, whib p.otecting the sgction gl the bw-b€d
traler behind them against soiing.
Belt conve)ror tor re€ding ths coanArbory mixor
A gpncrously dimGnsloned belt convey{ UatEpgats the
diftq€nt aggrogate ,ractbns from ihe h@p6r to tf|o rnixer.
A con\,/syor cover and covered h-ansfs poirt drsrnE low
dugl levelg durirE t anspon.
The bdt b kept dean by a scraper bar at the dell€ctbn
BJlley on the dischargp side and an intemal sc{aper h ,ronl
ol the return pulley.
Beh scales eqrDped wlth a mainlerEnce-trce lod sensol
determi.E the qjneot cmv€ying rale.
The rnoasued value b used as an input variable lo.
colltrolling the addition ol bindirE agents.
Conlinuous mixer
Twin-shaft co.ltinrcus mixer with wear-resistant mixing
arnrs and aoli.Etabb mixing blades rnde {rom special hard
casl iron Mixing fough in sts€l design with an int€rior
lining ol wearing plates.
The easy-lo-se.vrca Uough coye, rccomrnodat6 the
iriection bar for foamed bitum€n.
Tho mixerb f, Ing bvel is set lo the oplimum quantity by
means ol a hydauliEly adiustable dbchargo oponing
onto the digcrrarge conveyor.
Eelt con\r€yd lo. badaqg the cold mix
The discharge conveyor B folded in trydreulically fq
lranspod, lt can be slewed horizontally wl€n in operating
pcition.
Plant conrol and switching syslem
Conuo of ihe plsrt ts otfscted lulty autornalrcally via
mcropfocessors.
The plant is operated from a cle ly structued op€rator
inlerface.
Co.*rol fu.rctirs include: balch Eodrclbn, alrtqmtb plant
start-up, npnitoring of the indiviJual div€ syst€flrq watring
signals h case of matsial sflortage, rnoltoring o, fali E lev-
€b, t€rperatrG dld pr6ur€8, p.€-sel€cibn ol tonn4e,
automalic plant sfr.d.-dowrl as weo 8s 6gvic€ mode.
Pr€cis€ adierBnce of the mix quality to ttro specitb.J tomu.
la is ensur€d by coninLroruty rnatctiE the tagel vdncs
wih the 4tualval(E o, the difl €r divo systorns. Ihe
planl is @6rated fiom a clsrly sttrcturod rnaln contrd con-
sole, wlich pe.nits monitomg o, UE 6dnB mixr€ p.oc€ss.
Tho hdvltual modub ae €quipp€d with additixEl cofl-
Eol pansb tor servrce and nEintenanca.
Th€ conuol consolc can oplbnally be hslallod ioside a
catrin. Fro.n the catin, th€ ptant operator ha a good vbw
of the plant and the l@(hng oper-atron.
CGC (Cockpit Graphb Cenbe)
All cunent ssnil€s oi tir€ mixrng plant are continuously
shown on lhe CGC dbplay.
A p.intlr b avarhbae 6 an optbn ,o. docurnentirE the
rdevant Fb date
lnslrumonts
A multi-lunctio.ral #play shot'6 th€ plantb operaling
lErt.q o'l pressuE engine temporatu.€, ci g€ ai
t€mp€rature, hydraulc llLriJ temperatLr€, engino sped,
lillirE level of luol tst(, as wd as charge control.
AdditiorEl fi lts contamination irdicatq.
Electrlcd sysletn
24 V system with thre€-plEse alternator and two 12 V
batt€dss, starterl, sockst and hoan, 6 wdl as a compielEn-
sive bhdng syslcm.
Hdraub syst{n
ln&pendent hldralrlic systearE fo. mixer. belt corlwyor's
and addrtbn of binding agents.
The h)draulc purnpo are diven by the desel enoine vh
a sdittor gsbox.
Urater Systean
$raB, b led to tlE mir€. vb a conuold eccanlric worrn
Brmp eithBr externaly ftsn lhg rirtlt or left side ol t E plani,
o. trom ttle integatod tanL
Ths wats h iniect€d at th€ mixe/s intake Xint.
A rnag.Etorndrctve llol,y rlEl€r enstl'€s oPti rum mete.i.lg
oI tlE water quantitl€s. The tank filling level is monitorcd via
a cfisphy at tho wate. ta*.
Fcditg of hydrlulb bhdlng agonls
Hy&Eulic binding ag{ts &€ ted into the compulsory mix€r
by m€ans of a sl€wingl€€dirg augs and a woighing aJgo,.
The re€d,ng auger can bo pcitbocd on the lett or r{lhl side
of the mixing phnt, B rcquited.
For fanspo.t of tlE rixing plenL the l€eding sugs is sirgy
slow€d and seGr€d on top ol th€ mixer frame.
A lod cel is us€d fo. accurate *eiohing ard (Etering ot th9
bndhg 4€ris.
A sp€dal barEport lock srsurir€ that ths load coll is salely
sedlr€d dunng hansporl i8 part ol the plaflt's standard
equip.nent.
Bltrmsr amulsbn syste{n (optbna0
Controlled eccenlnc worm pump ior bituinen emutsion with
efirubrofl intectiryl bgr 6t the coartrouotB mixor, llow rrEler
and accompanrng co.rtrolloa ls p.Eisa rnetering. Eitu.nefl
ernulslon can be &awn lro.n dther sldc ol the plant.
Fosm€d bitum$ aystom (optiorEl)
syslem with ol€ctr(5v hesrod gesr pump for hot bjtum€.r
(rnaxrnxrm terDperature 200 'C), loamed bitumcn hiq:tion
b€r with seveial exparrsbo ct9rnbers, water inieclion into
the expansion chamb€.s ,o. the productir ol foamed
titurnen, as well as l€sl nozra for blturnen ssnplrng, Erd
titunEn fdte. w h ternperat e indjcator.
AI titum€n hos€s are ift$lated and ol€cubally h€€igd.
Mele.ing ol the hol bltumsn quanliibs via flow meis, and
moolioring o, biturnen and water pr€6surs. Complete opei-
loop and cloGed-loop conballe lor the ,oarrEd bllurnen
slstsn. Wat8r lor tho prduciion of foam€d titurnen €
dras,n hom the wat€. tank by m6ans of a pbtofl pump.
Equlpm€nt
Pbnt opa.rtion- - Cabln
Flgalir,g systom lor cabh
Air'co(dillgnlng sFtem io. catin
ftinter lor )ob d8la
Procosslrg ot cold mix
Mclgrlng unlt br bltunon qnulslon
Metering unil ,or hydrBJlic ti ding aoents
Co r*tlon fo. srJpply of hydBrlic H.dlag ag$ts vla silo
Hopp6( lo. rnanuS, supply of hydr8ulrc Hrding agsrls
Metorlng unlt br wotE
tletoring (rlfi lor l,osrl€d Hhrnm
Healed h€e tor hot bihrIErl supoly
HtlcrlLneous
Specral paintrrE
Http.essuE watd Yrash dowl
F1ap6 lor build rg a rarnp to. wh€d loaders
Soundp.ooGng
lrfo*placo li*ttir€
ComfretE 6ive lod k'l
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CorrpaBhe4sivo salety package with erndggrcy srop brtlo{rs
Scr8phg b.lEh at dbchaIga coov€)/o(
Additional Xo.loi lishlt€
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Wirtgen GmbH
Heinhad-WinFo-Srrassa 2. 53578 WirdhagBo ' GenEny
Phone: +{9 (0} 26 451131{ ' Fax: +49 (O) 26151'131-242
lntcmei: lyww'wingen-com' E-Mail: inlootlirtgen.com_)
rder r. rdu, otry4 ba , -I - rti.d b.rEi.raE birr
A.bltrE 6..ry.ia* r1@ftE h. aa.tr 8.{oo+our cLtsso.rcit'' !o' ' Fri'dhc'1t,
COLD CENTRAL PLANT RECYCLING (CCPR)
Qurlity Control Firm Rcsponribilities
Process and quality control proccdurcs to verify cold central plant recycling (CCPR) is progressing
per the specifications will bc performed by certified laboratory urd field personnel from the Qualiry
Control Firm (QCF) along with pcrsonncl trained and experienced from the recycliag oonuactor,
Pavement Recycling Systems, Irrc. (PRSI) and the gencral contaclor (GC). Emulsified recycling
agent (cmulsion) verification, if required, will be conducted by the Emulsion Testing Firm (E'fF).
Quality control procedures by QCF will include verification sampling and testing to be performed at
a rate sufficient to ensue that cold c€ntal plant recycling, placement, compac.tion, and finishing
conforms to the project specilications. Extcnt ofauthority for QCF will be to report test results to
GC, PRSI and Engineer and work with the roller opcmtors to assist in attaining the maximum
density achievable. The Engineer will have unresrricted access ro the QCF's laboratory, sampling,
tcsting sites, and all information resutting from quality control acrivities.
The QCF will verify that cold recycling work will not be performed during wer conditions, nor
started if rain is imminent. Immincnt is defined as being forecested within a 24-hour period on tho
National Weather Service Web Site htto:/,iwww.wrh.noaa.cov for the most representative and
nearest location listed to wtrcre recycling is to bcgin oat day. QCF will verifi that the ccpR work
is not perfomed unless ttre ambient temperature is a minimum 50oF and rising. QCF will verify
that rccycling operations other than compaction are completed a minimum oi 2 hours beforc sunset.
with all compaction, fog sealing and mnding cornpleted a minimum of 30 minutcs bcfore su$et.
Prior to removal of the par.ement to be ccPR the QCF will note aay surface changes such as new
and extensive patches (lower binder to be added) or excessively dry and raveled areas (higher
bindcr to be added) and inform PRSI so that separate stockpiling and emulsion adjushncnts may be
made. Any deviations from the mix design will be documcnted by rhe eCF. Ihe eCF will obtain
two 0.5-gallon samples of cmulsified rccycling agent from each load delivercd io ole project and
provide a portion from one set of samples to PRSI for field emulsion sieve testing and keep the r.est
ofthe one set of samples in storage or provide to the ETF, ifrequired. The remaining set of
samples will be delivered to the Engineer at the end of each working day. Each day eCF will
obtain a sample of the cold rccycled mixture and split the sample with the Engineer.
On the first day ofoperalions, a test sbip will be constnrcted. The QCF will:
1. Verify and document that the equipment, marerials, and processes utilized to producc rhe
recyclcd pavemcnt material layer conforms to thc requiremcnts of lhc project specifications.2. Determine the optimum time to begin paving and/or compaction dependcnt on cloud cover,
tempcratue and relative humidity and document any adjusunents made during the day as the
temp€Iatule changes.
3. Verify the optimal rales for emulsion arrd water recommendcd for the rcclaimed asphalt
pavement by the mix dcsign by visually observing the reryclcd mixture cxiting the pugmill
and during paving. The recycled mixture will be examined for coating and.tetneis'l If
the materiEl compacls under a rolling tire or by firmly standing on a small portion and if the
particles all appcar to have uniform color and "coating" then ..optimum,' emulsion and
moistwe is likely presenr.
4, Determine via tlre sequence and maoncr of rolling necrssary the maximum density by
establishing a mlling vs. density chafi that s]nws the progress of densification from initial
laydown through maximum obtainable density at the *bresk over poinl".
5. Dctermine the relalivc compaction of the test strip by measwing nuclear gauge density at l0
random locations using a random sampling plan and computing the rclative compaction.
During in-place deDsity testiry of the compacted recycled pavement, lhe nuclear gauge will
be set to the recycled section thickness. The average in-place density will be used to
calculate the rclative compaction for the test strip. The averago relativo compaction will not
be less than 97 percent or Sreater than 103 percent of the maximrm deosity obtaincd. No
individual test will be less than 95 percent or greater tban 105 percent of thc maximum
density obtained in th€ test stsip.
6- Sample tlrc recycled material prior to the addition of the emulsion to Prform a field wet
sievi to verify that the reclaimed asphalt pavcment meets the allowEble l-inch maximum
particle sizc and to dctermine the wet field gradation for mBterid passing the I -inch lhrough
ilo. 4 sieves, The sieve results will bc provided o PRSI so they can compare lo thc
gradation bard from the mix design and adjust the emulsion as needed. If the gradation of
the rcclaimed asphall pavernent is significantly finer than the mix design it may indicate a
necd for addcd elulsiron and./or water or if it is coarser it may indicale less binder and/or
watcr is needed.
During the test strip, QCF will record the following information on the attached Cold Central Plant
Recycling (CCPR) Test Strip Report:
t. Basic project information.
2. Gencral weather conditions.
3. Rolling vs. density chart and maximwn density for tlle tcst stip to be used as a basis for
relative compaction calculations.
Start time, efld tirne and location oftcst stip.
Ambient lemperatrue.
Lcnglh, widt\ thickness and squarc yards ofrecycled pavement and calculated mass (tons)
of rcclaimed asphalt pavement Procc^ssed.
Amount of cmulsion added (ons), and thc amount oferuulsificd recycling agcnt add€d
compared to the total mass of the reclaimed asphalt pavement processcd (pqc€ntage),
veriiying it is wirhin 0.5 percent of the job mix fomula established in the mix design.
If used, the amount of recycling additivc added (tono, ard tb€ amount of recycling additive
comparcd to the total mass of the reclaimed asphah pavement processed (percenage).
Arnount of watcr Bdded (tons), and th€ amount of water added compered to the total mass of
tbe reclaimed asphalt pavement Focessed (percentage), veriffing it is bet',veen 0.5 and 5.0
percent of the weight of the recyclod Povemenl mixhrrc pcr the approved mix dcsign unless
a gr€atcr variation is detcrminod nccessary.
10. Maximum particlc size of the recyclcd mrterial.
I l. Rate of fog seal and sand cover.
12. Nuclear gauge readings of in-place density and calculated relativc compaction oascd on the
maximum density &fined by the most appropriarc rolling vs' density charr) at 10 raodom
locations.
I 3 . Average density and ,elative compaction for the test strip.
14. If any changes wEr€ made to water, emulsion or recycling additive contents and thc rcason
for the changcs and wherc srrch clranges were madc.
15. Wct field sieve results.
2
4.
5.
6.
7.
9.
! 6. Job mix formula from ttre mix design.
17. Load nurnber, tons, and time for each delivery of emulsion and recycling additive.
18. Any remedial work completcd.
After verification of the te$ sfip, cold recycling operations will continue thmugh Oe first day using
the same equipment and methods establishcd during the tcst slrip. Each day the, QCF will record
on the attached Cold Recycling Placement Report the following:. Basic project information.. General weather conditions.. Cold recycling construction progress including:o Cold rccycling locations/stati onso Total cold recycled pavement completed for the dayo Lot numbcrs completedo Total cold rccycled pavement placed to due
The QCF will divide the project into square yard lols and will:
l. Measure the in-place densily, and relative compaction for each lot. During in-place density
testing of the compacted recycled pavement, the nuclear gauge will be set to the rccycted
scction thickness. The average in-place density will be used to calculate thc relative
compaction for each lot. The average relative compaction will not be lcss than 97 pcrcent or
greater than 103 percenl of the maximum density determined for the iesl strip. No
individual tcst will b€ less than 95 percent or $eater than 105 percent ofthe maximum
density obtained in the test strip. Ifexcessive or low compaction readings arc detemlined
during the compaclion testing by QCF then the QCF will have the roller operators esrablish
a new lEst s8ip.
2. Samplc the recycled material prior to the addilion of the emulsion for each lot to verify that
the reclaimed asphall pavement meets the allowable I -inch maximum particle size, the test
results will be reported immediately to the Engineer.
3. On every third sample taken, perform a wet ficld gradation for material passing the I -inch
0uough No. 4 sieves- Thc sieve results will be provided to PRSI so they can compzue lo tbe
gradation band from the mix design and adjust the emulsion as needed.
For each lot QCF wilt record on the attached Cold Recycling Placcmcnt Report the following
information:
l. Lot number, start time, cnd time and location.
2. Ambienl lemperature.
3. Lengfh, widdr, thickness and square yards of recycled pavement and calculated mass (rons)
of reclaimed asphalt pavemcnt prccesscd.
4. Amount of emulsion added (tons), and the amount ofemulsified recycling agent added
compar€d to the total mass of the reclaimed asphalt pavcment proccsd (pcrccntage),
verifying it is within 0.5 percent of thc job mix formula cstablished in the mix design.5. If used, th€ amount of recycling additivc added (tons), and the amount ofrecycling additive
compared to the total mass of the reclaimed asphalt pavement proc€sscd (percenrage).6. Amount ofwat r added (tons), aud thc amount ofwater added compared to thc total mass of
thc reclaimed asphalt pavement proccsscd (peruntagc), verifying it is bctween 0.5 and 5.0
7.
8.
9.
p€rcent of the weight of the recyclcd pavement mixtuc per thc apProved mix desigl unless
a grcater variation is det€rmincd necessary.
Maximum particle size of the recycled material.
Rate of fog seal and sand cover.
Nuclear gauge readings ofin-place density and calculatcd rclativc compaction (based on the
maximum density defined by the most appropriate mlling vs. dersity chart) al l0 random
locations.
10. Average density and relative compaction for the lot
I I . If any changes werc made to water, emulsion or recycling additive contents and the re€son
for the changes and where such changes were made.
12. Wet field sieve results.
I 3. Job mix formula Iiom the mix design.
14. l,oad numbcr, ions, ard time for each delivery of emuJsion and recycling additivc.
15. Any remcdial work completed.
After a minimum of _-days of cure, QCF will verify th€ moisture content of the cold recycled
pavemcnt. Upon verification that the residual moisture ofthe in-place recycled pavemenr is below
_% or the recyoled paveurcnt bas remained in-placc for l0 days without rain, the recycled
pavement will be recompacted (supplemental compaction) by GC using comPsction cquipmcnt
oudined in the project specifications.
At the start of the supplemcntal compaction a supplemental test strip will bc constructed' .ne !!f
shall vcrify that the vemcnt temperatuE is at least a minimum of 85oF prior to compaction of the
supplemental test strip. Ihe supplenrental test strip section will de&rmine th€ scquence and manner
of .tliog n"""..u.y to obtain thc maximum compaction by establishing a rolling vs. density chalt
that shows the progress ofdersification through rnaximum obtainable density at the "break over
point". At leasi four roller passes will be conducted prior to detormining the rolling pattem-
n"cesra.y for the supplemental compaclion. Care will be taken so 8s not to over compact the mat
or to cause displacernent crackinS. Ifany displacement cracking occurs, the supplemcntal
compaction shtuld be ceased in thal area. ln arcas whcrc compaction of the supplcmental test strip
is able to be accomplished the QCF will determine relative compaction of the supplemental test
strip by measuring nucleu gauge density at l0 nndom tocations using a random sampling plao and
computing the relative compr.tion. During in-place density testing of the compacted recycled
paveme , the nuclear gauge will be set to the recycled section thickness. The average in-plae
density will be used to calculate the relative compaction for tlre supplemental test stip. The
average rclativc compaction will not be less than 97 pcrc€nt or grelter lhan 103 percenr of the
maximum density obtained. No individual test will be less lhan 95 percent or grcatcr tMn 105
percent of the ruximum density obtained in the supplemental test srip.
During the supplemental test sEip, QCF will rccord thc following information on thc anached cold
Recycling Supplemental Compaction RePort:
l. Basic Eoject information.
2. Ceaera.l weather conditions.
3. l,ocation, stations, l€nglh, width and thickness of recyclcd pavement ofthe supplemental
compaction
4. Rolling vs. density chart and maximum density of supplcmental tcst strip that is basis for
relativc compaction calculations.
5. Ambient and pavement temPcrEture.
4
6. Nuclear gauge readings of in-place density and calculated rclative compaction (based on the
maximum density defined by the most appropriate rolling vs. dcnsity chart) at l0 random
locations.
Aller vcrifioation ofthc supplcmental test suip, supplcmcntal compaction utilizing the same rollers
and roller patten establishcd during the supplementa.l test strip, will continrrc throughout the day.
The supplemantal compaction wiLl bs divided into loLs. The actml sizes of the lots will be
detcrmincd aflcr the supplcmentsl tcst strip is complcted. Size of the supplcmenlal compaction lots
will bc approwd by Engineer bcfore proceeding,. Druing thc rclative comprction of the tcst strip
the QCF will delermine relativc eompaction ofthc tcst slrip by measuriag nuclcar gaugc dcnsity at
l0 random locations udng a random sampling plan and computing the relative compaction. During
in-placc density tcsling ofthe compacted recyclcd pavement, the nuclear gauge will be set to thc
recycled section lhickness. The avcrage in-placc dcnsity will be used to calculate the rclative
compaction for thc test strip. The average relative compaction will not be less than 97 percent or
grcatcr than 103 pcrcent ofthe maximum density obtained. No individual test will be less than 95
pen*nt or grealcr than 105 perccnt ofthc maximum density obtained in the test strip. Ifexcessive
or low compaction rtadings are dctcrmined during thc compaction testing by QCF then the QCF
will havc the roller opcrators cstablish a new tcst strip.
l'or each lot, QCF will rccord on tte attached Cold Recycling Supplemental Compaction Report the
following:
L Lenglh and width of recycled surface subjected to supplemental compaclion.
2. Ambient and pavement temperaturc.
3. Nuclear gaugc rcadings of in-place density and calculued relative compaction (based on the
maximum dcnsity defined by the most appropriarc rolling vs. density chart) at l0 random
locations.
CONTINGENCY PLAN
Prior to the start ofany CIR activities 200 tons of commercial quality bituminous surfacing material
made using liquid asphalt SC-800 will be stockpiled onsite. This material will be available to be
used for temporary surfacing in the event ofa mechanical breakdown as indicated bclow or for use
in the maintenance and protection ofthe completed CIR surlhce as outlined in the attached
NONCOMPLIANCE/REMtDIAL ACTION PI,AN.
Recycling Lhit (Cold Mill, Crushing/Sbing Equipmeot, Proportioning Equipment and
Pugmill) - In the event one ofthe above breaks down, the paving and compaction cquipment will
remain operating to properly place the CIR material still in the windrow. If the above equipment
cannot be repaircd within the roadway prior to end of the road closure, the equipment will be towed
fmm the roadway. All CIR material that has not been properly compacted in accordance with the
project specifications and/or damaged due to the equipmcnt removal will be removed from the
roadway. The affected areas will be neatly tdmmed with sraight edges and all loose material
removed. The removed arcas will be filled with hot mix asphalt or temporary bituminous surtacing
in accordancc with the project specifications.
Water, Emulsilied rccycling agent, and Supply Equipment - In lhe event onc of the above
breaks dr-rwn, the recycling unit, paving and compaction equipment will remain in operation to
properly place the CIR material still in the windrow. The recycling unit, paving and compaction
equipment may continue to op€rate until the onboard storage within the r€cycling unit is exhausted.
lfthe equipment has not been repaired, all recycling operations will cease until such time tle above
is repaired or replaced. ln the event the recycled pavcmcnt is damaged due to the equipment
removal, the damaged recycled pavement will be removed from the roadway. The affected areas
will be neatly trimmed with straight edges and all k:ose material removed. The removed areas will
be filled with hot mix asphalt or temporary bituminous surfacing in accordance with the project
specifications.
Paving Equipment (Paver and Windrow Elevator) - In the event one ofthe above breaks down,
the recycling operation will cease and wait for the paving equipment to be repaircd or replaced with
the backup paver.rwindrow etevator that Calportland will have present unsite throughout the
duration of the project.
Compaction Equipment (Steel Roller and Pneumatic Roller) - ln the event one ofthe above
breaks down, the recycling operatiun will immediately cease and wait for the compaction
equipment to be repaired. Ifthe above equipment cannot be repaired within the roadway prior to
end ofthe road closure, the equipment will be towed from the roadway. The exisling paved recycled
material will be compacted with the mller still in operatiun pruviding that the compaction is such
that the surface will remain stable after the road closure is lifted. lf the recycled material will not be
stable after the release to traffic r,rr in the event the recycled pavement is damaged due to the
equipment removal, the damaged recycled pavement will be removed from the roadway. The
atfected areas will be neatly trimmed with straight edges and all loose material removed. When
recycling opcrations rcsume all matcrial that was not compacted in accordance with the project
specifi cations will be re-recycled.
Fog Seal or Sand Spreader Truch - ln the event one ofthe above breaks down, the recycling
operation will cease and wait for the equipment to be repaired. If the above equipment is not able to
be repaired within thc roadway prior lo €nd ofthe road closure, the equipmcnt will be towed from
the roadway. The recycled pavement will be allowed to cure as long as thc road closure remains in
I
effect. When traflic is released to the madway a mechanical bruum will be available to remove any
raveled material until the madway becomes stable. If the CIR material is not stable and/or damaged
due to the equipment removal it will be removed from the roadway. The affected areas will be
neatly trimmed with straight edges and all loose material removed- The removed arcas will be tilled
with hot mix asphalt or temporary bituminous surfacing in accordance with the project
speci fi cat ion s.
NONCOMPLIANCE/REMEDIAL ACTION PLAN
Although not andcipated for this project sinc€ prop€r QC proccdures will be followe4 in the event
$at damsge to the rccyclcd laycr occurs ur quality characteristics and placement procedures are not
in conformance with tbe project specifications rcmedial actions will be implemented. The remedial
actions will be in accordance with Noncompliance/Remedial Action Plan as outlined in I'able 2
along with the ARR{ Troubleshooting Guidelines included as Table 3
Table 2-Plan
Noncom pliance Remedial ActioE Acaion Limits
CIR equipmenl not adding
the proper amount of
emulsified recycling agent
and/or additive.
nel.
areas.
Mix outside limits of
Mix Design
CIR minure in windrow not uniform
i n appearance.
ling operations and check Pugmill
low operation so as not to "out
g capabitities. Re-recycle affected
areas-
Lcss than 90% coated
mix or observed
globs/balling of aphalt
CIR mate
specified
the ernuls
additive.
arfected ureas.
Subjective observation
by Engineer and/or QC
technician
Paving operation not paving to thc
proper line andlor grade.
Suspend recycling Per
adjustments to Pavpersonnel. Re-recy
Paving slope greater
than l% of planned
Completed CIR pavement eomPacted
and stable but irregular or rough
surface.
Cross-rcroll if effective. Trim, colo mill, micro
mill and,/or abnsive ginding as necessary.
Replace damaged areas with HMA.
Outside of sEaight edg.e
requiremenb of
specifications
rxcessive or low compaction
readings.
Establish new lest strip. Determine new rolling
pattem and maximum density.
Outside ofrelative
c.mpaction
requiremen6 of
specifications
Isolated areas of minor raveling or
scuffing.
Sweep and monitor. Determine if rc-fog sea.ling
is nec€ssary to protect.
Subjective observation
by Eng,ineer and/or (.}C
technician
lsolated areas ot major raveling,
rcufling or tearing.
Mainlain bener tlaffic restrictions in are8s that
Determine if
Remove and
old mix or
Subjective observation
by Engineer and/or QC
technician
Large scale areas of ravcling scufling
or tearing in straighl traffic areas due
to low emulsified recycling agent
contenl.
Increase emulsified rccycling agenl content in
future recycle arcas. Remove and replac€ with
HMA or re-recycle long areas.
Subjecti ve observation
by Lngineer and/or QC
technician
Table 2- Noncomplielce/Rcmedirl Actioa Phn (conthued)
L8rBe sczle areas of rawling
scuffmg or te$ing in straight
traffic ar€s duc to poor wcathcr
or envfuonDental conditiorB
r€sulting in slow crre.
Suspcnd rccycling opcrations until
environmental conditions improve. Protect
cunently recycled areos with increased tmfrc
closures and/or swecpers Upon improvcd
environmental canditions re-rccycle affected
ares or replace with HMA.
Subjective observation
by Engincer and/or QC
techniciin
Dmpling due to parked vehicles
or equipment.
Isolated fill with HMA prior to overlay.Ontside of su'aight edge
requiremenls of
spccifications
Permanent deformaion within
wheel path areas drE to
secondary compaction by ra{fic.
Initiate rcrolling sooner io future recycled areas.
Pmvide leveling/fill course of HMA prior to
overlay.
Outside of straight €dge
requLrments of
specifications
Pemanent deformation and
shoving due to unstable mix.
SBp€nd rccycling operations Inv€stigatc
psvement stn.rctue in conjmction with mix
design lab. Decrease emulsified recycling agent
conlat in future rccycles arcas chaDge
emulsified recycling agent or recycling additivc
and/or supplement with uncoated aggregate &s
determined nccessary. Depending on
investigation remove ard replace affectcd arcas
with HMA or re-recycle supplementing with
uncoalcd coa$c aggregale, additives and/or
emulsifi ed rccycling agent.
Ortside ofstaight edge
requ ireDents of
spccifications
4
Table 3 - ARRA Guidelines
Problem luse(5)
Phlbitrt ofr+brh.r
$rr.co rit( hydo*,o .!d
bafaEc c@prdiou
ErccraivG mir wrLr Rtduc. lh. t r8ot rrw conE r itl OE Dix
eEclr,G.+htf, .rddd 6 ttcFlittrdtttr Roduc. rsfhlll contcni
br&qur!. oixht of mrr.rirls Hold tE rn b.irl ia ih6 n$.bg ctaDalolF
I!.{!.r lh. tdr& p&.{rht !o b5rr
DloD.r dirtibutloo ofG. ltcrcltnt .8E t
Mir roSrct.don Inld!$r.t. lsphdi co.tiDS of Gc
doc io ina&quab urtaa coErq! b O. llir IElaina lh. t .E co{r!-l ir th. mix or\'t .o8- frd. .rp5.h lo lhc .ar{doa
vrrirti.m of crltlie a.Lri6l3 A& o.w 8rrd.d b.rc .Dd ndo Edr &i8,l
M.r Ev.ltng .fr.r
coEprotion
too llir,lc BDt lt dd.idr (a .tcyclbS
rdddw) b tlc oh tlarrar tll rtDorl! of.rDh.lt;n0trloo orouldnod rlcrdlry .&lidF iD th. Eix
R.Ei@!. tb p.lbLE.t s
Ithiny blr.& nlrr .lt t
coErgaclio!
Too Erl.h Ept lt .buLidr d anrLirLd
.!.ydlnt.ddidvc in $. mLr
R.drc. rho stboor ot.eh.h @uldon orcouLiH r.cyclina.ddidw h tho nlx
R.FE r! rlE t[ix .ddiq virsin olrlcdrl
Foo.ly gr.dcd R P b.hnd
r..yclin8 unil.rld cJ rac
in cxinin8 pivqri.nr
V.rbrioo in dopth ofcxiltinl ,n (ldds Add rEw tltdcd b.l. D l66p cduarnr d.prh
.Dd rrio lllr da.l&
T..A a 6o dnlr| ll*hloo rro sc.r q
b.c&or
Cluatc lhc rc.lh
SDc.d otihc oFr.ridr it ioo f...slow tf,G o?Gr.dos do*n
Vrri.bh &prh Poor conEol of grdc tr.lr (or lrsc impEv.d) lrld. co.luols
v.ryins dry .od v,ca rgott
inR{'P
Poo. warc...d/or ]lcydlDa rt!r. cqrrol.
v.n iDa Grrrd{ p.vfiEil .od ttrdrioncL!3c.
Cb..t.rd (.librrl! gulvririna .ad mixirs
cDarrdoat
App.ar.rE offin t in Mlllin8 into $b5urf.c. l.yc6 Plovi& b.a.r co.irol of d.pdr.
Cootrm drictocaa ofarisriDt HMA hy.r
Sp.Gd ofllE mllliry m.chin loo ttov lErrrc rpc.d of opcnrio!
Ov.r.iz. R.AP in lh. mix Sc...n o. b.c*.. b.. no. inctio.u{ Fop.dy R..9rir thc 5c.ccn or h.rkd b.l
Nov md r.rs rrofl3y
.nd/or wiu noi &.sify Stccl wh.!l rolh.. nuy t r..!irt3 r lo" rr.t
cruCn8 rE(i5rr(r rar.Idon
lJio . h6.v, Dn.uhrdc ti.! roll.r b.
brcakdown .nd comp.cdo.r rollint
Exc.5, rrBinurc in mix Conlirfi l\uid con&nn ln oh'rl.i6
R.vi$ ts8.t rBoirru.a ln mrx rr necrrsa,y
Twnica! Solution(s)
PAVEMENT RECYCLING SYSTEMS, INC.
10240 San Sevaine Way, Jurupa Valley, CA 91752
(P) 95r-682-1091 (F) 951-682-1094
cT 109
SPECIFICATIONS
CaUfornla Tast 109
2001TRANSPORTATION A'{O IIOI,SI'{O AGENCY
DEPARTMENT OF
DMSION OF ENGINEERING SERVICES
Transporlation Labonlory
5900 Folsom Boulevard
sac.amento, California 958'19-461 2
A SCOPE
'fhe procedures used for testing and
approving materiat production plants
and the proportioning devices used in
the plants arr describcd in this method'
This method is divided into the follon ing
parts:
l. General Procedurc for Testing and
Approvlng W?ighing and Measuring
Devices
2. Tcst Procedurc for HoPPer Scales
3. 'ltst Procedure for Liquid Metering
4. Test Procedure for Conveyor Scales
5. Test Procedure for volumetric
Proportioning Plants
6. Material Plart Safety lnspcction
PART '
. GENERAL PROCEDURE FOR
TESNNG AI{D APPROVING WEIGHING AND
IIEAT}T' RING DEVICES
A. OENERAL
The purpose of this test roethod is the
approval by Caltrans personnel of
material plants supplying construction
materials to Caltrans projects. Thc
duty of the Caltrans Weights and
METHOD FOR TESTING OF MATERIAL PRODUCTION PLANTS
Prior to handling test ma
conducting this test method,
AND IIEAITII' in Parts 2,
Inspection'of this d Part tl st 125- lt is tlc
resfonsibility of th method to se dcpartmental
safity and -health detcrmine ty of regulatory
limitations before any testing is performed.
Measures Coordinator IWMC), within
the context of this test method, is to
ovcraec the implementation of the
tcsting and inspection of materia.l
productlon Plants. It is not the
rcsponsibility of the caltrans person to
direct the contractor's opcr8tion or to
operate any of the controllers or
proportioning devices connected with
material Production.
Ttre insPection of the Plant for
conformance srith the requirements of
th€ contract sPccifications maY be
performed concurrentlY with the
calibration ol installed proportioning
devices and, ultimatcty, the aPproval oI
the material Plant. This work maY
procced in any ordcr, but it is
cnvisioned that initial pLart inspectlon
and dcvlcc calibration will be conducted
on the first plant visit qnd subscqu€nt
visits may be needed to llnslize the
approval of thosc items found deficient
initialy.
B. PLANTINSPECT('{
Perform a comPlete insp€ction of the
plant. All devices and Preedures
required by Caltrans specifications, for
thc production of the materi:-l in
question, shall be in place and in full
working condition beforc the completion
of this Cdifornia Test (CT) 109.
-'t-
Testing for CT lO9 shall not b€ complete
until all material pla-Dt equipment and
deviccs have met tIrc requircmcnLs of
the Standard Specirications, Contract
Spccia-l Provisions, and CT 125.
Attention is also dirEcted to Scction 7-
1.06, "Safcty and Health Provisions" of
the Standard Spccilications.
If the dJmamic testing of the materialplant is not completed on the initialplant site visit, rhe contractor shall
notify the WMC, no lcss thar 10
calendar days in advanc€ of prcduction
startup, for the completion of the
dynamic t€sung of plant facilities. If the
dynarDic testing has not bcen completed
before the as-notified plant start up
timc, thc WMC may issue a 'Start up
Approval" letter to allow the beginning
of malerial production until such timeas the dynamic testing can be
completed. The time betwe€n actual
production start up and complction of
dynamic plant tcsting shall not excced
14 calendar days, The WMC will cxtendthe time for dJrnamic testing whenthe delay is due to Caltrans
scheduling. Thc test acc€ptance sticker
CP-CEM{017, or equivalent, shall onlybe issued upon the satisfactory
completion of the plant dynamic testing,
proportioning device tcsting, and the
plant inspcction.
A djmamic test shall bc performed
bcfore acceptance of the equipment's
accuracy.
l. Dynamic testirg of batch type plant
proportioninS dcvices shall include
thc following:
a. lnterlocks - Review lndividual
batch masses to asccrtain thepcrformancr of the batch
controller in regards to interlock
tol€rancrs. Thc coEtroller must
batch sithin the tolerances
allov,€d by the specifications for
z.ro tolerancas and dra-ft cutolT
tolerances for thc product being
produced. i'or more information
on the procedure of checking the
Caliiomla Te3t 109
ttlay 2(xr4
viability of balch contrcller
interlock functions, refcr to t}Ieweights and Measures
HaJIdbook.
Material L.akagc - No ingredient
leakage shall occur that would
alter thc accuracy at the point of
meesurcment. Material leakageis determined by visual
inspcction by holding a batch
mass for a short time and s€c if
the indicated maso is changing.
The 'wcight inspece feature of
the batch controller will stop t}le
batch process long enough to
sec if material is leaking from
the gates,
Ingredient RaUo - For asphalt
concrete IAC), batch masses arc
to produce a mixture where the
bindcr contcnt is a percent of
thc dry aggrcgate not a pcrcentof the total mix. Th€ batch
controller shall be programmedto deliver the corrcct binder
ratio.
Batch l,@kout - During an
extendcd interval, 45 min ormore, observe and note the
percent of batches in which one
or more drafts are outside of thespecjfied zf,ro or cutoff
tolerances. Specilications do notallow the acceptance of any
batched ingredient draft that is
out of toleranct unless corrected
by removing or adding materia.l.A well-adjusted batch plajrt
should have no morc than 5 7oof the drafts in an out-of-
toleralce condition.
ftvice Functionality ' Duringmix production, notc the
functionality of thermometers,silo cutoffs, load tickct
generation, surge batchers,
wastcd mix handling, moisture
meters end cold fccd control.
b
d
2
f. Dclivery Tickets - Review the
printing of ingrtdicnt batch
masses on the Portland cemcnt
concrete (PCC) dclivery ticket.
The actual, as batched, PCC
masscs ane to be printrd on the
delivery ticket as requlred by
specilication- Where AC d€liverY
tickets are generated from batch
masses, refer to Scction 39-8.01,
"Mcasur€ment,' of the Stendard
Specifrcations for a list of
requirem"nts br this tYPc of
op€retion. Refcr to the WeiShts
and Measurqr Handb@k for
more dala on delivery Uckets.
2. Dynamic testing of continuous
mixing typc Plant ProPortioning
devices shall include the following:
a- In8redient Ratio While the
plant is operatirg at the Planned
production r-ates, sce that the
plant controller is maintaining
the correct tngredient rados.
Observe tlre rate and total for
the aggregate being used and
compare it with the rate and
total for the binder (asPhalt,
lirne, cement, etc). The length oftimc uscd to check the
functionality of plant controllerwitl difier depending on the
production ratc of the Plant in
question, but a timed test of at
least 10 min will bc necdcd. A
significant difference here would
indicate a necd for r€calibrationof individual PmPortioning
devices or a Prcblem with the
blending capabilitles of the Plantcontroller. Rcsettable totaliT€rs
for individual ingredients are
requircd by ihc specifications for
the mate rial being produced.
b. Sp€cilic Gravity - Where
applicable, ensure that the
correct sp€cific gravity for the-- binder bcing used has beerr
input into ttrc Plant controllcr.
Th€ spccific travity r€Ported bY
the refinery will have to be
Caliiomb Test 109
Iay 2004
veri0ed by thc T?ansPortation
Laboraiory (fransLab) tcstin&
c. Moisturc Corrcction - Asc,crtain
whcther thc aggreSate moisture
8]rstem is functioning properly.
Wherc thcrc is a scparate
indication of w€t agSregate
delivcry, compare this to thc dry
a8gregate delivery as displaYcd
on t}lc plant controller. Where
therc is no seParatc disPlay of
w€t atBregate usage during an
aggreBatc only cherck-run,
change the inPut aggre8ate
moisture by a nominal amount(say 3 o/o) and notc the
appropriste change to thc
indicated aggregate delivcry ratc.
Moisture is computed as a
perctnt of the drY aggre€ate,
refer to CT 226 or CT 370, and
Standard Sp€cifications Scction
39-3.02, 'Drying."
d. Multiple Indication - whert
ther€ are multiple indicators for
like in8rcdients see that the
rnultiple indications arc witiin
spccilic€tions. Refer to spccifica-
tions for continuous mixing
rnaterial production for the
maximum a.llowable differencefor like indicators. Errors
displayed 'on like indicators,
multiple indication for the same
material delivery, is an
indication of mismanageme nt of
the proportioning Proccss.
e. Material teakage - No ingredient
leakage shall occur arler the
Ircint of mcasuremcnt. Material
teakate is determined by visual
inspcction. Material leakagc and,
cuversely, Eatcrial storage after
thc point of measurcment arc
detrlmental to continuous
prcportioning accuracy.
r_. !ra!,cu t utlc.rorrai.Lly - Duringmix production notc thc
functiona-lity of aU requircd
deviLrs and procedures, Theae
3
itcms include, but are notlimited to, the following:
tlcrmomcters, silo cutoffs, loadtickct generation, sulBe
batchers, wasted mix handling
low-0ow and no-flow interlocks,
matcrisl mixin& mix handling,
moisture control and cold feed
control,
3. Dynamic Testing of Volumetric
Proportioning Systems
a. Obscrve the production process
while using the as cslibrated
ingrcdient delivery rates,
b. The required follow-up and spot
testing is sdequate for the
dynamic testing of thc rapid
strength concrEte. (Scc Part 5A,
Section C2 of this tcst mcthod.)
4, Review a.Il items used for material
production, as identified in the
specilications that may aflcct mix
quality. This will include a]l areaswhere Caltrans spccifications
require a device or proccdurc. Areas
of the plant site wherr Caltranspersonnel frequent shsll be
inspected for adherenct to CAL
OSHA requircments. Use a plant
chccklist for the specific plant type
in question. Check with thc WMC at
the Caltrans Headquart€r Divisionof Construction (HQ Construction)
for checklist availability.
C. PROPORTIOI{ING SYSTEIS CAUBRA-
NON ANO APPROVAL
Perform a pre-test inspection of the
u'cighinS and measuring system arld
controls.
1. Identification: Note and record
manufacturcr's name, model
number and serial numb€r.
2. Approva.l: Determine whether ihe
devict, system or control has been
eitler type- approwd for commercial
use in the State of California in
callfornla Tost 109
May 2004
accordancc witi the requiremcnts ofthe Califomia Dcparkncnt of
Agriculturc, Dvision of Measure-
ment Standa.rds (DMS), or has been
tested and approved previously by
Caltrans HQ Construction. An
approved list of vrcighing and
mcasuring devic4s, system and
controls, including AC continuous
mixing plants, will be maintained by
HQ Construction.
If the device, system or contlol is
not included in the current list, CT
109 should not bc p€rformed. The
manufactur€r of l}re device must
request cilher gpe-approval by the
DMS if a commerclal use is
iltended, or set a date for a
Caltrans inspection for approval
through HQ Construction if the
device, s)rstem, or control is to be
used non-commercially.
NOTE 1: Rcfer to the Weights andMeasures Handbook for a
discussion of commcrcial/non
commercid dcvices and thc role of
the DMS.
3. Ascertain whether the indicatingand rccording elemcnts ar€
compatiblc with thelr lntended use
and are locatcd properly,
4. Make a visual inspection of thedevice's details; i.e., lcvers
horizontal and frcc fiom binds,
linkages and connectors hangingplumb, countcr-masses free from
other moving parts and secured
from random movtm€nt, knife edges
and pivot points clean and frcc from
binds, badly wom or otherwise
dcfectivc parts. Any faulty condition
allccting thc pl,ant functionality that
can b€ dctccted visuslly shau be
corrected before continuint withsf ro9.
C. OEVICE TESIING
A test sha.ll bc perform€d upon each
newly installed, repaired or relocated
.4-
weithing or measuring device, or when
any clemcnts of the device have bccn
adjusted. All srcithing, measuring and
plent.control systcms used on batch
tyFc ptarts must bc tested for accuracy
at least once a Jrcar or upon cach r€parr
or moving of the pla-nt to a nce location.
Continuous mixing plants, inchrding
AC, liquid antistrip and limc trEatnent,
must be tested for accuracy at least
once cvery six months or upon each
repair or moving of thc plant to a new
location. VolumeEic proporhoning
plants shall bc tested at ar intcrval as
required by the appropriate projcct
special provision. ln any case, any
device shall be tcstcd as often as
deemed necessary by the Enginc'er.
The tcst is completed by checkin8 othcr
fixcd points, such as intermediatc
points during a buld up test or corner
Ioading on a batch wcith hopper. At the
option of the Engincer, certain of the
abovc stcps may bc eliminated. Thc
total test load shall be at lcast equal to
the intended operating capacity.
lf an automatic batchint system with
remote indicators is us.d, thcsc rtmoteindicators become the primary
indicators.
Commercial class test masses shall be
compared to Callfornia State Standardsand certified by an authorized
represcntative of the DMS. These
standards shall conform to thc
spccilications and tolerances for
commcrcial standards as established by
National Institute of Standards ard
Technolory (NISI). The frequency of
comparison shall c!n-[orm to thc current
DMS 6eld reference manual.
Thc contractor sha.ll be responsible for
providinS access, all modificatons,
special equipment and labor neccssary
to perform the inspection and testint.
The contractor shal! notify the Engineer
at least 24 hrs in a.dvancc of lcsiilrb Jlc-
device, systcm or controls. The Enginc€ror WMC will witness t}Ic testing,
including witncss Ecalc error tesdng,
californl. TGt 10o
ilaY ano4
and record the nectssary information
on Form CEM-0O14, or equivalent. A
copy of the CEM-0014, or equivalent, is
to bc sent to HQ Construction
lmm€diatcly. Another copy is to be
furnished to the contractor and
Resident E[gineer. The Engineer wiU
afiix a CEM-O017, or €qulvalent,
(dcpertmenta.l stickcrl on each
proportioning device found to be
accurate by the tcsting and after
succassfully complcting thc dSrnamic
tcsting and ptant inspcctions. Thc
CEM-OO14, or cquivalent, rcclrd shcct
shor. d contain the timc rcquired to
perform ttte testing.
The Engineer wlll seal all adjusting
elemcnts that chan8c thc mcasurinSdeviet acquracy upon witncssing
acceptable accurirgr of the device. Any
timc th€re seals arc brokcn, without thc
Enginecr's witnessing that there has
been no change in the aqjusting
elemsnte, the meaauring device shall
be retested for accuracy and resealed
after bcint found accurate. Rcferto Standard Spccifications Section
9- 1.01, paragraph 4, "Measurement of
Quantitiee.' The owner of the devic€ is
responsible for providing the means to
seal thc dcvic€.
All intcrlock settings shall bc tested for
accuracy. Refer to thc weights artd
Measures Handbook for more
information on thc testinS of interlock
tolcrances. There shall b€ a
manufacturer's manua.l of operating
instructions available at the control
pa.nel of cach automatic batching or
@ntinuous mixing control systcra. This
manual shall contain the proccdure for
checking intcrlock.tolcrancc acttinSsard means of determining span-
adjustmcnt s€ttings for comPut€riz€d
controls. Whcre automatic cutrollers
arc used, the manual shall contain a
dctailed procedure of how to set
controller parameters thet meet'ciitri1.-1s spccifications. A detailed
listing of items to be includcd in the
manufacturcr's operating manual is in
the Weights and Measures Handbook.
5
A build-up test may be used in
conjunction with tcst mass€s to ch€ck awcigh batchcr or vehiclc ac€lc's high
range. Whcn a buildup tcst i8 requirEdto comdete the check, the contractor
shall noti-S the Euginccr sulncicntly in
advance to obtain approval of thc build-
up method intendcd to bc used.
NOTE 2: See Build-up Test, part 3.
All attachments to the scale that are
necessary for Daterial production shallbe attached during the tcst of the
welghing sjrstem's accuracy.
PART 2 - TEST PROCEOURE FOR HOPPER
SCALES
A. GENERAL
Scale mounted tanks uscd to weigh
liquid products shall b€ testcd ard
calibrated as required for scale mounted
hoppers in this gl lO9.
B. INSPECTION
1. Inspect the sca.le in accordance withthe requircmcnts of Psrt l. Beam
scales shall not be used for batch
opcrations.
2. IDspcct the load cclls installcd in thewelgh system. In multlple load cell
applications, the toad cells shall beof the samc valuc on the same
device, Load cell values shall be of
appropriate valuc for the intcnded
usc,
C. TESTING EQUIPIEI{T AND PROVISIONS
1. T?st masscs, ccrtified as pcr this
CT lO9, in an amount nccdcd to
satisfy thc scele capacity shall be
avallablc.
2. An electronic }oad ccU simutrator,
whcre automatic batch controllers
arc in usc, shall bc supplicd by the, corrtractor, ThiB device facilitates thc
rapid insp€ction and testint of the
zcro and cutoff toleranc€s rcquircdof these controllcrs. Thc load ccll
ctlfomb Te.t 100
may 2004
simulator sha.ll harrc the range and
sensitivity to ouit the parameters of
thc device being tested.
D. OEYICE TESNNG AIID CAUERATKIN
l. Check oscillations of indicator
lwhere applicable). Oscilladons in
the indicauon shall not cxceed two
scale graduations.
2. Sct the z€ro-load balancc a.fter allequipEcnt necded for the scaleteting has bccn installed on the
scalc.
3. At disl type mechani,cal indicatora:
a. Lock the dial. Rcleasc locking
mcchanism; indicator should
return to zJro. Repcat proccdurc
sevcral times.
b. Lock thc dial and shake tttc
hopper or tank.
c. Rclease locking mcchanism;indicator should return to tlc
startlng point.
4. Corner and section test. Inspect the
scale system, including levers, loed
cclls, bearing points and hoppcrs.
Correct any advcrs€ condition that
could afTect the device's accuracy
(such as damated or alter€d parts or
alterEd factory adju8ted scttings).
Where the hopper or tank can be
loadcd off centcr a corncr and
scction test shall bc madc.
To accomplish a comer or section
teat, a test load equal to 25 % of thescale'a capacity shau bc
concentrated at each of the main
bearing points arrd 50 % of thc
scale's capacity on a main section,
5. Apply test loads at 25 Yo, 50 ,
75 % and full capacity.
a. nccord tte'rn "s inaicatci ateacb ioading and notc tIrcamount of error in mass and
-6-
graduations. The nraximum
a.llourable error shall bc two scale
graduations.
b. Whcn applicable, tock the dia-l
and releasc locklng mechanlsm.
The scale shall rePeat indicated
mass within one minimum
graduation.
c. Removc load and indicator
should retum to zero. If the
scale does not return to zcro
look to Problems such as
slugtish bcaring Points, dcad
loadcells, or teaking materia-l
Batcs. In dcalint wlth the error
in returning to zero, keep in
mind the maxirnum allowable
error in this scalc test is tlvo
graduations.
NOTE 3: The Engineer may requir€
other intermediate loeds.
NOTE 4: The Build-UP TeEt - When
there are not sumcicnt known
masses available to test the
weighing system to full caPacity or
means to hang aII such masscs, the
Contractor must Provide an
acccptable means of building uP or
substituting other mass in place of
the known masses. The build-up
method is as statcd below
The build-up method for hopper scalesis to replacc a portion of tllc known
mass with matcrial (aBgreBate or other
product used during production)- This
is done by first hanging available knowrl
masses (test masses) to at least l/4 of
scalc's capacity and calibratc the scalc
system to this known mass. Rcmove the
knoq.n mass snd r€pLrce it by placing
an equal mass of material in the hopPer
(cqual to but not in exc:ss of tcst load of
known mass applied above), then add
the known mass again to the built-up
mass. This procedure is rep€ated as
ieccssary -.o- eei.Elil- Cats4efty,-tiul illc
total butld up mass may not exced
thrce timcs thc known mass.
Caliiomh T6t l@
IrY 2004
An examplc of an acceptablc build-uP
test followa;
Condition: 1o,ooo kg aggrtSate uEigh
hoppcr - ecelc agency has only 2500 kg
of certified test massca. A]l rccording is
to b€ donc on Form CEM 0014, or
equivalent.
I Apply the 25OO kg of ccrtilied test
masses. Rccord indlcated mass.
Record plus or minus crror
(indicatcd mass relatlve to larown
mass applled, 2490 kg indicatcd -
- 1O kg error; 2slokg indicated =
+ l0 kg crror); and removc known
massc3.
2. Place 25OO kg of substituted mass
(aggregate) into the ueigh hoPPer
being careful that it is aPplied
evenly to all corners of scale. Do not
exceed the mass indicated in stcP 1.
Record the true mass. Indicatcd
mass minus error recordcd in stcp
1. (A minus error in steP I is added
to indicated mass for true built-uP
mass and a Plus error in steP I is
subtracted from indicated mass for
true built-up mass-) In othcr sords,
2490 kg indicated is equal to
25OO kg actual mass in the first
instancc and 25lO kt indicated is
equal to 2500 kg actuat mass in the
second instance.
3. Reapply the 2500 kg of test Easses
to the partiallY loaded hoPP€r.
Record applied lmowar mass equal to
25OO kg plus recorded true built-uP
mass of 25O0 kg = 5OOO kg. Rcclrd
mass indicated and Plus or minus
error, as in steP 1, and remove test
masseS.
4. Add more materlal in welBh hopPcr
equal to the test massea removcd.
Do not cxc€ed previous indicatcd
mase. Rccord tIrc truc built-up mass
using samc proccdure as 8iwn in
step 2.
5- Reapply the 25OO kg of tcst masses
and add the true built-uP mass from
7
E.
step 4; record the newly applied test
load, 75O0 kg. Record the indicated
mass and the alFbraic dillerence
from tlre applied test loads, as in
stcp 1, and remove the known test
masses.
6. Add more material in weigh hopper
equal to the test masacs removed.Do not exceed the previously
indicatcd Elass in step 5. Rccord thc
true built up uurss using the samc
procedure Siven in step 2.
7. Reapply the 2500 kt of certified test
masses and add the true built up
mass from step 6; record thc newly
applicd test load, 10,0OO kg. Thi6
completes thc application of test
load to full capacity of scale. Rccordthe mass indicated and thc
algebraic djfference on Form CEM
OOl4, or equivalent. Any procedurcof building. up mass that docsn t
tbllow the aforcmcntioned methods
is not acceptable
REPORI' AND SECURITY SEAL
At the conclusion of a successful test ofproportioning deviccs, record the span-
adjustment settings and makc them
availablc to thc plant inspcctor. Where
the device does not produc€ a record ofadjusunent, spajr number or other
indication of adjustuneni., thc device
shall b€ left in a secure condition by thc
placing ofa physica.l secrrity seal. Referto Section 9-1.01, paragaph 4,'Measurement of quantjtics," of thecurrent Standard Specifications. (See
Note 10.)
SAFETY
Test masses are heavy and unforgiving.
Do not place yourself in danger by being
too closc to the activitles during the actof lifting and lowedng of tcst masses.
Lifting chains and come-alongs can and
Calilomi. Trat 109
t&y 2004
PART 3 .IESI PROCEDURE FOR LKrulD
TiETERING
A. GENERAL
Whcn thc liquid mcter system includcs
a scparate st&d-done controllcr, this
indcpendcnt controller shall be the only
controller uscd for the tcsting and
calibration of the liquid mcter. The
calibration procedure shall be s€pa-rate
from and not uscd with thc main plant
controller. After the ouccessfr.rl testing ofthe separate, atard-alonc dcvicc, the
main plant controllcr shall bc adjustedto track the calibratcd proportioning
device, exactly.
NOTE 5: An example of this would b€
thc Micro Motion mass-flow mcter. Th€metcr is supplied with its own
transmitter. This separate, stand-alone
mctcring dcvice is calibrated and thenthe controller ihat handles the
combined plant function ts adjusted totrack the meter transmitter, The same
could be true of a Ramscy weighb€lt
controll€r.
Where thc meter is not supplied with
thc mcans of sclf-calibration, the maln
plant controll€r will haw to be used for
the liquid meter testing and calibration.
Thc m€ter manufacturrr's name and
model numbcr shall be identified on thedcvicc identification plates. Thisidcntification shall bc on the m€terproper and the mctcr transmitter on
multiple part meters. A copy of the DMSapproved typ€-approval shall be
supplied with the meter.
The liquid mctcr sha.ll meet the
requircmcnts of Part I of this CT lO9.
M"ter bg Moss - The device tha.t a.llows
the mcasuremcnt of t}le flow of liquids
by mass (wcightl ia ca.lled a mass-flowor coriolis effcct meter. This device
amount ot liquid passing through it in
mass units without t}le nced for input of
tempcrahlre or specific gravigr of thc
F.
.do brcak under thc load of the test _. ._ Jgr',rds end,.inCicatc' thc mea'urcdrnasses
measured product. Refer to thc WcightEand Measures Handbook for morc
information on mass llow mcters.
Metet bg Volume - This typc of device
measures the liquid product volumetri-
cally, The device records and indicates
the measured aDount of liquid passing
throuSh it in volume (gallons or liters).
In some applications this measurement
will have to be manually convertcd to
mass and may require the ilPut of
temperature and unit mass (specific
gravity) of the liluid. Volumetric meters
installed at condnuous mixint AC
plants are rcquircd to have automatic
tempcrature compensation (ATC).
INSPECNON
l. All mcter instalLations shall be
inspccted visua.lly for Proper
connections end conditions bcfore
tests for accuracy arc performcd.
Thc meter installation sha.ll bc in
ac@rdanc€ with the meter
manufacturcr's instructions, a coPy
of which shall be turnished to the
Engineer. All meters sha.ll have bcen
type-approved by thc DMS Prior to
use. Insp€ct for leakage.
2, Indicators for all proPortioning
devices shall be in the plant control
room. Indications shall be clear,
definite, accurate and lcgible undcr
normal condition6 of oPeration of
t}Ie system. Whcrc thcre is no
control room associated Pith thc
materlal plant, the ProPortioning
device displays shall be grouped to
facilitate their reading from one
location. Dcliveries shall b€
indicated a-rrd recordcd in kilograms,
tonnes, pounds, tons, liters, gallons
and decimal suMivisions thereof.
The indication shall display a rate
meter and a rescttable totalizer. Thc
indication for the mass flow meter
shatl bc in mass, volume shall not. i:r-: -arci:cptr-i,1.: as a unit of
measurement.
Crllioml! T'st lG,
UaY 200/r
3, Mass-flow typc metcrs are rcquired
by Caltrans specification3 for thc
measurement of lime slurry and
rubb€r-modificd asphalt binder ard
are acGptable for all othe r liquid
measurements.
TESNNG EQUIPUENT AND PROVISI()NS
1. The liquid meter shell be tcsted in
thc opcrating location in which it is
to bc used with aII oPerating
cDnditione pr€vailing. The meter
system shall bc tcsGd under
normally expectcd cnvironmcnt-a.l
conditions. The testing shall be
rcscheduled whcn weatlter
conditions sre such that the q,itness
scde indicator fluctuates bY morc
than two Sraduations.
Thc metering at AC plarrts sYstem
shall be opcrated in the circulate
mode for at least Ismin just Prior
to tcatlng to heat and thoroughly fill
tlle sJBtcm before tllc start of
calibratio n.
2. Test drafts sha.Lt bc weighcd on a
platform scale located at the
proportionlnt Planl The under
support for the ptauorm scale used
for th€ test staadard shall conform
to the requirements of the Standard
Specilications, Scction 9- 1.o1,
'Mcasur€ment and PaYment'
witness scales shall have bcen bpe
approved by the DMS Prior to use
for device calibration. The platform
scale shall be error tested within
8 hrs of the calibration. Ermr
tlstirrg 6hall be Performed witi tcst
masses conforming to this CT I09
and shall produce a Eitlrcss sca.le
that is within two gradu&tions of the
test mass losd. Refer to the Weights
and MeasurEs Handbook for a
description of pladorm scale €rror
testinS.
3. Thr contrai-ir..- rllell' pre+ide - r-'-^-
suitable container caPable of
rec'eiving thc full flow of matcrial
being delivercd from t}re meter for
c.
s
the calibration procedure. The meter
installation shau be plumbcd to
facilitatc the diversion of the test
draft to a container suitable for the
siz€ of the rcquircd test draft. All
parts of thc meter system shall be
free of leaks of calibration liquid orair. taaking or loss of tcsting
matcrial during tlle calibration runat any place b€tween the liquid
gtorage and t€st mass determination
on thc witness scale shall cancel the
tesling until the malfunctiqn can be
corrected. Any physical change ofthe mcter system shall require a
restart of th€ calibration procedurcs.
Product flow rates used durlngdevice testin8 shatl be
commensuratc with anticipated
production flow rates. Requirements
for minimum test draft size, witness
scale capacity and witncss scalc
graduations shall comply with TableA, 'Meter Testing Extremes.' (Table
A attached.) (See Note 6.)
Device plumbing shall bc such thatthe tingine€r can clearly ascertainthat none of the liguid passingthrouBh the mcter during
calibration is being dircned bcfore
cntering thc test draft contalner.
Tank Scales - Some plant configura-
tions may include a scale-mountcdtank for ca.libration use. This
tank may be used as the witncssscale providcd it mects the
requirements of Table A, 'MctcrTesting Extremes,' and all other
requtements for witness sceles andcalibration containers in this C'T
109.
Prpvers A provcr is a calibratcd
vessel with a capaclty suitabl€ to the
test draft as per Table A.
a. A prover may bc used to
c-alibrate $rater-nttti s providcd-- -.
the crlibration drafr sizc adhcrcs
to the requirements of Table A,
"Meter Testing Extremcs.'
California Test 109
May 2004
b. Provers shall meet t}le requirr-
ments of the DMS-
c. The prover shall be maintaincdin a level position throughout
the test run.
8. A standardized thermometer mustbe availablc to check thc
tcmpcraturr of thc liquid at the time
of testing wher€ \rolurnetric meteringis being utilizcd without automarictemperature compensatlon. A
stopwatch will also bc nceded.
DEVICE TESNNG A'{D CALIBRANON
l. Wherc thc test draft uscd for
calibration is I l5O liters or less, thetesting parametcrs shall conform
the requirements oI Table A, "Meter
TcstinB Extrcmes," for limitations to
test drafts and witness sca.les.
Large DraIt Option - At the ophon oathe contractor, a large-draft
calibration test may be used. When
the Contractor chooses to use a testdraft that does not comply with
Table A, "Meter Testing Extremes,,the minimum test draft shall be
4 tonncs. This largc draft option
shall require a vehicle scale, locatcdat the proportioning plant, as the
calibration witness sca.le. Error-testthe required vebicle sca.le with test
loads of known mass. Error testing
must be completed no more tlanI hrs prior to testing the accuracy of
th€ proportioning deyiccs. A build-
up method may be used to crror-testthat portion of the scale capacity in
excess of 25 !'/o of its operationallimit, The minimum graduation of
the vehic'le scale's indlcator shall notbc gr€ater than 0.01 tonne. Errortesting shall produce a witnessscale that is accurate to within
two graduations of the test mass
load. When the newly error tcsted
witness scale ls isolated from uees
outside of the dcvicc calibration, itwiu not have to b€ retested for apcriod of 7 days provided lt remains
D.
4.
7.
l0
6
undisturbed and free of errors, Referto the weights and Mcasures
Handbook for dctails on error
testing scales.
Immediatcly beforc starting the
series of test runs for the meter
c€libration, it will be necessary to
send calibration liquid throuSh the
system to 'dirty the system,' or
bring the calibration path to an as-
used condition, bcinS carcful to
lcavc the systcm at thc samc degree
of'cmplf for all test runs. This
exercise is to have the metcr system
in the same condition for all of the
test ruIs, including the 6rst one of
the series. Always rcsei the totalizer
to zero and re-tare the calibration
containcr bcforc starting the
calibration procedure before each
tcst ruD
Whcn wcighing thc test draft on thc
witncss scale, b€ awar€ that hoscs,
ropes and other paraphcrnalia
hanting frcm or on ttre calibration
container may bave an etrect on the
accurate weighinB of the test draft. tf
fill hoses are lcft attached to thc
ca.hbraLion container during the
weEhing process, the witness scale
may havc to be error tested again
after the hoses have been softened
by the hot asphalt
Record the position of the mete/s
span numb€r (catibration constant)
for each test ln thc scrics. Each
acrics of tests sha.ll consist of at
least three runs of a minimum
quantity, as required bY Tablc A,
'Mcter Testing Extremes' or the
Iarge Draft Option, each at ratcs of
Ilow commensuratc with rates of
now anticipated during Prcduction.
NCffE 6: Commcnsuratc Rate
Example where thc liquid is to be
used in a asphalt concretc mixture,
apply the bitumen ratio frort the
proposed job-mix formula to thc
aSgregates flow rate to dctcrmine
asphalt binder flow rate, or in the
Califo.nia Tost 1(B
ay aro4
case of lime slurry tr"€.tmcnt of AC
aggrcgatc$, rlte rati,o of lime slu rry
to atgr€Bate. The three calibration
ratcs should bc at lOO %, 65 Yo and.
30 vo of the maximum flow
anticipated during production.
The metcr totalizer must b€ read
with tbe indicator at rcst. Totalizer
readings shall not bc made on thc
fly. The meter totzlizcr indicator
shall start from, or return to, z€ro
and shall not advanc€ ils
indications bcfore dcliverY of
material. No zero creeP shall be
allowed.
At the cnd of the individual test run,
log thc amount measurcd bY thc
liquid meter, the value from thc
metcr totalizer, or the mass
dclivered as indicated by the process
controller. The metcr indication for
the measured liquid for anY
individual test run shall b€
compared sith the mass dctcrmincd
by wcighing the mcasurcd liquid on
thc prcviously elTor tcsted witncss
scale. All determine-tions of eccuracfl
sha.ll bc made by comParing
metercd results sith actua-l results
from thc witness scale.
Error calculation is E = A - M, whcre
E is error for the run, A is the actual
mass of the liquid as dctermined on
tltc witness scalc, and M is the mass
of thc liquid as determined bY thc
proportioning devic€, the meter.
Perccnt error ca.lculation is: YoE -
(E/A)xloO. Average error for the
dcvice is ttte combincd percent crror
for runs a, b and c dividcd bY 3. If
the metcrint devicc is adjusted
before completion of the thre€
ca.libration runs, tlre test ls aborted
and a ncw series must be initiated.
Error limits shall be as Per the
r€quircmcnts of Tablc A, 'Meter
T!\]dri3 :lilrerrlcr_"'-
Always check the rate indicator
against the tota.l.izer's iDdicator for
4.
5.
6.
-'11-
7.
at least a I min interval. Tlmc thc
interval with a stopwatch. The
indicatcd ratc shou.ld track the rate
determined from the totaliz€r. A rate
mcter ia a digitd display of the
spced of thc opcration - tonnes per
hour, liters pcr mlnute, ctc. A
totalizer is a digital d isplay of the
mass dclirrcred in tonncs, lit"rs, etc.
Volumetric Conversions - Where the
meter is of the volumetric tJpe, a
converslon for temperature and/orunit mass may have to be rnade.
a. Unlt Mass - The initlal specilic
gravity for product to bc meteredmust be obtaincd from tle
material source (the reflnery inthe case of asphalts) andverified. The specific gravityshall be determined for thc
specific lot of asphalt to be usedin the calibration proceEs. If atthe initial determination ofspccific travity there ia aome
doubt ss to the spccific gravity
va-lue, the conuactor wlll have todecide whcther to use the
availablc numbcr or wait until a
'raluc can be produced by the
Transtab bcfore catibrating the
dcvicr. lf the contractor chooses
to wait, the sampled product eill
heve to be kcpt in storate until
the calibration is completed. Atthc time of testinB the mcter,
tskc a sample of the asphalt and
immcdiately send it to the
Trans[€.b for deterrDination of its
actual specific gravity. Request
resulta for spccific gravity only
with arr €-mailed answer,
NOTE 7: If the conlirmed specific
grayity is such that the prcviously
tested mcter's acturacy is within
O.5 %, thc metcr may bc adjustcdwitiout running subs"quent
adjustment
5 % change,a new series of tests of the asphalt
meter shall be run.
CalllomiE fest 100
XaY 200'l
b. Temperature Correction - Hot
ingredicnts must be reduced to a
baseline teoperaturE of l5'c
(6O'FJ for the purpose of
converting to mass. The
conversion factors for asphaltscan bc found in Section 93,'Liquid Aspha.lB' of the
Standard Specitrcationc. The
tempcrature of thc liquid slr5llbe constqnt durfuU individual
test runs in order to permitconverting thc baseline
te mperafure. When a mass.0ow
coriolis eIlect meter is used, no
spccific gravity will be nceded as
no convcrsion will havc to be
done,
Method used to ca.lculate the
percent of error for the test run
where no automatic temperature
corDpensetion is present:
a. Rcduce thc metered hot volumcto basclhc (15"C or 6O'F)
mctered volumc by multiplyingthe indicated volumc from the
meter tota.liz€r by the multiplicr
shown in Conversion Tablc 1 of
Section 93 of the Standard
Spccifications.
b. Convcrt th€ baseline
tcmpcrature metered volumc to
metered mass by using the
spccifc gravity of thc calibration
liquid.
c. The differential bctween the
metercd mass and the actual
mass equa.ls the test run error.
NOTE 8: lvhen meter indication hasbeen compensated for thermal
change by an automatic tcmpera-
ture compcnsator (to ls'C or 60.F
bascline) or when a Itrass-oow mcter
is uscd, it is not nec€ssary to make
a hot-liters calq.rlation.
d. D€tcrmine the pcrccnt of mcter
crror thus: Th€ test run errordivided by the actua.l mass
8.
-12-
Step a.
Step b.
Stcp c.
Step d.
equals the test run perccnt
error tirnes 1OO. llOO times
(calculatcd metercd mass minus
actual mass) divided bY th€
actual mass.l
H(AMPIE 2176-6L of asphalt metered
at 135"C weighs 2041 kg. The specific
gravity of thc asphalt at 15"C is l.o2o.
Determine the percent of meter crror
uging the mass of asphalt as the
measurirg standard.
2176.6 x 0.9266 - 2ot6.a4
1.00 x 1.020 1.(DO kg per L
@ t5'C x 2016.84 - 2O57.t7
2057.r7 -2041 - 16.17
16.t7 | 2O4l = O.a Vo
NOTE 9: The spccilic gravity at vdying
tcmperatures may have to be furnishcd
by the manufacturer of ttre Product in
cujunction with Trarslab.
REFORT AND SECUR]TY SEAL
At the conch.rsion of a successful tcst of
proportloning devlces, rccord the span
adjustment settints and make tl-rem
availablc to the plant inspector. Where
thc devicc docs not produce a record of
adjustment, span number or other
indication of adjustment, tlxe device
shall be left in a secure condition by th€
placing of a physical security seal. Rcfer
to Scction 9-f.0f, paragraPh 4,
''Measur€ment of Quantitics," of the
curr€nt Standard SPccifi cations,
NOTE I O: whcn testing @ntinuous
mixi ng AC plants with computer control
systems, thc means of obscrving the
input settings for span adjustmcnt will
bc a digital display. The manufactuter
shall suppty the instructions indicating
the pror.:edure for displayinB, setting
and securinS de\ric. adjustEcnts and
security seals. The HQ Construction will
be responsible for reviewinB all ncw
proportioning systems for acceptability
use in producing mat€rial for CalranE
projects,
California Test 109
May 2004
F. SAFETY
l. The test dralt container shall be
sizcd to absolutelY prerrent overflow
during tcstinB.
2. BxtrEme attention must be directcd
to the hiSh tcmpcraturc liquids that
rDay b€ used during these
calibration attempts. These liquids
may b€ at t€mperetures in excess of
220'C.
3. Do not loiter in the arca of the
meter and its plumbing whilc thc
test is beinS ran. the inspection of
this arca shoutd bc completcd
before the start of calibration or
bctwcen tcst runs for subscquent
inspections' The ltquid being used
for testing of thc ProPortioning
devic€s is often at high tcmpcraturc
and/or high Pressure.
4. Be alert to the movement of
vehiclcs during the testing
operation. Numerous tcsts may be
runnlng simultancously with
multiple vehicles movinB about.
PART 4 . IEST PROCEDURE FOR
COIIVEYOR SCALES
A. GENERAL
Part 4 appties to all convcyor scalc
applications. The @nunuous conveyor
scalc (weighbet) shall mect the
riequirem€nts of Part I and Pan 5 of
this CT lO9.
B. INSPECTPN
1. Thc manufacturer's name and
model number sball be identified on
the model identifrcation Plate.
2. The scalc and thc conveyor at tlle
scde shatl be protected from the
wind and $,eather.
E.
and supplfng the instrl_ctio-ns. ioJ. -- -- .r+.41+, instaltation shall bc in
inspectlon of each system accepted tbr accordance wlth the scale manufac
- 13
turer's instructions arrd a coPY of
4.
the instructions shall be furnished
to the Engineer.
The incline of canveyor must be
positioned such that there is noslippatc of material along the
conveyor.
Footings for weighbclt must bc rcCand shdl conform to the
requirements of Section 9-I.O1,
"Measurcmcnt of Quantities,' of th€
Standard Specifications.
Indicators lor all proportioning
dcvices shall be in the plant controlroom. lndications shall be clear,
delinite, accurate and legiblc under
norma.l conditions of opcration ofthe system. Where there is nocontrol room associatcd with thematerial plant, the proponioning
device displays shall be grouped tofacilitate their reading from onelocation. Deliveries shall be
indicatcd and rccorded in krlograms,
tonnes, pounds, tons, liters, ga.llons
and decimal subdivisions.
Califomia Tost 109
Xry 2Ur4
has becn idle for a period of 2 hrs or
more, the empty convcyor shall be
run for not lcss thar 25 min before
the start of the testing.
3. The contractor shall provide asuitable container capablc of
rcceiving the frrll flow of material
bcing delivercd from the weighbelt
for the calibration procedure. This
calibretion containcr shall bc readily
portable.
4. kaking or Ioss of testing materialduring the calibration run at anyplace betwcen the weighbridge and
dctermining the test mass on thewitncss scale shall cancel the
tcsting until the malfirnction can becorrcctcd. The testing procdure
sha.ll not lose €xcess prcduct into
the atmosphere.
5. Thc contractor shall desigratc themaximum production spced for the
device bejng tested. The suctessfully
test€d calibration speds becomethe production speed limits.
Intcrmediate tcsting ranges shaU beas required in Table B, "Conveyor
Scale Testing Extremcs' as appliedto the maximum production spced.
(Table B attached.)
OEVICE TESTING AND CALIBRATIOiI
l. The calibration procedure may bc bypre-wsighing or post-weighinB thetesting material on the witness
scale. When a preweighcd test loadis passed over t}le weighbelt, the
conveyor-loading hopper must bc
cxamined bcfore and aftcr thc tcst toassure that all the material used forthe calibration chcck actually
passcd over the wcighb€lt. In eithertJp€ of operation, it may b€necessary to run ca.librationmetcrial through the system to"dirty the systcm,' or bring thecalibration peth to an as-usedc?ldition, to nrn thesystem to degree of'cmpty' for
6.
1.
2.
C. TEST EOUIPIUENT AND PROVISIONS
The weighbelt shall bc testcd in its
operating locahon with all operating
conditions prevailing. The scale
shall be tested after it is installed on
the conveyor with which it is to bc
used, Tlrc conveyor shan be testedunder normally expected environ-
mental conditions. The testing shaltbe reschcduled when weather
conditions are such rhat thc witness
scale indicator fluctuates by more
than three graduatons.
Any physical change of the belt
scale sha]I require a restart of thecalibratlon procedures. Changesthat may trigger retesting the deviceincludc, but are not limited to: a
component of the conveJror or belt
<reale is changed, adjusted, or-
altcrcd; the convsl.or incline angle is
changcd; the physical location of the
belt scale is changcd. If the conve_yor
t4 -
2. tsefore the start of the calibration
proc€dure, a zero load test shall be
conduqtcd and tbc devic! shall bcc€librated to manufachrr€r's
recrommendations. Set the z€rq.load
condition wlth the conveyor in
motion and with all necassary
attachments for normal op€ration in
place. lf zero crecp is pr6ent, it
must bc setf-compensating positivc
readings compensating for ncgative
readings.
3. The calibration medium shall be the
samc typc of matcrial that will be
uscd in production.
4. Witness Scale - The sritness scale
shall meet the requirements in TableB, nConveyor Sca-le Testing
Extremes." Error test the requircd
sca.le to bc used as the test standard
with test loads of known mass.
(Refer to Part 1, Section D.) This
must bc done within I hrs Prior to
the beginning of testing tl.e
acturacy of th€ proportioning
devices. A build-up method may be
used to check that portion of the
scalc capacity in cxcess of 25 eh ot
its opcrational limit. Error testing
stnll produr- a witncss scalc that is
acrurate to within two graduations
of its calibration tcst mass (known
test mass and build-up mass if
uscd). When the nesly crror testcd
witness sca.le is isolated from uscs
outside of the devicr calibration, it
will not havc to be retested for a
period of 7 da).s provided it remains
undisturH and free oferrors. Referto the weiShts and M€asures
Handbook for details on error
testinS of witness scales.
NOTE l1: when testing Productionplants with comPuter-control systems,
the means of observing the inPut
aettin8s for the numerical security seal
(span numbcr) is normally a digital
display. Thc manufacturcr must suPplythe instructions 9n how. . thi. ---spa-nnumbers for the adjustin8 clem€nts arc
displayed and calibrated. Thc HQ
construction will be responsible for
Californla Tcst '109
MaY 2@4
reviewing all new proportioning aystemsfor acceptability and supplying the
instsuctions for inspection of each
system acccpted for use in producing
matcrial for CaltraIs projects. Whcre
the adjusting elements do not producc a
nuroerica.l sccurity seal, the devicc
shall bc lelt in a sccure condition by
the placing of a physical security seal by
thc District WMC. Refer to Section
9- l.O l, paragraph 4, 'Mcasuremcnt
of Quantities,' of the Standard
Specification6.
5. Always check the rate indieator
against the totaliz€r iadicator for
several intewals of l-min or more-
Time the intcrval with a stopwatch.
The indicat€d rate should be within
1% of the rate dctermined bY the
tota.lizer. Check the .wrent
spccifications for the product beinS
produced to dcterminc the
maximum allowable error for likc
indicators-
6. When the vreiShbelt s)rstem includes
a scparate stand-glone controllcr,
this independ€nt conboller shall be
the onty controller used for the
testing end calibration of the
weighbelt. Thc ca.libration procedure
shall be separate from and not used
with the main plant controller. After
the succcssful testing of thc
separate, stand-alone device, the
main plant controller shall be
adjusted to track the calibratcd
proportioning device, cxactly. (Sce
Note 5.)
Whcre the weighbclt is not suPplied
with the means of self-caltbration,
the mein plant controllcr will have
to be us€d for the weighbelt testing
and calibration. Rcfer to t-b€ Wcights
and Measures Handbook for more
information about plant controller
interfac€ with individual Prcportion-
ing controllers.
7. In the event the material production
ratc is to excecd 365 mctric tonncs
per hour {MTH) (402 tonnes per
- 15 -
hour), the high sp€ed calibration
atteEpt may be a sct of tqro runs of
2 min cach for cach calibration rate
gr€ater than 365 MTH. The average
error for each pair of runs shall notcxcecd l.O9; This avcrage high-
speed error shall be used as the
high-speed r€sult.
8. Record span-adjustment setting and
reading o[ the weighbelt's totaliz€r
before each test run. Divert the test
flow of calibration material into the
calibration @ntainer directl5r fromthe feeder bclt at each of thedesignated rates. Each series of
tests shall consist of at least threeruns of at least the minimumquantity statcd in Table B,'Conveyor Scale Testing Extremes.'
'l he empty mass (tare) of thecalibrauon container shall be
detcrmined at the beginning of each
test run. Any toss of material duringthe test run shall be cause for
starting the test run over.
9. The difference between the mass
accumulated on thc weighbelttotalizer (metered) and the mass
indicated on the witness scale when
the calibration @ntainer is urcighcd
(actual) is divided by the actual
mass to d€termine the percent errorfor the calibration run. The average
pcrcent error for the three tcst runsis the sum of the deviations of t}le
three individual test ruDs dividcd
by 3. If the device is adjusted before
compleuon of the thrce calibration
nrns, the test is aborted and a newscrics must bc initiated. Devic€error shall be within the limits
expressed in Table B, 'Conveyor
Scale Testing Extremes.'
REPORT ANO SECURTTY SEAL
At the conclusion of a successful test ofproportioning devicts, rccord the span-
adjustmcnt scttingi and -make iircir,available to the plant inspector. Where
t}le dcvice do€s not producc a record ofadjustment, span number or other
Califomla Test 109
llay 2004
indicetion of adjustment, the device
shall be left in a sccure condition by the
placing of a physic€.I sccurity seal. Referto Section 9-1.01, paragraph 4,
'Measurcment of Quantitics," of the
current Standard Sp€cifi cadons.
F. SAFEW
l. Bc alert to the movement ofvehiclesduring the testing operation.
Numerous tests may bc mnning
simultaneously with multiple trucks
moving abouL
2. Place 5ourself in an area that is
completcly free of the cold teed bins,
feeder conveyor, weighbelt and truck
loading areas during the time of
testing.
PART 5 . TEST PROCEOURE FOR
VOLUi'ETRIC PROPORTIONII{G PLANIS
Pafi 5A - Volumetrlc RSC (Rapid Sar.ngth
Concrcte) Proportloning
A. GENERAL
The delivery rate of agBrcgate and
ccmcnt per revolution of the agtregate
fecder shall be calibrated at appropriate
gate settlngs for each batch-mixer truckuscd on the project and for each
aggretate source.
B. INSPECTION
lnspect the batch-mixer trucks for
compliance with the contract special
Provrslons.
C. TESNNG EQUIPMENT AND PROVISIONS
L CalibratioD tests for aggregatc,
cement and watcr proportioning
devices shall be conducted with apladorm scalc located at the
calibration site. This platform scale
shall have a maximum capacity not
Jr:r8 .,5 tonnes with maximumgraduations of O.s-kg. The platform
scele sha.ll be error tested wirhin
8 hrs of calibration of batch-mixer
truck proportioning devic€s. Error
testing shall be prcrformed with test
maesc5 conforming to tlds CT 109
aod shall produce a witncss scale
that is witltn two graduation8 of thc
test mass load. The saale and all
oticr equipment nccdcd for thc
calibration o, proportionlng systems
shall be available for use at the
production sitc throughout the
production pcriod.
2. .fhe batch-mixcr truck sha-ll be
equipped so that an accuracy chcck
can be made prior to thc lirst
op.rati,on for the project and at any
other time as directed bY the
Enginccr. Further calibration of
proportioning dcvices shall bc
requircd wcry 30 days after Produc-
tion begins or when the sourcc or
type of any ingEdicnt is changed. A
spot calibration shall consist
of calibratlon of the cement
proportioning system on-br' A two
run spot rccalibration of the ccment
proportioning systcm shall bc
pcrformcd each time 50 tonnes of
cement has passed throuth the
batch-mixer truck. Shoutd the sPot
rccalibration of the cement
proportionint systcm lall outside the
limitetions specifrcd herein, a full
calibration of the ccmcnt
proPortioning system shall be
completed before Production
resumes
lngredient indicators shall b€ in
working ordcr prior to commcnclngproportioning and miin8
op€rations, and shall bc visible
when standing neat the batch-mixer
truck.
OEVlcE TESNNG A]{D CALIBRATION
1. A88r€gatr ProPorttonlng Batch-
mixer trucks shall bc calibratcd at
three different aSgregate Sate-seiringu- t'lihi- are commensurate
with production nccds. Tbo or more
calibratlon runs shdl be requirEd at
each of the different a8g,rEgate gate
CrllSomlt To3t ,09
Xay 2@4
op€nings. A8gregate belt feeder shdl
delirrer attregate to the mlxer with
such volumetric conslstcncy that
deviation for any individual
aggrcgatc delivery rate check-run
shall not cxcccd 1.07o of the
mathcmatical average of a.ll runs for
the same aat oPening ald
aggregate type Each test nrn shall
be at least 5OO kg. Fine aggregale
uscd for callbration shall not be
reuscd for devicc calibration.
2. CcrDent Proportionint - The cement
proportioning system shall delivcr
cement to the mixer with such
volumetric consistency that the
deviation for any individual delivery
ratc chcck-run shell not excecd
l.O% of thc mathcroatical averagc
of threc runs of at lcast 5oo kg
each. Cement used for calibration
shall not be reused for dcvice
calibratlon.
3. Water Proportioning - Refer to Part
3, Test Procedure for Liquid
Mctcring. 'l'hc water metcr shall be
equipped wittl rate-of-fl ow lndicators
to show thc rate of delilrery and a
resettable totalizcr 8o that the total
water introduccd into thc mirture
can be determincd. The totaliz€r
shall not rEgister when the water
metering system is not dclivcrint
wat€r to the mix.
4. Liquid admixtures shali b€
proportioned hr a meter. This meter
shall be tested as per Part 3 of this
cr lo9.
REPORT AND SECURITY SEAT
l. A Certificate of comPliance in
conformance qrith the proeisions in
Standard Specifications, Scction
6-1.07, "Certificates of Compliance,'
shall be h.unished with each delivery
of ag8rc8atc, cemcnt, and- a.lrnixturcs uscd lbf cdiuatfun
tests, and shell bc aubmittcd to thc
EnSincer with a ccrtified copy of the
mals of cach dcliwry. The
E.
-17 -
Certiticate of Complianc-e shall state
that the source ol materials uscd Iorthe calibration tests is from the
sarne source as to be used for theplanned work. The Certificate of
Compliance shall statc that the
material supplied conforms to theStandard Spccifications and the
Special hoyisions, and shal b€signed by an authorized
rcpresentative who shall have theauthority to represent and act for
the contractor.
2. At thc conclusion of a successful
tcst of proportioning dcvices, rccordthe span-adjustment settings andmake them available to the plant
inspector, Wherc the device does notproduce a record of adjustment,
span number or other indlcatlon of
adjustment, rhe devic€ shall br left
in a secure csndition by the placing
of a physica.l sccurity seal. Refer toSection 9-t.0f, paragraph +,"Mcasurement of Quantities,- of thc
current Standard Specifications.
F. SAFETY
Rotating and reciprocatint equipment
on batch-mixcr trucks shall bc covercdwith metal guards, Be very carefularound these trucks whcn thcy are
mobile.
Part 58 - Test Pmcedur. lor Volumetrlc pave-
ment Seal Production Equip.nent
A. GENERAL
l. Slurry seal mixer-spreader trucksproportion aggregate and emulsion
by volume. Due to possible changes
in aggregatc obtained from differentsourccs, each truck must be
ca.Iibrated for each source at least
once evcry six months. A greaterfrcquency may be necessary,
especia-lly qrith equipment changes.
ensure compliance with therequircments of S€ction 37 ofthe Standard Specilications, this
Calirornia Test lOo
t{ay 2(x}4
CT 1O9, and all applicablc Standard
Spccial Provisions.
B. INSPECNON
Inspcct the batch-mix€r trucka for
complience with the contract special
provisions.
C. TESTING EOI'IP E TAND PROVTSIONS
l. For the tcst standard, error-test a
section of a rrehiclc sca.le locatcdwithin 3 miles of the aggregate
stockpile.(Rcfer to Pan 4, Section
D-4.)
2. The mixer spreader truck shall bc
equippcd so that an accuracy checkcan bc made prior to th€ ,irst
operation for the project and at anyother time as directcd by the
Engineer.
3, lngredicnt indicators shall bc in
working order prior to commcncing
proportioning and mixing op€ration3
and shall be visible when standing
near the batch-mixe! truck.
D. OEVICE TESTING AND CALIARATIOT{
l. Aggregate Belt Rat€ Determinations
a. Preweigh a loaded truck and runat least 3 tonnes of a€tregate
from the truck mounted hopp€r,
over the b€lt, and throwh theputmilt. Registcr the numbcr of
counts on the aggregate belt-
feeder revolution clunter.
Reweigh the truck after thc test
run, divide the net mass changc
by the revolutions countcd andreduce the results by themoisture content of the
aggre8ate bcing used for the
calibration to obtain a drykilogram of aggregate per
i. ' insfrct *re f,ua';:;ird;ifef iiidaa"E -- * rerolution'
Note I2: What you have aftcr here isthe numbcr of dry kilograms of
aggregate delivercd to the pugmill
-,8-
pcr unit of thc aggrcgatc bclt-fecder
revolution c-ounter. The type of
count des not matter as long as it
relates to agtregate belt-feedcr
movement - it rnay be different for
each truck. The important finaI
product of this calibration is the
ability to determine tle ratio of
kilograms of dry ag8re8ate to the
ki.lograms of emulsion, corrected for
temperature, while operational.
b. Continue this operation for a
total of thrcc runs at the
approximate gate setting to be
used during thc production of
slurqr seal. None of thcse
thrcr runs should deviate from
their combined m-athqFatical
avcrage b, more than 1.Oolo.
After using the abovc Proccdurc
to establish belt fe€dcr delivery
consistcncy, do two more runs
that bracket the initial deliverY
rate. Thes€ two runs ard the
average of the first three runs
should produce a straightline
plol.
NOTE 13: An a.lternate aggr€gate
calibratron option is to capture the
material lcaving the mixer-spreader
truck, without lo:s, and dcPosit it
into a contain€r. Thc procedure then
shall be as for volumetric rcC
equipment as in Part 5A, Volumetric
RSC Proportioning.
Emrrsion PumP Rate
Determination. Use the test
standard, vehicle scale, as set up for
thc a8gregate tcst.
a. Preweigh a mixer-Epreader
truck, cmpty of aggregate,
loaded with emulsion to bc uscd
for the contract. Run at least
l20O L from the truck mounted
emulsion storaEe throu8h the
emulsion pumP and -into - a
separate ta.rk, The aggregatc
bclt-f€cdcr must run in an
cmpty mode in order to make
Csllfomia Tesl 109
Uay 2004
thc aggreBate belt-fccder
revolution counter functional.
Re8ister the number of clunts
on the counter.
Reweigh the mixer-sprcader
truck after the tcst run, dividc
thc nct Eass changc by the
rcvolutions countcd, and rEduccthe results for any ma'or
temperatur€ clrrcction to obtain
a corrcctcd kilograrts of
emulsion pcr unit of the
aggregatc bclt-feeder revolution
countcr.
b. -Qonti.Irue - thit--9lElgliqg-for a
total of thr€e runs at the
to bc
slurry sral, tton" or *r"""
otir$
runs sho!. d dcviatc from thcir
combined mathematical average
by more than 2.O %- The average
of the results produc€d bY thesc
three test runs shall bc used for
thc emulsion PumP rate
dctcrmination for usc in
opcrational calculations.
If the contractor elects to use a
varis.ble rate emu.lsion PumP,
continue the test with the
following proccdure. After usint
the initial threc test runs to
establish the emulsion PumP
delivery consistcncy, do two
more runs that bracket the
initial delivery rate. The results
of the se two runs and the
avcrage of the first three runs
should producc a straiBhtline
plot
c. Check that the cmulsion PumPand all ptumbing are fr"€ of
leake. Check the thermomet€r in
the emulsion storage tank with a
standardized thermomcter.
" --- -5:- !rum*i*t're i'. 1€le? ta- Paft 3, Test
Pr6ldurc for Llquid Metering.
-'t9
REPORT AND SECURITY SEAL
At the conclusion of a succtsslul test of
proportioning devices, record the span-
adjustment settings and make them
available to the plant inspector. Where
the device does not produc€ a rccord of
adjustment, span number or otherindication of adjustment, the deeice
shall bc left in a secure condition by the
placing of a physical s€cuity seal. Referto Section 9-1.01, paragraph 4,"Measuremcnt of Quantities,' of the
current Standard Specifications.
F. SAFETY
Rorating and recip rocating €quipm€nton mixer-spreadcr trucks shau be
covered Eith metal guards. B€ very
careful arcund these trucks when they
are moving.
PART 6 . MAIERIAL PLANT SAFETY
INSPECTIol{
A. GENERAL
Test all plants producing material forCaltians projects for departures fromthe regulations administered by theCalifomia Division of Occupational
Safety and Hcalth, U. S- Dcpartment of
Labor - Occ-upational Sahty and HealthAdministration, and CaliforniaDcpartment of Transportation. Onlythosc arcas frcquented by Caltransplant inspectors necd be inspcctcd.
Refer to Section 7-1.06 'Safety andHealth Provisions" of the Standard
Specifications.
Report all safety d€ficicncies on FormHC-O012, "Material Plant SafetyChecklist,' or cquivalcnt. This rs a
chccklist type form to help witb the
safety regulations. The completed clpy
of this report must be passed on to theResident Engineer, HQ Construction,
the plant inspector, and the contractor,
t efore the rJart of lEodDction poasible.
Callfomla Test 109
May 2004
REFERENCE
California Standad Specifi cations
Caltrans Standard Special Provisions
Califomia Test 125
Callran! W€ight and Measqr.s Handbook
End of Text
(Calitomia Tesl 109 contalns 21 pageE)
-20-
TABLE A. METER TESTING EXTRE ES
Cslifomia T6t 109
Ill,ay 2404
Attachmcnt
indMdualmeter size
minrmum
test draft
witness scale
maxmums
0.76 - 1 49
> 1.49 >38
' Iylet€rs used fol poportbnlng at conlinuous mixing AC plants 8M limeslurry koabngnt pNants
striir ue, acorrate i.e riamn 0.5-% ol lhe test bad for an averago of tht€e tesl runs and no
indMdual tsst run gltor shell oxceed 1.0 %
large 1150 l2500ks | 0.50 ks lr r1
TABLE B . CONVEYOR SCALE
'ESNNG
EXTREMES
' Use . 3 (inrto o. IqEar cdrbralioi tun t,dess 0E c*dbn /are e)rce€ds
365 tcn6 p6. toJr.- ItD rif!€b scde sizo h bghouse drd nnl deped m tE arpunt d 'nabtialdelivered dfi)g fte 1 5 miruto t61 rLh
-21
ro2ao sAI sEvArNE vtAy. JURUpA VALLEy, CA 9t?52
PlOtlE pstl ua.lBl - F x: lg,t) 0t2.t@a
The following successful cold central Plart Reqcllng (ccpR) proiecls have been completed by pavement
Recycling Systems, lnc.:
Proiect : 2017 SEeot RGudaclng ProJ e(,-t,752-17
Agency: City of Palm Desert
Projecl Engineer: Ryan cayler 76G346S11
rgayler@ci.palm-(bsert.ca. us
Dates: Ssptenb€r, 2017
ProJect : Pavement R6hsbllttafion proroct
Agenc]. Sonoma County Fair
Proiect Engineer Yous€t Moradzadeh, pE 6SG4B2€3OO
ymora&adeh@bld.com
Dates: October, 2017
Prolect : IrcOonnell Avenue, ET. AL.
Ag€ncy: County ot Los Angetes
Project Engineer: Fred Kheradvar 626-4583199
ll(heradv@dprv lacounty. gov
Dales: Soptember, 2017
Prolect : Gllbort Street Reh.bilitrtion
Agency: City ol Hemet
Project Engineer James Cruz 951-765-2361jcruz@cityof hemot.org
Dates: December. 2017
Project : 124s Strcet, ET. AL.
Agency: Counv of Los Angeles
Prcrl'ecl Engineer. Jose Pou 626-458-2rgl
ipou@dpw. lacounty. gov
Dates: NoYember, 2014
t02a0 sAr sEvAttE yvAy, JuRupA vAt-LEy, cA 91?52
Plot{E: lst, 2.llM.Frd: (sl}6e.i(€.
The followlrp successful Cold Central Phnt Recyding pIoiecis have b€en complet€d by pavement
Recycling S)6tems, lnc.:
Pror.ct : BoyL snd Frultllnd Rehabltlt tion Prorcct
Agency: City o, Vernon
Proircl Enone€r: Vince Rodrilryez - (323) 58$88i1 ext. 220
vrodriquez@ci.vernon.ca,us
Oates: August 2014
6urt8clng CCPn project
r P.E. . (760) 346-0611 , . _
roaYl6r(Oci. oalm-deserl.ca.us
Dates: S€ptembe( 2014
Project : Lennor Community Road lmEovementa
Agency: County of Los ArE€les
Project Engineer: Greg Kelley - (626) 458{923
malilo;GKELLEY@dow.lacounty.oov
Oatos: October 2014
Proiecl : l24b Sk€et, et C.
Agency: County of Los Angeles
Proj€ct Engine6.: Greg Kdley - (626) 45&4923
marllo:GKELLEY@dow lacounlv.oov
Dat6: July 2014
Project : Las Tunas Drlvc Pavement Rohabllltaiion
AgEncy: City o{ San GaMet
Project Engine€r: Daren Grilley - (626) 30&2806
darilley@soch oro
Dates: May 2015
Pmjcci : Salton City Roadwry lmprov€menti
Agency: County of lmpedat
Prqect Enf,ine6r: Mady Philirs - (760) 533{i 19
mphill! os@kleinrelder.com
Oates: July m16
Proloci : lrajor St6ot Rehabilitatlon - Cltyrvide
Agsncy: City of Pomona
Proiect Enginesr: Kurt Pedersen - (909) 594-9?02
koedersen@rkaorouo.com
Dates; April 2017
Projlct: San Gabrid Valley Airpo Apron pavement Rehabllltatlon
Ag€ncy: County o{ Los Angeles
Proiect Engineer: Ali Dana - (626) ,t5&3't 1O
adena@dow. lacouoty.(lov
Dates: May 2016
IO2{O SAN SEVAINE WAY. .lT'RUPA VALLEY, CA 9I1J2
IBO Ej (95 D 612- | 091 . FAX: (951) 6e. t 09a
The following is the Emulslon supplier lnformation for the CCpR:
Western Emulsions
382 East Live Oak
lrwindale, CA 917O2
Kevin Donnelly
Ph.949-248-8020
www.westernemulsions. com
PASS R has been sucesgtully uscd on the following cold centrsl plant P.ojects.
Prorect : 2014/arl5 str€et Re.urhclng CCPR Fdect
Agency: City ofPalm Des€rl
Project Engineer: Ryan G.ylor P.E. - (760)3454611
rsavler(Aci. oalm-desert.ca.us
D.tes: Septemb€r 2O1'l
Foject : tenoor conmunlty Road lmprovcmelrts
Agency: County of Los Angeles
Project Engineer: Gr€8 KelleY - (625)458.1923
mailto:GXE LLf Y@dow.lacountv.Po\.
Dat6: October 2014
ProJrct : 1246 st?rat, st C.
Atency: County of Los Aruelet
Prorect Elginee(: Greg l(clley - (526) 458'4923
mailtoi6K(t[€Y@dow.lacountv.qov
Dates: July 2014
Prolect : t.s funas O.ive Pavcment Rehabilltallo.l
Agency: qty of san Gebriel
Project Engineer: Daren GrilleY - (626) 30&2806
dqrilleJPseclr.crq
Dates: May 2015
Prol.ct : thon CJV RoadunY lmProreEEnts
Agenoy: County of hnpe(ial
P.oFct Englnecr: Mrrty Phi[iP5 - (760) 533-8119
m ohrlhos@kleinf elder,com
Dat6: ,uly 2015
Prol.Gt : Mrlor stf.rt RehsHntetbn - cltyu,ldc
Agency: Oty of Pomona
Ploiect Englncer: xun Pcd?rseo - (909) 59/t'9702
koadeBen@l kaProug com
Dates: Apdl 20u
prolect : san Gabtbl valtey Alryon APron Pavame{rt Rdt bdit tloo
ASency: County of Los An8eles
Prolect Engineer: All Dane -(625)458-3110
adanaG)dow.lacountv.Eov
Dat€s: May 2016
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PLtsLIC WORKS DEPARTMENT
4305 Santa Fe Avenug Vemon, Califomia 90058
Tetephone (323) 5E3-t8l I
Mcch 13, 2018
NOTICE TO BIDDERS - ADDENDUM NO. I
Via e-mail
DOWNEY ROAD IMPROVEMENTS
CoNTRACTNO. CS49t0
IN TI{E CITY OF VERNON, CALIFORN1A
This notice shall be considercd as Addendurn No. I to the Specifications for tlre above-mentioed poject and
modifies the original Specificatims and Conmcr Docunrcnq as noted below. Portiorc of tlrc ConEact, not
specifrcally memirxed in tlp Addendunu rcrnain in forcc.
Contract Specifications:
In the PROJBCT SPECIFICATIONS, replace poges 32 and 33 ofthc SCIIEDULE OF PRICES. These
pages are to be amended as follows:
l. On page 32 ofthe PROJECT SPECIFICATIONS, Bid Item No. I Unclassified Excavation is
amended as follows:
a. lncrEase quantitics to 12fl) CY
2. On page 33 of the PROJECT SPECIFICATIONS, the SCHEDULE OF PRICES is amended as
follows:
a. Add Bld Item No, 25 - Uniform Cold Plene and Dlrpce of 2' thtck espbdt
p.vemert - Qurntity - 12rE00 SF
b. Add Bid lten No. 25 - Construct 4 fect wide, 8" thick V-Gutter over 5" of C.M.B. as
shorvn oD Contract Sheet No. I I - Quentity - 50 LF
Ifyou have any qucstions, please call Felix Velasco ofmy staffat (323) 583-8tl [, extension 3 18.
Dw1fr
Enclosurcs
c: City Clcrk
Daniel Wall, P.E.
Director of Publio Works
lE 4c ttts iv e ty I nfiu tria t
SCHEDULE OF BID PRICES
PROJECT: Downev Road lmorovements. Contract No. CS{940
BIDDER'S NAME:
BASE BID
Pursuant to and in compliance with your Notice lnviting Bids and Contract Documents relaling to lhe Project including
all Addenda (attach signed copies), Bidder, having bemme thoroughly familiar with the terms and conditions of the
Conkact Documents and with local conditions affecting the performance and the costs of the Work at the place where
the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance
with the Contract Documents (including the fumishing of any and all labor, matenals, tools, expendable equipment,
and utility and hansportation services necessary to fully perform the Work and complete it in a workmanlike manne|
for the total Base Bid sum of:
Dollars ($-__________----J
Item No Description Units Quantity Unit Cost Amount
1 Unclassified excavation - sawcut, removal, and disposal of
asDhall Davement, concrete, aqoreqate base & soil.
CY 1,200
2 Cold Recycling by Central Plant melhod of cold planed
asphall concrete and placement of recycled asphalt to a 4"
deDth (emulsion and additive under a separate bid item).
SY 19,121
3 Uniform old plane cutling, 6" deep.SF \72,088
4 Emulsifled recycling agent for asphalt concrete Cold
Recvclino orocess.
TON 126
5 Additive for asphalt concrete Cold Recycling process.TON 39
6 Construct 2" thick Latex lt/odified AC overlay C2-PG70-10.TON 2 079
7.Construct new B-PG 70-10 Asphalt Pavemenl in accordance
wilh the Dlans and spec lcations.
TON 10
8 Construct 8" thick High Early Strength concrete pavement
wilh wire mesh and rebar dowels on 8" thick crushed
miscellaneous base.
SF 17 ,164
I Construcl 3.5" thick Concrete Sidewalk per City Std. Plan
PV582.
2,541
10 Construct modified 8' thick High Early Strength concrete
driveway per City Std. Plan PV693. lnclude 8" imbedded #4
rebar 12" 0/C with 4" min cover at concrete ioins.
335
11 Remove 6" curb and construct 6" high concrete curb with 8"
foundation per City of Vemon Std. Plan PV693 with a 1 feet
wide reconslruction of 17" Asphalt Section ,2' of C2-PG70-
10 over 7" of B-PG70-10 over 8' of C.M.B.
LF 2,731
12 Remove and Construct 6' high concrete curb with 8'
foundation Der Citv of Vemon Std. Plan PV693
LF 300
Page 32 of L12
13 Remove and Conslruct 8' high concrete curb and 2' gutter
with 8'foundalion per City of Vemon Std. Plan PV693 with a
1 feet wide reconstruction ol'17'Asphall Section, 2' of C2-
PG7G10 over 7" of B-PG70-10 over 8'of C.M.B.
LF 25
14.Conslruct 8" thick Concrete Curb Ramp including Truncated
Domes per Caltrans Std. Plan RSP A88A,
14
tc_Double adjust (before uniform cold plane and afterfinal pave)
existino manhole frame and cover.
46
16 Adjust existing manhole frame and cover to grade.EA 7
17.Construcl Truncated Domes 4'x3' (glue down type) on
concrete walkwav per Caltrans Std. Plan RSP A88A.
EA 4
18 All traffic signal wo* at Vemon and Downey as shown on the
plan.
LS 1
19 All traffic signal work at Santa Fe Avenue and 48lh Street.
Cost shall include all electrical work, installation of new loops,
conslruction of new ramos and strioino as shown on the Dlan.
LS ,1
20 All traffic signal work at Downey Rd. at Leonis Blvd as shown
on the plan.
LS 1
21.AII traffic signal work at Downey at Fruitland Ave as shown on
the plan.
LS 1
,),Stnping, legends, markings, reflectors, etc. on various slreets LS 1
23 Traffic Control on various streets for slurry seal proiect.LS 1
24 Remove ex. c€tch basin; Protect ex. RCP pipes; and
construct catch basin per S.P.P.W.C. standard plan No. 300-
3 except the curb inlet shall be per O.C.E.M.A. standard plan
1306 sheet 2 of 3. Construct local depression per S.P.P.W C.
slandard plan no. 31&3, case "b". Construct and install cps
unit.
LS 1
25.Uniform Cold Plane and Dispose of 2" thick asphalt
pavement.
SF 12,800
26.Construct 4 feet wide, 8" thick V.Gutter over 6" ol C.M.B.
as shown on Contract Sheet No. 11.
LF s0
BID TOTAL
$
WRITTEN AI\4OUNT
$
Allolher work items, labor, materials, tools and incidentals which are not specrfically listed in the above bid items, but
are necessary lo complete the prolecl per specifications, and all other applicable slandards and codes are considered
to be included in the above bid items.
lf there is a discrepancy between (1) the 'Grand Total" shown immediately above, (2) any of the "total costs" shown in
the far nght column above, or (3) the individual Unit Price, then the Unit price shall control over the lotal cost, and the
totalcost shall control over the total. lf, however, the unit pnce is ambiguous, unintelligible, or unce(ain for any cause,
or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided
Page 33 of 712
RECF!!rED
MAR 2 I 2018
CITY CTERl('S OFFICE
RECEsVED
HAR 2 6 2318
CIII/ ADMIIJ'SIRAIION
srAFF REIp_B[- 3lzt\rvPUBLIC WORKS DEPARTMEN
DATE:
TO:
FROM:
RE:Contract Award for City Contract No. CS-0915: Citfrvide TraIIic Signal
Maintenance FY 2018
Recommendation
A. Find that the proposed Capital Improvemenr Projecr for the citywide Traffic Signal
Maintenance FY 2018 Project throughout the city limits is categorically exempt under the
Califomia Environmental Quality Acr (CEQA) in accordance with CEeA Guidelines
Section 15301, Existing Facilities, Class l, maintenance, because this project only
consists of maintenance and repair of the City's traffic signals; and
B. Accept the bid from Siemens Industry Inc. as the only responsive and responsible bidder;
and
Approve and authorize the City Administrator to execute a contract in an amount not to
exceed $297,354.0O for the Citywide Traffic Signal Maintenance Fy 2018 project (CS-
0915); and
Authorize a contingency of $32,646 in the event of an unexpected changed condition or
additional extraordinary maintenance and grant authority to the City Administrator to issue a
change order for an amount up to the contingency amount, if necessary.
Background
The city of vemon currently owns and operates 4 t traffic signals. The city was seeking a
contractor to inspect and perform maintenance on the traffic signals on a monthly basis. In
addition, they must be capable of performing emergency repairs on damaged or non-functioning
equipment at all locations including repair or replacement of fai [ed components and the
April3,2018
Honorable Mayor and City Council
Daniel Wall, Director of Public
Originator: Vincent A. Rodrigu roject Coordina ,r, /{
D.
emergency replacement of equipment damaged by vehicular accidents. This extraordinary work
will be performed on an on-call basis available 24 houn a day, 7 days a week.
On February 20, 2018, the City Administrator authorized the advertisement of the Notice
Inviting Sealed, Competitive Bids for the Citywide Traffic Signal Maintenance Project FY 2018
Project. The Notice Inviting Bids was advertised in the following construction related websites:
Bid America eBidboard Construction Contract Advertising and 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-0915, Citywide Traffic Signal Maintenance FY 2018
Project, were received and opened on March 20,2018. The calculated results were as follows:
1. Siemens Industry, Inc.s 297.354.00
The Public Works Engineering division staff has analyzed the bid and is now recommending that
a construction contract be awarded to Siemens Industry, Inc. in the amount of $297,354. The
proposed contract has been reviewed and approved as to form by the City Attomey's Office.
Additionally, staff recommends the authorization of a 532,646 contingency in the event of
unexpected changed conditions or extraordinary maintenance in the project.
Bids were for a comparison purpose only. The City of Vemon will pay $38,868 per year for
preventative maintenance. The City is proposing to enter into a contract with Siemens Industry
Inc. for an amount of $99,118 p€r year. The remaining $60,250 will be used towards
extraordinary (emergency) work which will be based on actual time and materials established by
the unit prices provided.
Fiscal Imoact
This contract will be budgeted for three years at an estimated cost of $110,000 per year for a
total of$330,000 which includes the contract value and the contingency amount. The bid equates
to $297,354 ($99,1l8 per year) and the contingency amount equates to $32,646 ($10,882 per
year). The cost for one year of traffic signal maintenance was budgeted in FY 2018 in the Street
Operations-Public Works portion ofthe budget and will also be budgeted in subsequent years.
Attachment(s)
l Contract Agreement No. CS-091 5
lechnical data, interpretations, opinions or provisional statements contained thelein:
3, SCOPEOFWORK
Within the Conkact Time and for the stated Contract Sum, subject to adjuslrnents thereto, and pursuant to the Contract
Documenls, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; lools;
equipment; apparalus; facililies; supplies; tools; permits, inspections, plan checks, and similar Govemmental
Approvals; temporary utilities; utility connections; and lransportation necessary to mmplete the Wo* in stdct conformig
with the Contract Documents for:
Citvwde Traffic Srgnal Maintenance 2018
Contract CS-0915
4, TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substantial Completron of the Work within _3_ years from he
Date of Commencement established in City's Mitten Notice to Proceed ('Contract Time"), subject to adjustment in
accordance with the Contract Documents. Contractor shall achieve Final Completion ol the Work, within the time
established by the Ce(ilicate of Substantial Completion issued by the City. The Contract Time may only be adjusted
as permitted by this Construction Contract and the General Conditions.
Time is of the essence of this Agreement. Except when the Conlract Documents state otheMlse, time is oI
the essence in the perlormance of the Work. Contractor acknowledges that the trme limits and deadlines set forlh in
the Contract Documents are reasonable for Contractor to perform and complete the Work.
Liquidated Damages. lf Contractor fails to achieve Substantial Completion of the entire Work within the
Contract Time lor Substantial Completion, Contractor shall pay City as liquidated damaoes ttle amount of One thousand
Five Hundred Dollars ($'1,500.00) per day for each calenda day occurdng afler the expiration of the Contract Time for
Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of
the General Conditions of Contract.
Conlractor lnilial here: _.
5. CONTMCT SUM
ln consideration of the Contracto/s full, complete, timely, and faithful performance of lhe Work required by the
Conlract Documenls, City shall pay Contractor the sum of Two hundred ninetv seven thousand. three hundred fiftv
four dollars/no cents ($297.354.00), payable as sel forth in the General Conditions ("Contract Sum').
lN WITNESS WHEREOF, the parlies have caused this Contract lo be executed lhe date and year first
above writlen.
Executed at
[Contracto/s Corporate Seal]
CITY OF VERNON:
[Contractor]:
By:
An Aulhorized Signatory
Printed Name:
Tille
APPROVED AS TO FORM:
By:
CONTMCTOR'S SIGNATURE MUST BE NOTARIZED
By:
Name:
Title:
Name
Ti e:
Date:
ATTEST
By:
-Name: _
Title:
California.
1.01
EXHIBIT A
GENERAL CONDITIONS
ARTICLE 1- PRELIMINARY PROVISIONS
DEFINITIONS
The following \,rcrds shall have the following meanings:
A. Allowance. A line ltem mst estimate established by the City to be canied in the Base Bid sum, Contracl
Sum, and Schedule of Values for Paymenl for a particular item of Work, which c€nnot be sfficiently
defined so as to allow the Contractor to adEuately determine fair value before lhe Bid Deadline.
Allowances include estmated amounts established by the Crty lor certain construclion elemenb that
have not yet been fully designed or authorized for inclusion in he Work or to prmit defened approval
or selection of aclual materials and equipmenl to a later dale when additional information is available
for evalualion.
B, As-Builts. The documents prepared by Contrrclor showing the condition of the Work as aclually
built, induding, without limitalion, all changes and the exact loc€tions of all mechanical, eleclrical,
plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract
Documents.
C, Base Bid. The total sum stated in the Bid Form for which the Eidder offers to perform Work descnbed
in the Contract Documents as the base Contract Work (e,9, notdesignated as part of a Bid Alternate).
D, Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the
Wo* Ior the prices staled in response to the Notice lnviting Bids.
E. Bid Allernale. An item of Wo* described in the Contract Documents as an Alternale Bid lhat will be
added to or deducted lrom the Base Bid and the Contractor's responsibility only if the City accepts
the Bid Altemate,
F. Bid Forms: The City-prescdbed forms which the Bidder shall complete and use lo submit a Bid. The
Bid Forms include: (1) Bidde/s Proposal; (2) Schedule of Bid Prices; (3) lncumbency Certificate; (4)
Bid Bond; (5) Bidde/s Statement of Qualifications; (6) Experience Form; (7) Trades Expenence
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of Non-
Collusion; (11) lnsurance Requirements Affidavit; and (12) forms included in the Specilication
required by the type of pOect funding (e.9, federal, ARM, HUD, etc.).
G. Bidder. The individual, partnership, firm, corporation, joinl venture or olher legal entity submitting a bid
on these Contracl Documenls or any parl thereof.
H. Bidding Documents. Bidding Documents rnclude lhe Bidding Requirements and the proposed Contract
Documents. The Bidding Requirements consist of: (1)Notice lnviting Bids; (2) lnstructions to Bidders;
and (3) Bid Forms. The proposed Conlract Documents consisl of: (1) the Bidding Requirements; (2)
the Conslruclion Contract &t,veen City and Contraclor; (3) the Conditions of the Contracl (General,
Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the
Specifications; (4 all Addenda issued prior to the execution of lhe Construclion Contract; (8) all
Modificatrons issued alter the execution olthe Construction Contract; and (9)GovemmentalApprovals,
if any, including but not limited to, permits.
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Change Order. A Change Order is a written document prepared by the City reflecting the agreement
between the City and Contractor for: a change in the terms or conditions of the Contract, if anyi a
specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and
the extent of the adjustment, if any, in the Contract Time.
Change order Request (CoR). A Change Order Request is a written document originated by the
Contraclor, which describes an inslruction issued by the City after the effective date of the Contract,
which Contraclor believes to be a scope change that may result in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability of a change in the Wo* proposed by
Contractor.
City or Owner. The City of Vemon, Califomia, acting through its City C.ouncil or other City ofiicials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with
the Pmject.
Construction Change Directive. A Mitten order prepared and signed by the City directing a change in
Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.
Contract Documents. The Conlract Documents are enumerated in the Construction Contract
between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction
Contract; (3) lhe Conditions of the Contrac{ (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the Contracl; (5) the Drawings; (6) the Specificatbns; (7) all Addenda issued prior to the
execulion of the Contract; (8) all Modifications issued after the execution of the Contracl; and (9)
Govemmental Appovals, including, but not limited to, permits. The intent of the Contracl Documents
is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary, and what is requircd by one shall be as
binding as rf required by all; performance by the Contractor shall be required to the extenl mnsistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
Contract. The Contract Documents form lhe Contract for Construction. The Contract Represents
the entire and integrated agreemenl between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
on by a l\,lodification. The Conhact Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documents.
ContEct Sum. The total amount of compensation stated in the Construction Conlract that is payable
lo Contractor for the complete performance ol the Wo* in accordance with the Conlract Documents.
Contract Time. The total number of days sel forth in the Construclion Contact within which
Substantial Completion of the Work must be achieved beginning with the Date of Commencemenl
established in the Notice to Proceed, subject to adjustments in accordance with the terms of the
Contract Documents. The Contracl Time for Contracto/s performance of the Work is measured in
calendar days (not work days).
Contractor. The individual, partnership, lirm, corporation, joint venture or other legal entity with whom
the Contract is made by City, or the agent or legal representative who may be appointed to represent
such individual, partnership, firm, corporation, ioinl venlure or other legal entity in the execution of lhe
Contract as general mntractor for mnstruction of the Work.
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Conection Penod. Corection Period is synonymous with the terms of the mnection guarantee period
used in the Contrrct Documents.
Date of Commencement. The dale 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 othenvise specilically designated in the
Contract Documents. The term 'Work Day" or 'Wo*ing Da/ shall mean any calendar day except
Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows:
1 . January 1st - New Yea/s Day
2. The 3rd Monday in January - Martin Luther Klng, Jr. Day
3. The 3rd Monday in February - Presidents Day
4. March 31st - Cesar Chavez Day
5. The last Monday in May - Memorial Day
6. July 4th - lndependence Day
7. The lirst Monday in September - Labor Day
8. The second Monday in October - Columbus Day
9. November 11th - Veterans Day
10. The 4th Thursday in November - Thanksgiving Day
11. oecember 24th - Christmas Eve
12. December 25th - Chrislmas Day
13. December 31st - New Year's Eve
Director. The Direclor of the Public Works Department ol the City ol Vemon or his/her duly appointed
representative.
Drawings. The Drawings are the graphic and pictorial po(rcns ofthe Contract Documents showing the
design, location, and dimensions of the Work, generally induding plans, elevations, seclions, details,
schedules, and diagrams.
Extra Work. New or unforeseen uork will be classified as EXra Work when determined by the City
that the work is not described in, or reasonably inferable Iom, the Contracl Documents, the work is
not covered by any Bid line item or Allowance, and the wo* causes Contractor to incur addilional
and unforeseen costs.
Field Directive. See, "Work Direclive,"
Final Completion. Final Completion is lhe stage of performance of the Work when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, bul not limited lo, coneciion or completion ol all punch
list items noted by City upon Substantial Completion; (2) Conlractor has delivered to City an
Application for Final Payment and allcloseout documentation required by the Contracl Documents;
and (3) documentation of allfinal Governmental Approvals has been submitted to City including, but
not limited to a linal Certificate of occupancy or equivalent Building Department sign{ff has been
issued covering the entire Prqect site without exception or mnditions.
Force Majeure. 'Force Majeure" includes but is not limited to declared or undeclared war, sabotage,
insunection, riot, or other acts of civil disobedience, labor disputes, lires, explosions, floods,
earthquakes or other acts of God.
Fragnet. The sequence ol new activities that are proposed to be added to an existing schedule.
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Govemmental Approval. Any approval, authonzation, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, stale or
local law, regulation or procedures in oder for Contractor to perform the Work.
Guarantee. Assurance lo City by Conlractor or product manufactuer or other specfied party, as
guarantor, that the specified wananty will be fulfilled by the guaranlor in the event of default by the
wanantor.
Modification. A Modificatron is: (1) a writlen amendment lo Contract signed by bolh parties; (2) a
Change Order; or (3) a Construction Change Directive.
Notice to Proceed. The Notice to Proceed is a dmumenl issued by the City fixing the date for
Commencement for the Work.
Parties, The City and Contractor may be refened to in the Contract Documents from time to time as
lhe Parties.
Permit Fees. IOPTION #2] Govemmenlal Approvals and Utility Fees as required by any agency to be
paid by the City of Vemon.
lntentionally Omitted.
Project. The Project is the total construction of which the Work perlormed under the Contract
Documents may be the whole or a part and which may include mnstruclion by lhe City or by separate
contractors.
Projecl Manual/Conlract Package. The volumes of Contract Documents and relerence documents
assembled for the Work made available to Bidders.
Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other modificalions lo the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection repons, lest results, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set of "As-Built' Drawings
and Speciflcations, which shall be continuously updated during the prosecution of the Work.
The physical area designated in the Contract Documents for Contracto/s performance of the
Specilications. The Specificalions are the volume(s) assembled for the Work that includes, without
limilation, the Bidding Documents, the Construction Contracl and Exhibits, the General Conditions,
Supplementary and/or Special Conditions, il any, the "GREENBOOK STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for
Public Works Construction (2009 Edition), State of Califomia, Department ol Transporlalion
Standard Plans and Standard Specifications (2010 Edition), and the City of Vemon Standard Plans.
Specifications. The Specifications are that po(ion of the Contract Documents consisting of lhe
written requirements for matenals, equipment, systems, standards, and workmanship for the Work
and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, if any, and any applicable Trade Association Speciflcations.
Subslantial Completion. Substantial Complelion is defined to mean the stage in the progress ofthe
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 Conlract Documents.
PP. Unilateral 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 distribution of cable television, eleclric
po'iver, telephone, water, gas, oil, pelroleum, sleam, chemicals, sewage, storm water or similar
commodity induding, but not limited to fees for temprary utrlities and refuse hauling.
RR. Wananty. Assurance to City by conlractor, installer, supplier, manufacturer or other party responsible
as wanantor, for the quantrty, quality, perfomance and oher representations of a produc{, system
service of the Work.
SS. Work. The term 'Work' means the construction and other services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractois obligations. The Work may constitute the whole or a part of the Prqect.
TT. Work Directive. A Work Directive is a unilateral written order issued by lhe City directing Contraclor
to continue perlormance ofthe Work or to perform a disputed change in the Work prior to agreement
or adiustment, if any, in the Contract Sum, Contracl Time, or both.
1.02 REPRESENTATIVES
A The Director shall be the represenlative of the Crty and, except as otherwise expressly provided
herein, shall make all decisions and interpretations to be made by the City under the povisions of the
Contract Dodmenls,
B. The Contractor shall at all times be repres€nted on the Work in person or by a duly designated agent.
lnstructions and information given by the Direclor to the Contracto/s agenl on lhe Work shall be
considered as having been given to the Contractor,
1.03 PERI/ITS. INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND
UTILITIES
A
City of Vemon shall obtain all Govemmenlal Approvals and Utility Fees required for the onstruction of
the projec{.
B.
Contractor shall obtain a nofee encroadment permit from the City of Vemon's Public Work, Water
and Development Services Department.
C. All documents evidenong Contraclo/s salisfaction with all Govemmental Approvals and Utility Fees
must be submitled to the City pnor to submission ofthe Application for Final Payment.
D. Where requirements of the Governmenlal Approvals differ from those ol the Drawings and
Specifications, the more stringent requirements shall apply.
E,
1,04 LICENSES
The Contraclor shall apply for, obtain, and pay for all licenses required by goveming aulhorities for the Work.
Contractor shall apply and pay for a City of Vemon business license.
1.05 ALLOWANCES
A. Contractor shall indude in the Contract Sum and Schedule of Values for Payment, the C[y's estimated
msl established for each Work rtem covered by an Allowance stated in the Contracl Documents. See
Paragraph 1.0'l for definition ol Allowance.
B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost
to Contretor of: all matedals and equipment, preparation of submittals; labor; transportation; delivery;
handling; installation; supervrsion; overhead; profit; licenses; bonds; insurance; allsales, use and olher
taxes legally chargeable; and allother msts and expenses ircilentalto such Work.
C. Work items covered by Allowances shall be supplied with such matenals and equipmenl and for such
prices approved in advance by City. Contractor shall notify and request Crt/s appoval of material
equipment, and pricing information for Work covered by an Allowance before ordering lhe material or
equipment and in sufficient time to avoid delay lo the Work. City shall provide approval ol materials,
equipment, and prices with reaonable promptness. The material, equipment, and pricing information
submitled by the Contractor to the City's Pmject Manager shall, at a minimum, include produc{ data
and delailed msts of material, equipment, and laborto comdete such Work, itemized by msls incuned
by Conlraclor and each subcontmctor associated with lhe perlormance of sudr Work. Conlractor shall
not order materials or equipment or proceed wilh Work covered by an Allowance unlil the material,
equipment, and pricing information for such Work items have been submitted lo lhe Citys Project
Representative for revrew and the Conlraclor has received City's appoval to proceed with a Work item
coveed by an Allowance.
D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment.
E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cosl
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Direclive to reflec1 the actual cost of the Allowance item. Similady, to the extent the cost of
Work items mvered by an Allowance is greater than the Allowance msl estimate, the Contracl Sum
shall be inoeased by Change Order or Construction Change Direclive to reflecl the actual mst of the
Allowance item. lf Work ilems covered by an Allowance are nol performd or the City deletes such
items from the Scope ol Work, lhe Contract Sum shall be reduced by Change Order or Construclion
Change Directive to deduct lhe Cost of the unused Allowance item.
WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documenls shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or mndition
contained therein, whether of the same or a different charac{er.
DATATO BE FURNISHED BY THE CONTMCTOR
The Contractor shall fumish the Direclor with such information as the Direclor may desire respecting the
draracter of the materials and the progress and manner of he Work, including all information necessary to
delermine the Contracto/s costs, such as the number of persons employed, their pay, the time during which
they rvorked on the various classes of conslruction, and other pertinent data.
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1.07
1.12 REPORTS
A. Daily Construction Reports: The Contraclor shall prepare a daily onslruction report recording the
following information conceming events at Poject site:
1. List of Subcontractors at Project site.2. List of other mntractors at Project sile.3. Approximate count of personnel at Project site.4. Equipment at Project site.5. Material deliveries.6. High and low temperatures and general weather conditions, including presence of rain or
snow.7. Accidenls.8. Meetings and signilicant decisions.9. Unusualevents,10, Sloppages, delays, shorlages, and losses.11. Meter readings and similar recordings.12. Emergencyprocedures.13. Orders and requesls ot authorilies 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 starlups,18. Partial completions and occupancies.19. SubstantialCompletionsauthorized.20. List of visitoG to Project Site.21. List of personnel at Poect Site including names and job dassifications.22. Description of Work for the day including locations, quantities and related bid items.
lmmediately upon discovery of a drfference between field conditions and the Contract Documents, the
Conlractor shall prepare and submit a detailed report through a Request for lnformation (RFl). lnclude a
detailed descriplion of the differing conditions, together with recommendalions for a remedy.
The Daily Construction Report must be: signed by Contraclo/s Superintendent, submitted within 24 hours
(nexl Working Day) to the Director, and shall be made available to others as directed by City.
1.13 LINES, GRADES, AND MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contraclors shall carefully preserve all
survey stakes and reference points as far as possible, Should any stakes or pints be removed or
destroyed unnecessarily by any act ol tle Contraclor or his/her employees, they must be reset to the
satisfaction of the Director, at the Contraclo/s expense.
B. The Contraclor shall inform the Directoftl8 hours (two Work Days) in advance of the times and places
at which hdshe intends to Work in order thal inspec{ion may be povided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to the Contraclor o, any of the Work or delay occasioned
by giving lines and grades, by making other necessary measurements, or by inspection.
114 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the Work to be construcled under this
Contrel will be provid,ed by the City.
B. The City will provide he appropriate rEhts of way and poperty for pipelines and structures. Upon
approval by the Direclor, the Contraclor may, without cost, use portions of any of the Citys rights ol
way or poperty which may be suitable for working space and for storage of equipmenl and
materials. The Contraclor will be held responsible for any damage to structures, streets, and roads,
lrees and landsc€ping, and for any damage that may result from his/her use of City propeny.
C, ln case areas additional to lhose available on the Cit/s dghls of way or property are required by the
Contractor for his/her operations, hdshe shall make anangenpnts with ttrc property oumers for the use
of such additional areas at hisiher own expnse.
CONTMCTORS OPEMTIONS/STOMGE YARD
ln the event the Conlraclor requires space for the slorage and/or staging of construction matedals, supplies,
equipment, stockpiling ofdebris, orany other needs required for consuuction operations, he/she shallacquire at
his/her own expense such areas as he/she may desire. For proprties within the City of Vemon, he staging
area musl be endosed al Conlracto/s expense with construclion fencing covered with a mesh screen to limil
visibility to the site. ftivate property used for storage of constuction matedal or debris shall be reslored to a legal
mndition with regard to appearance and maintenance upon conclusion of the projecl. Poperty should be graded
and lree of weeds and debris when project is completed.
IEND OF ARTTCLEI
ARTICLE 2 - PERFORMANCE OF THE WORK
PERFORMANCE OF WORK - GENEML
Conlraclor shall, at its own cost and expense, fumish all necessary materials, labor, transportation, and
equipment for doing and perlorming said Work and the materials used shallcomply with the requirements of the
Conlracl Documents. All Work shall be performed and completed as required in the Contracl Documents, and
subiect to the approval of the Direclor, or his/her designated assistant.
NO ASSIGNMENT OR DELEGATION
Contraclor shall not assign or delegate the duties or obligations under this Contract or his/her interest lherein in
whole or in part without the prior Mitlen consent of lhe City wtrich may be withheld at the Citys sole discretion.
STANDARD OF PERFORMANCE
Contraclor agrees thal all services perlormed hereunder shall be provided in a manner comrnensurate wlh the
highest professional standards and shall be performed by qualffied and expenenced personnel; that any Work
performed by Contractor under the Contract will be perrormed in the besl manner; lhal any material fumished
shall be subject to the approval of the Direclor; and that both Wort and materials will meet fully the requirements
of the Contracl Documents. Any vork deemed unacceptable by the Direclor, whether a cause is determined or
not shall be repaired or replaced by Contractor at Contracto/s expense.
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2.06
The Contractor shall be responsible for the final product and shall make any quality control, adjustmenls and
conections necessary to oblain the final product accepted by lhe City Engineer. The Contractor shall perlorm
process and quality mntrol sampling and testing and exercise management control the work of his/her
subcontractors, technicians and workers to ensure that the milling, transpo(ing, recycling, spreading,
compaction, and linishing processes conlorm to these Specifications. The proficiency oftesting laboratories
and sampling and tesling personnel shall be reviewed and approved by the City Engineer prior to providlng
seryices to the project. The City Engineer shall have unrestncted access to the laboratory, sampling, testtng
sites, and all information resulting from mix design and quality mntrol activities. All Quality Conlrol testing
results shall be submitted to the City Engineer on a daily basis.
DEFECTIVE WORK
Within the time periods lhallhe City specmes, lhe Contractor shallmnecl alldelicient, impmperly executed, or
unsalisfaclory Work determined by the City.
The Contractor shall remove and shall repair or replace, at his/her own expense any parl of the Work that is
deficient, improperly executed, or unsatisfactorily execuled, even lhough it has been included in the monthly
estimates. ll he/she refuses or neglects to remove, repair, or replace such defeclive Work, pior lo the Citys
acceptance of the Work, it may be replaced by the City al the expense of lhe Conlractor, plus '15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15forcuring defecls after acceptance
of the Work.)
CIW'S RIGHT TO CARRY OUT THE WORK
A. Notwilhstanding other emedies available to the Crty, il the Contractor defaults, fails to perform Worft
required by the Contracl Documents, or otheMse neglecls to carry out the Work in accordance with
the Contract Documents and fails within a 48 hour period after receipt of Mitten nolice from the City lo
@mmence and conect such default, failure to perform, or neglect with diligence and promptness, the
City, al ils sole discretion and wlhout obligation, may, with ib own or outside forces, perform the Work
Contractor has failed lo 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
thereafrer due to the Conlraclor the cost of comdetion, replacemenl or conection of such deficiencies,
including compensation for additional services by the City's prqect management staff, the Architecl,
and their respeclive consultants made necessary by such default, failure to perform, or neglect, plus
150/o for City's overhead expenses. lf payments then or thereafter due the Contractor are not sufficlenl
to cover such amounts, the Contrac{or shall pay the drfference to the City immediately. This remedy is
cumulative.
B. The City also has the right, but not the obligatron, to self-perform orhaveoutside forces perform portions
of lhe Work previously assigned to Conlractor. ln such case a Change Order or Construclion Change
Directive shall be issued, reduong lhe Contrac{ Sum by the Unil Price(s) applicable to such deleted
Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing sudr
deleted Work and the Allowable Mark-Up applicable to sudr deleted Worft.
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, retum receipt requesled, (c) sent by a recognized ovemight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication tollowed by a hard copy and
with receipt mnfirmed by telephone, to the lollowing addresses (or to such other address as may
from time lo lime be specilied in w ting by such Person):
D
All correspondence with Contractor shall be sent to the following address:
Attention:
Phone:
Facsimile:
All communicalions shall be copied to City and shall be delivered to City's Director at the address
set forth below, with copies to such additional persons as may be directed by City's Director.
City ol Vemon
Public Works Department
4305 Santa Fe Avenue
Vemon, CA 90058
Attention: VinceRodriouez
Phone: (323) 583-8811 ext.220
Facsimile:
E-mail: vrodnguez@ci.vernon.ca.us
Notices shall be deemed received when actually received in the oflice ol 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 camer or other Person making the delivery. Notwithstanding the foregoing,
notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices received after 5:00 p.m. shall be deemed received on the first business day following
delivery (that is, in order for a fax to be deemed received on the same day, at least the ,irst page of
the fax must have been received before 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contractois Project Manager and technical
representatives designated by Cily. Contracto/s representatives shall be available at all
reasonable times for mnsultalion, and shall be authorized to act on behalf of Contractor in matters
conceming the Work.
Contractor shall copy City on all writlen conespondenc€ perlaining to the Contract between
Contractor and any Person other than Contractor's Subcontractors, consultants and attomeys.
Notification of Affected Residents/Businesses - The Contractor shall be responsible for distribution of
the general informalion letter of the poect 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 dkectly affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropnate
residences and buildings in the subject area. Dislribution shall be accomplished in a manner
acceptable to the City Engineer and shall be five (5)working days priorto the beginning ofconstruction
operations in the immediate vicinity, ln addilion to the above, the Conlraclor shall be fully responsible
for such other notifications as may be required related to necessary closures of streets, alleys,
driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restnctions required in lhe performance ol any work under this
contract preclude any resident, tenant, or property owner from utilizing the premises or conducting
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business thereon in a reasonable and customary manner.
Additional notilication to the affected businesses and residents shall be prepared by the City and
distributed by the Conhactor for roadway and driveway closures five (5) working days in advance of
any construclion t/'/o*. No removal or excavatron work is allowed until the additional notrfication has
been distributed to the affected residents and businesses.
lf a Contractor is unable to adhere lo his schedule as indicated on his written notificatron, then all the
affected residents and places of business shall be re-notified of the revised schedule, in writing, as
indicated above.
Contractor msts for all of the above notifications shall be considered as included in the appropriate
items of the Bid Proposal.
Notilication of Utilities - The provisions of Seclion 5 entitled 'Utilities" of the "Greenbook" Standard
Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern
Califomia (U.S.A.) at least two working days in advance of the construction work
INDEPENDENT CONTRACTOR
The Contraclor in the performance of the Work hereunder wrll be acting in an independent capacity and not
as an agent, employee, parlner, or joint venture of the City.
EI\4ERGENCY WORK
Dunng Working Hours:
ln case of an emergency which threatens loss or injury ol property, and/or safety of life during r,rorking
hours, the Contraclor shall act, without previous instruclions from the City, as the situation may
wananl. He/she shall notifo the Director of the emergency and the aclion taken immediately
thereafler, Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work.
Outside of Working Hours:
Whenever, in the opinion ol the City, there shall arise outside ol lhe regular Working hours on lhe
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, the Contractor shall act, without previous instructions from the City as the situation may
wanant. He/she shall notify the Director of the emergency and lhe action laken immedialely
thereafter, Any compensation claimed by the Contraclor, together with subslantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency,
Compensation, if allowed, will be paid for as Extra Work. ln the event the Contractor is not able to
respond to an emergency outside of regular working hours, the Cit/s forces will handle such
emergency Work. lf such emergency arises out of or is the result of operations by the Contraclor, the
mst of the conectrve measures will be billed to the Contraclor and deducled from his/her payment as
povided in the Contract Documents. The performance of emergency Work by City forces wrll not
relieve the Contraclor ofany of his/her responsibilities, obligations, or liabilitres under the Contract.
SUBCONTMCTORS
Each subcontract shall contain a reference to the Contract between the City and the principal
Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
B
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insofar as applicable to the Wo* mvered thereby. lf, in the Director's opinion, the Subcontractor fails
to comply with the requiremenb of the pnncipal Contract insofar as the same may be applicable to the
Subcontraclo/s Work, the Director may disqualify the Subcontractor.
B. Nothing mntained in these Contracl Doojments shall be construed as creating any mntractual
relalionship bett reen any Subcontraclor and the City.
C. The Contrac{or shall be considered the employer of the Subcontrac{ors and shall be fully responsible
to the City for the acts and omissions of Submnkactors and of persons employed by them as the
Contractor is for the acts and omissions of persons directly employed by him/her.
D, The Contractor shall be responsible for the mordination of the trades, Subconlraclors, and material
suppliers engaged upon the Work. lt shall be the Contracto/s duty to see that all of his/her
Subcontraclors mmmence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Wo* or materials; and that all damage caused by lhem or their
lrcrkers is made good at higher expense.
E. The City will nol undertake to settle differences between the Contractor and hisiher Subcontractors or
between subcontractors,
F. The Contmclor shall r.rtilize fre services of speciatty Subcontrac{ors, without addilional expense to the
City, on those parts of the Wo* which are specified to be performed by specialty contractors.
USE OF FACILITIES PRIOR TO COMPLEIION OF CONTMCT
A. Whenever in the opinion of the Director any Work under the Conlract, or any portion(s) thereof, is in a
mndition suitable for use by the City, the City may, alter written nolice and designation from the
Director to the Contractor, use (which indudes, but is not limited to, laking over or placing into
service) any prtion(s) designated by the Director.
B. The use of any portion(s) by the City shall not be mnstrud as, and will not constitute acceptance in
any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any
wananty and/or guarantee penods.
C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used,
not due lo ordinary t €ar and tear, but due to defective materials or \,rcrkmanship, the operations of
the Contraclor, or any olher cause, shall be made at the expense of the Contractor.
D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities
or liabilitjes under the Contracl nor constitute a waiver by the City of any of the condilions thereof.
Said use shall not cancel liquidated damages as of lhe first date of use, or any continuance thereof,
nor impair, reduce, or dlange the amount of liquidated damages.
COOPEMTION WITH OTHER WORK FORCES
A. The City reserves the right lo perform other Work at or near the site at any time by the use of its own
forces or other mntractoIs.
B. Other conkaclors, olher utilities and public agencies or theh contmctors, other City contraclors, and
City personnel may be working in the vicinity during the project mnstruction period. There may be
some interference betr,veen these actrvities and the Work under the Contract Documents. The
Contractor shall moperate and mordinale his/her Work with that of other Work for@s to assue
timely Contract completion.
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2.12
213
214
AGREEMENTS WITH PROPERTY OWNERS
Agreements with property owneni for storing excavated material, stonng any other materials, or for any olher
purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her
information. All storage charges shall be al the Contraclo/s sole expense.
PROTECTION OF PROPERTY
All public and private property, pavement or impmvement, shall be safely guarded from damage or loss in
mnnection with this Contret by lhe Contractor at alltrmes. Should any facility, structure, or pmperty be damaged
during operations of the Contractor, hdshe shall immediately nofiry the property owners or authorities. All
damages and losses incued shall be paid by the Contractor.
CONTMCTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Excepl as othenrvise pmvided in the Contret Documents and except as to the cost of repair or
restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on account of the amount or character of the Work, or from any unforeseen
obstruclions or diffiq.,lties whidl may be encountercd, or from any encumbrances on the line of the
Work, or because the nature of the ground in or on which the Work is done is different ftom what is
assumed. The Contractor shall bear the risk for any City equipment, matenal, or supplies with which
he/she has been entrusted.
B. Materials and Facilities
The Contractor shall be responsible for materials and facilrties as hereinafter povided and in the
event ol his/her failure to carry out said responsibilities, the same may be canied out by the City at the
expense of the contraclor:
1 . The Contractor shall be respnsible 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 losl materials and repair damaged parts of the Work.
2, The Contractor shall protect City facilities ftom damage resutling from hidher Work. City
facilities damaged by, or as a result ol the Contraclor's Work under this Contret shall be
repaired or replaced, as directed by the Director, at the ConlBcto/s expense.
3. The Contractor shall remove from the vicinity of the comdeted Work all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction during construction. lf Contractor fails to comdetely remove such items within a
reasonable time the City may do so at the Contracto/s expense.
C. Laws and Regulations
1. The Contractor shall obey all laws, ordinances, and regulations in any manner alfecting those
engaged or employed on the Wo*, or the materials used in the Work, or in any way affecting
the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority
over the same. lf any discrepancy or inconsislency should be discovered in this Contract, or in
the Drawngs or Specifications herein refened to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in wriling to the Director.
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2, Contractor shall, at all times, cause all his/her agents and employees to observe and comply unth
all such apdicable lau,s, ordinances, regulations, orders, and decrees in eflect or whict may
become efieclive belore Final Completion of this Contract.
3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws,
ordinances, and regulations. lf the Contractor ascertains at any time that any requirement of this
Contracl is at variance with such applicable law Equirement, he/she shall immedialely noti{y the
Direc{or.
4. lf such applicable law requirement was not in efiect on the date of submission of bids, any
necessary adjustment of the Contracl price shall be made as provided in Article 6 herein. lf such
applicable law requirement was in efiecl on said date of bid submission, no adjustment of Contract
price will be considered,
5. The Conlraclor, at his/her own expense, shall pay all taxes properly assessed against his/her
equipment, malerials, or pmperty used or required in conneclion with the Work.
WARMNTY AND CORRECTIONS
A. Wananty1. Wafiantv. The ContBctor wanants to the City that: (i) materials and equipmenl fumished
under the Contracl will be of gmd quality and new unless otherwise required or permitted by
the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the
Wort wll onform to the requirements of the Contract Documents; and (iv) Contrac{or will
deliver the Pmject free of stop nolice claims. Work nol conforming lo lhese requirements,
including substitutions not accepted by the City, will be deemed defective. The Contraclor's
wananty exdudes improper or insuffioenl maintenance, improper operation, or normal wear
and lear and normal usage. It required by lhe City, lhe Contractor shall fumish satisfactory
evidence as lo the kind and quality of materials and equipment. This wananty is not limrted
by the conection obligation of Paragraph 2.04 herein.
2. Ovqtao. Where any wananties pmvided under the Contract oocuments overlap, mnflict, or
are duplicative, Contractor will be bound by the more stringent requirements.
3. Pt&urenent d Assionment ol Wananties: Contraclor shall oblain in lhe name ol City, or
transfer or assign to City or Cty's designee prior to the time of Final Completion of the Work,
any and all warmnties or guarantees which Contraclor is rEuired lo obtain pursuant to the
contrac{ Documents and which Contractor obtained ftom any olher person or entfiy other than
Contractor including, but nol Iimiled to, Subcontractors and manufacturers, and further agrees
lo perlorm the Work in such a manner so as to preserve any and all such wananties.
Contractor shall secure Mitten wananties ftom all Subcontractoc. Contractor and ils
Subcontraclors shall offer any waranty upgrades or extensions that are offered by
mandaclurers of any equipment or system installed in the Work to the City. Contractor shall
deliver to City allwananty and guaranlee documents and polioes.
4. SuNivd of Wafianti$: The provisions of lhis paragraph 2.15 will survive Contractor's
completion of the Work or terminalion of Contracto/s performance of the Work.
Conection of Work
1. Befue u Afrer Final bnoletion The Contractor shall promptly mrect Work relected by
the City or City's designee, as failing to conform to the requirements of the Contracl
Documents, whether discoveEd before or after Final Completion and whether or not
fabdcated, installed, or mmpleted. Costs of conecling such reiecled Work, including
additional testing, inspections, and compensation for the City's services and expenses
made necessary thereby, will be at the Contracto/s expense within the Contract Price.
2. After Final bnoldion.
(a) ln addition to the Contraclo/s wananty obligations under Paragraph 2.'15-A, if,
within one (1) year after the date of Final Completion of the Work or within the time
penod established by any applicable special wananty required by the Contract
Documents, any of the Work is found to be not in ecordance with the
requirements of the Contract Documenls, the Contractor shall mmmence
coneclion or replacement of such Work within fortyeight (48) hours after receipt
of written notice from the City to do so. The Contractor shall perform such
conective work without charge or cost to the City after Final Completion ol the
Work. The City shall give sudr notice promptly afrer discovery of the condition.
(b) ll the Contractor fails to @mmence correction or replacement ol nononlorming
Work within forty€ight (48) hours after cceipt of wrinen notice, the City will
proceed to have defec{s 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 charge such costs against any
payment due Contraclor. lf, in the opinion of the City, defective work creates a
dangerous or hazardous condilion or requires immediaie conection or attention to
prevent furlher loss to the City or to prevent interuption of operations of the City,
the City may take immediate action, give notice, make such conection, or provide
such attention and the cost of such conection or attention will be charged against
the Contractor. Such action by the Cily will nol relieve lhe Crnlractor of the
wananties provided in this Article or elsewhere in the Contract Documents.
3. Reola@ment ot Removalof Deletive ot Unauthoized Wotk. The Conkactor shall remove
from the Site and replace those portions of lhe Work which are nol in acmrdance with the
requirements of the Contract Documents in a manner acceptable to and as ordered by the
Director, No compensation shall be allo$,ed for such removal or replacement, Director
shall have authonty to cause defective work to be remedied, removed or replaced and to
deduct the costs Irom monies due or to become due to the Contractor.
4. Destrudion or Damaqe. ln the event the Contraclor destmys or damages any construction
of the City or another contraclor while mnecting or removing Work which is nol in
accordance with the requirements of these Contracl Documents, the Conlractor shall bear
the cost of repairing or reconstructing that other construction as well.
5. No Limitatim. Nothing contained in Paragraph 2.1!B will be mnslrued to establish a
period of limitation with respect to other obligations which the Contractor might have under
lhe Contract Documents. Eslablishment of the one-year period for correction of Work as
described in Paragraph 2.15-8 relates only to the specific obligation ol the Contractor to
correct the Work, and has no relalionship to the limitations periods eslablished by statute
for any construclion defect or other causes of aclion.
CLEANING AND ENVIRONMENTAL CONTROLS
The Contractor, Subcontractors and emdoyees shall comply wilh all litter and pollution laws and il shall be the
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responsibility of the Contraclor to ensure compliance. The Coniractor shall do all of the following:
A. Mainlain the Site free of waste materials, debris, and rubbish and in a dean and ordedy condition;
and Remove waste materials, debns and rubbish from site and dispose off-site legally.
B. The Contractor shall maintain at his/her disposal any and all equipment necessary lo prevent and
remediate any sanitary sewer overflow arising out ofthe Work. The Contraclor shallfumish and operate
a setf-loading motor s\,!,eeper with spray nozzles, as directed by the Director, to mainlain the affecled
areas in a condition of cleanliness acceptable to the City at all locations affected by the Contrac{o/s
operalions. For purposes of this Paragraph, the affected areas include the projecl Site as rr,rell as all
haul routes to and from lhe proiect Site and all areas of construclion and restoration which have not
been completed.
C. The Contraclor shalllake appropriate aclion to ensure that no dust originates from the poect Site.
D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, slorm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that
if introduced to water could be deletenous to aquatic lrfe,
E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or mncrete or washings thereof, oil or
petroleum poducts orolher organic orearthen materialfrom any mnstruction, or associated activity or
whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runoff into waters of the State. When opections are completed, any excess matenals or debris shall
be removed from the Work area.
WATER POLLUTION CONTROL
A. The Contractor shall meet all applicable City of Vemon, state and federal clean water laws, rules and
regulalions including but not limited lo all conditions set foft in the Vemon Municipal Code Chapter
21, Article 5 regarding stormwater and urban runoff controls as it relales to public agency activities
including, but not limited lo storm and/or sanitary sewer system inspection and repair, streel
sweeping, trash pick-up and disposal, and street and right{f-way construction and repair are
required to implement and mainlain lhe activity specific Best Management Practices (BMPs) listed
in Table 2-'l below in mmpliance with the National Pollutant Discharge Elimination System (NPDES)
requirements. Contractor shall not discharge any water containing trash, debns, pollutants, fuels,
oils, soaps or olher non-allowable mnstituents lrom its sweeping vehicles upon any city streel, lo
any storm drain or any non-permitted outlel. As parl of its submission, contraclor shall describe its
methods for preventing NPDES violations during sweeping operations within the City. In addition,
Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and
company facilities. Failure to comply with this section may result in termination for cause by the City
of any conlract resulting from this solicitalion.
Table 2-1. BMPs for Public &ency Facilities and Aclivities
General and Activity Specifc BMPs
GeneralBl\.4Ps
Schedulinq and Planninq
Spill Prevention and Control
Sanitary/SepticWaste Manaqement
MaterialUse
SaferAlternative Products
Vehicle/Equipment Cleaning, Fueling and l\,laintenance
lllicit Connection Detection, Reporting and Removal
llleqal Spill Discharge Control
Llaintenance Facihty Housekeepinq Practices
Flexible Pavement
Asphalt Cement Crack and Joint Grindinq/ Sealing
AsphaltPaving
Structural Pavement Failure (Digouts) Pavement Grinding and Paving
Emerq€ncy Pothole Repairs
Sealing 0perations
Rigid Pavemenl
Pordand Cement Crack and Joint Sealing
Mudiacking and 0rillinq
Concrete Slab and Spall Repair
Slope/Drainsly'egetation
ShoulderGradinq
Nonlandscaped Chemical Vegetation Control
Nonlandscaped Medranical Veqetation Control/l\.lowinq
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
Fence Repair
Drain4e Ditd and Channel Maintenance
Drain and Culvert Maintenance
Curb and Sidewalk Repair
Litler/ Debris/ Grafllti
S\aieeping Operations
Litter and oebris Removal
Emergency Response and Cleanup Pradices
GraffitiRemoval
Landscaping
Chemical Vegetation Control
Manual Vegetation Control
Landscaped l!!echanical Vegetation Control/ Mowing
Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal
lrrigation Line Repairs
lrrigation (Watering), Potable and Nonpotable
Environmental
Storm Drain Stenciling
Roadside Slope lnspection
Roadside Stabilization
Stormwater Treatment Devices
Traction Sand Trap oevices
Bridges
Welding and Grinding
Sandblasbng, Wet Blast with Sand lniection and Hydroblasting
Painting
Bridge Repairs
otherStructures
Pump Station Cleaning
Tube and Tunnel Maintenance and Repair
TowTruck Operations
Toll Booh Lane Scrubbing Operations
Eleckical Sa\,'/cutting for Loop lnstallation
TratficGuidance
Thermoplastic Striping and Markin g
Paint Striping and Marking
Raised/ Recessed Pavement Marfter Application and Removal
Sign Repairand Maintenance
Median Barier and Guard Rail Repair
Emergency Vehicle Energy Attenuation Repair
Storm i.4aintenance i,4inor Slides and Slipouts Cleanup/ Repair
i.4anagement and Supporl
Building and Grounds Maintenance
Storage ol Hazardous l\,laterials (Working Stock)
Material Storage Control (Hazardous Waste)
outdoor Storage ol Raw i/aterials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill Conlrol
B Water Quality Protection Requirements Ior Construction Projects with Less than One (1) Acre of
Disturbed Soil.
Allconstruction prqects, regardless ofsize, will be required to implement besl management practices
(Bl\4Ps) necessary to reduce pollutants to lhe Maximum Extent Practicable (l\,lEP) to meet the
minimum water quality protection requirements and implement all applicable set of BMPs as defined
in T able 2-2.
lable 2-2
Minimum Waler Quality Protection Requirements and Applicable Sel of BMPs for All Construction Poects
Category Minimum Requirements BMPs
1. Sediment Control Sediments generated on the project site shall be retained
using adequate Treatment Conholor Structural BMPs,
Sediment Control
Non-Stormwater
Management, Waste
l/anagement and
Malerials Pollution
Control
Construction-relaled materials, wastes, spills or residues
shall be retained at the proiecl sile to avoid discharge to
streets, drainage lacilities, receiving waters, or adjacent
properties by wind or runoff.
Non-storm water runoff from equipmenl and vehicle washing
and anv other activity shall be mntained at the Droiect sites.
Stormwater
l\,lanagement; Waste
[.4anagement
3. Erosion Control Erosion fmm slopes and channels shall be mntrolled by
implementing an effeclive combination of BMPS, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of veqetation on sloDesi and coverinq erosion
Erosion Control
susceptible slopes.
Please refer to the Califomia Stormwater Quality Association's Construction Handbook (available on their website:
www.cabmohandbooks.com) for further information regarding the BMPs listed in Table 2-2.
All construction projects with Less than One (1)Acre of Disturbed Soil shall submit to the City a
signed Statement of lntent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit
5).
The Contractor may selfcrtify that the follor,r/ing training was completed on an annual basis pmviding they
certify they have received all applicable training:
o The Contractor shall train all of their employees in targeted positions (whose
interactions, jobs, and activities affect stormwater quality) on the requirements of
ihe overall stormwater management program.
o When the Work includes the use or have the potential to use pesticides orfertilizers,
the Contractor shall train all of their employees (whether or not they normally apply
pesticides or fertilizers as part of their work). Training programs shall address:
1) The potential for pesticide-related surface water toxicity
2) Proper use, handling, and disposal of pesticides
3) Least toxic methods of pest prevention and control, including lntegrated Pest
Management
4) Reduction of pesiicide use
C. Water Quality Proleclion Requirements for Construclion Projects wilh one ('1) Acre (or greater) of
Disturbed Soil. ln addition to the minimum BMPS required in Paragraphs A and B, all conslruction
poects where at least one (1) acre of soil will be disturbed, construction activity that results in land
surface disturbances of less than one acre ifthe mtivity is partofa largercommon plan ofdevelopment,
or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm
Water General Permit (200900@DWQ Permil).
Prior lo commencement of conslruction activities, the Permit Registralion Documents (PRDS) must be
submitled electronically in the Storm Waler Multi-Application Report Tracking System (SMARTS)( ). PRDS consist of the Notice
of lntent, Risk Assessmenl, Post-Construction Calculations, a Site Map, the Storm Water Pollution
Preventlon Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP),
and the ,irsl annualfee.
See: r more
information. A Waste DischaEer ldentification (WDID)will be emailed to lhe LRP after the PRDS have
been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued
by the State Water Resources Control Board. Contraclor shall bear the costs of any delays to the
Project caused by a delay in obtaining its WDID.
The SWPPP shall include:
D.
1. The name, location, period of construction, and a brief description of the project;
2. Contact information for the owner and conlractor;3. The building permit numberfor the project;
4. The grading permit number for lhe project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;6. A list of best management practices to be used lo mnlrol pollutant discharges from major
construction materials, wastes, and aclivities;
7. A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropnate;8, Non-storm water discharges, their locations, and the BMPS necessary to prevent the
discharge;L A maintenance and setf-inspection schedule ol the BMPS to determine the effectiveness
and necessary repairs ol the BMPs; and
10. A cerlification statement that all required and selected BMPs will be effectively
implemented.
Within seven (7) days afler lhe City awards the Contract, the Contraclor shall submit seven (7) mpies
of the proposed SWPPP to lhe Cily. The City shallreview the SWPPP within l4daysof receipt of the
plan, lf revrsions are required, the Conlraclor shall revise and r+submit the dooJment within seven (7)
days of its receipt of the Crty's mmmenls. The City shall then have seven (7) days to consider the
revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project srte. The SWPPP shall be made available upon request of a represenlalive of the Los
Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Potection
Agency (U,S. EPA). Requests by environmental groups and the public shall be directed to the City.
Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect
the quality of storm water discha€e associated with mnstruction activities. The plan will describe
and ensure lhe implementation of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the mnstruction site. A Best l\,lanagement
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The ftntractor shall selecl appropriate
BMPs from the Califomia Stormwater BMP Handbook, Municipal, lndustrial, New Development,
and Construction Volumes (!!vE.ce!mp!e!d!9e!9.c9!d in conjunctron with all activities and
construction operalions. Copies of the California Stormwater BMP Handbooks may be obtained
from:
CalifomiaStormwaterQualityAssocialion Cashier
P.O. Box 2313
Livermore, CA 94551
www.cabmphandbooks.com
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel No. (626)458-6959
lmplementation
The Contraclor will be responsible throughout the duration of the Projecl 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 condilions, contracto/s activities, or construction operations.
E
F
H
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soiliisturbed areas of lhe project site before the onset of precipitation
and shall maintain a detailed plan for the mobilization of suflicient labor and equipment to lully
deploy these control measures.
Throughout the winter season, active soil{isturbed areas of lhe prqect sile shall be fully protected
at the end of each day with these conlrol measures unless fair weather is predicted through the
following day, The Contractor shall monitor daily weather forecasts. lf precipitation is predicted
prior to the end of the following workday, construc{ion scheduling shall be modified, as required,
and the Contractor shall deploy functioning control measures pnor to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to mnform tothe requirements ofthis Paragraph 2.17. Unless otherwise directed
by the City, the Contractoas responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Wo*.
Sewage Spill Prevention. The Contractor's attention is direcled to lhe sewer bypass operation
required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard
Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently
amended.
The Contraclor shall exercise extraordinary care to prevent the cause of evenls that may lead to a
sewage spill. ln the evenl of a sewage spill, the Contractor shall make arrangements for an
emergency response unit comprised ol emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contractor shall be fully responsible for prevenling and mntaining sewage spills as well as
recovenng and properly dispsing of raw sewage. ln addilion, lhe 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 immedialely repaired al the Contractods expense. The
Contractor shall take all measures nec€ssary to prevenl further damage or service inlenuption and
to contain and clean up the sewage spills.
Sewage Spill Telephone Notification
Should a sewage spilloccur, the Conlraclor shall immediately report the incident to bolh of these two
City Departments:
Sewer Maintenance Services Citv of Vernon Control Center
(323) 82&1461
Fire Depa(ment Dispalch Gnter 911
Contractor is encouraged to obtain lelephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Poecl Managers and lnspectors. However, rf these City
representatives are not available, lhen Contractor shall immediately call:
Vince Rodriouez. Proiect Manaoer (323) 855-2292
Sewage Spill Written Noti{lcation
The Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occurrence ol a spill tothe City, This report shalldescribe all of the following:
b
J
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 of remedial and/or cleanup measures taken and date and time
implemented
6. The mnective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
Enlorcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, envionmental gmups and
private otizens. The Contractor shall indemnify, defend and hold City, its officers, agents and
employees harmless from Contractor's failure to comply and/or fulfill the requiremenls set forlh in
this Paragraph 2.17. Contraclor shall be responsible for all costs and liabilities imposed by law as
resull of Contracto/s failure to mmply and/or futfill the requirements set forth in this Pa.agaph2j7 .
The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Conlractor.
ln addition to any remedy authonzed by law, any money due to the Contractor under this contracl
shall be retained by the City until allcosts and liabilities imposed by law againsl the City or Contractor
have been satisfied.
Maintenance
The Contractor shall ensure the proper implementation and funclioning of BMP mntrol measures
and shall regulady inspect and maintain the construction site Ior the BMPs identified in the
SWPPP. The Contractor shall identify coneclive aclions and time lrames in order to properly
address any damaged measure, or reiniliate any BMPs that have been discontinued.
lf the City identifies a deliciency in the deployment or funclioning of identified control measures, lhe
deficiency shall be mrrected by the Contractor immediately or by a later date and time if agreed to
by Director and if requested in writing, but not later than the onset of the subsequent precipitation
evenls. The mnec{ion of deficiencies shall be at no additional mst to the City.
Payment
All costs involved in the implementation ol the SWPPP, including lumishing all labor, materials,
tools, equipment and all incidentalst and for doing all the work involved in installing, constructing,
maintaining, removing, and disposing of mntrol measures, except those that were inslalled as a
part of another structure, shall be included in the unit prices tid for lhe various related items of
work and no addilional compensation will be made therefor.
SOLID WASTE DISPOSAL AND DIVERSION
The Contractor shall submit to the Director the following summary of solid waste generated by the Work,
disposed in Class lll landfills, or dive(ed from disposal through recycling, Report disposal in inert fill
separately, This form must be accompanied by legible copies of weight tickets, receipts, or invoices that
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specilically identify the prolecl generating the material. Said documents must be from recyclers and/or
disposal site operalors that are acceptable to lhe Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its supporting
documentation will render the application for progress payment incomplele and delay progress payments.
SUMMARY OF SOUD WASTE DISPOSAL AND DIVERSION
Projecl Tite:Specificatlon No
Type d Mahrial (a)
CbFoed h 06 lll LandG
(b)
Dverled frDm Class lll
Landfills by Recydmg
(c)
Ileave Th6 Column Bankl
(d)
usposed in ln€fl Filb
TonscY TonYCY Tons/CY Tons/CY
Asphal
Concjele
Mela
qner SegEgaled Mabdals
(oes.ribe)
Misadlar€ous Consf udbn
wasE
Tola
Form to be submitted to the City
SIGNATURE:
TITLE:
DATE:
2.19 RECYCLED.REUSABLEANDRECYCI.ABLEPRODUCTS
The Conkactor is enmuraged to propose recycled, reusable and recydable producls for use by lhe City.
Those ilems should be dearly identified. The City may require further inlormation or documentation to
ascertain the suitability/approprialeness of a proposed product.
IEND OF ARTICLEI
3.01
ARTICLE 3 - TIME OF COMMENCEMENT AND COMPTETION
COI\,IMENCEMENT, PROSECUTION, AND COI\,IPLETION OF WORK
U,
Notice to Proceed
The Contractor is not authorized to perform any Work the Contract Doormenls until hdshe has
received hom the City an official notification to mmmence Work, The date on which the notification is
received by the Contractor is herein refened to as the Notice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Notice lo Proceed shall be issued after the Contracl is properly executed, bonds are fumished and
approved, and insurance has been submitted and approved.
Prosecution of the Work
Work shall be continued at all tmes with such force and Euipment as will be sufficient to complete it
within the specmed time. The Contretor expressly proposes that he/she has taken into mnsideralion
and made allowances Ior all ordinary delays and hindrances to the Work to be performed and that
he/she will complete ihe Work within the specilied time.
Required Contract Completion
Time is of the essence in the completion of lhis Contract. The Work shall be completed in its entirety
and made ready for service within three hundred sixty-five (365) calendar days following the Date of
Commencement established in the Notice lo Proceed ("Contract Time"). By executing the Contract,
Contretor confirms that the Contract Time is a reasonable period for performing the Work.
CITYS DISCREIION TO EXTEND CONTMCT TIME
ln the event the Work required hereunder is not satisfactorily completed in all parts and in mmpliance with the
Contracl Documents, City shall have the right, in its sole discretion, to increase the number ol Working Days or
not, as may seem best to serve the interest of City, A change order extending the Contract Time only will be
issued by the City should the City decide to increase lhe number of Working Days.
SUBSTANTIAL COMPLEIION
Contractor Request for lnspection and Punch List
When the Contraclor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Direclor a request for
inspection and a mmprehensive punch list of items to be completed or corrected prior to Final
Payment. Failure to include an ilem on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
City lnspection
Upon receipt of lhe Contracto/s punch list, the Directorwill make an inspection to determine whether
the Work or designated po(ion thereof is Substantially Complete. lf the inspection discloses any
ilem, whether or nol included on lhe Contracto/s punch list, which is not sufficiently complete in
accordance with the Contract Documents so that the City can occupy or utilize the Work or
designated portion thereof for its intended use, lhe Contractor shall, belore City's issuance of the
Certificate of Substantial Completion, complete or correct such item upon notiflcation by City. The
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303
B
Contractor shall then submit a request for another inspection by City to determine Substantial
Completion.
C. Certmcate of Substantial Completion
When the Work or designated portion thereof is substantially complete, the Director will prepare a
Cerlrficate of Substanual Completion which shall establish lhe date of Substantial Completion, shall
establish responsibilities ofthe City and Contractor for security, maintenance, utrlities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the
Contractor's punch list accompanying the Cert icate, Warranties required by the Contracl
oocuments shall commence on the date of Substantial Completion of the Work. Contractor shall
deliver to City all wananty and guarantee documents and policies.
DELAYS AND ErIENSIONS OF TIME FOR CONTMCTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. ln the
event of any delay to the Work, the Conkactor shall revise his/her sequence of ope[atrons, to the
extenl possible under the terms of the Conkact, to offset the delay.
B. lfany delay to the Work is caused by circumstances within the Contracto/s control, it is notexcusable
and not compensable, and the Contractor will not be entitled to any extension of time or to any other
compensalion for damages resulling directly or indirectly therefrom,
C. lf any delay having a direcl effect on the Work is caused by circumstances beyond the control of the
Contractor excepl ,or causes of delay specified in Paragraph 3.04-D., such delay may be excusable
and may entitle the Conlractor to an equivalent extension of time, but nol to any other compensation.
Excusable bul not compensable causes include but are not limited to labor disputes, weather
conditions unfavorable for proseculion of the Work, and force majeure.
D. lf any delay having a direcl eflect on the Work is caused by failure of the City to provide information
as specified, or necessary inslructions for carrying on the Work, or to provide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensalion for damages resulting directly from any of the causes of delay specified in this
paragraph,
E. The Contractor shall notify the Director in writing of any delay having a direcl effect on the Work and
lhe causes thereof wthin '15 days from the beginning of such delay.
F. Any claim for an extension of lime or for compensation for damages resulting from delay shall be
made in writing to the Director not more than 30 days after the ending of such delay. The Contractor
shall provide a written report evaluating the impacl of the delay which shall include, al a minimum,
all of the following:
1. a nanative desdiption of the delay and ib impact on the critical palh to Substantial Completion of
the Work or a portion of the Work designated by City;
2. a detailed breakdown ofthe Allowable Costs, il any, sought by Contretor due to the delay;
3. the number of days of extension sought by Contraclor as an adjustment to the Contracl time;
4. a statement that Contractor has complied with the requirements of the General Conditions for
written notice of delays, along with the dates and copies of such notices;
305
5. the measures taken by Contraclor and Submntrac{ors to prevent or minimize the delay; and
6. the Contacto/s recommendations for reordering or r+sequencing the Work to avord or minimize
further delay.
No extension of time or compensation for damages resulting from delay will be granled unless the
delay affects the timely completion of the overall Work under the Contracl or the timely mmpletion
of a portion of the Work for which a lime of completion is specified.
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall b€ final and mnclusive.
H. Failure of the Contractor to give writlen notice of a delay, or lo submit or document a claim for an
extension of time or lor damages resutting from delay in the manner and wilhin the times stated
above shall constitute a waiver of all claims thereto.
L When a Contractor experiences two concunent delays, one compensable and the other excusable,
no compensation other than an e(ension of time will be allowed.
J. An extension of time must be approved by the Director to be effective, but an extension of time
whether with or without consenl of lhe sureties, shall nol release the sureties from their obligations,
which shall remain in full force until the discharge of the Contract.
CLIMATIC CONDITIONS
A. The Direclor may suspend the Work whenever t'reather mnditions or conditions resulting from
inclement weather are unfavorable for lhe prosecution of the Work. The delay caused by such
suspension may entitle the Conlractor to an e(ension of tim€ but nol lo any other mmpensation.
B. Il 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 othe[ compensation.
C. No extension of trme will be granled 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 mmpletion is specified. Delermination that the suspension for inclement weather mnditions
or conditions resulling from inclement weather affecls timely completion and entitles the Contractor
to an extension of time shall be made and agreed to in wdting by the Director and lhe Contractor on
each day that Work is suspended. ln the event of failure to agree, the Conlractor may protest under
the provisions of Paragraph 7.07.
D. lf Work is suspended and an extension of time is granted under this Paragraph 3,05 the Contractor
will be entitled to a one day extension of lime for each day that he/she is unable to Work at least
one-halfof his/her cunent normal Worft day; and if the Work is suspended at the regular starting time
on any Work day and the Contracto/s Workforce is dismissed as a result thereof, then he/she will
be entitled to a one day e(ension of time whether or not conditions change thereafter and the major
portion of the day is suitable for Work.
COMPLETION AND ACCEPTANCE
A. Upon request by the Contractor, the Direclor shall conducl a final inspection of the Work. lf, in the
Direclo/s opinion, Final Completron has been achieved, the Director will accept the Work by issuing a
"Notice of Completion' of the Work to the Contraclor. Upon the issuance of the Notice ol Completion
3.06
the Contractor will be relieved from responsibility lo potect the Work.
B. Wilhin 15 calendar days after issuing lhe Notice of Completion, the Director will record the Notice ol
Completion with the County Recorder.
LIQUIDATED DAMAGES
A. Contractor and City agree to liquidate damages in the amount offive hundred dollars ($500) per day,
with respect to Contracto/s non{ompletion of the monthly Routine Maintenance-lnspection and
Cleaning work for each day past the first seven (7) working days of each month. ln addition, the
Contractor shall pay to the City, or have withheld from monies due it, the sum of S100.00 for
each hour late when responding to emergency situations. The Parties intend for the failure to
achreve Substantial Comdetion of the Work within the Contracl Time. The Parties intend for the
lquidated damages sel lorlh herein to apply to this Contract as set forth in Govemment Code Section
53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to
mmpensate City solely for the Contracto/s lailure to meet the deadline for Substantial Completion and
shall not excuse Contraclor from liability from any other bremh, induding any failure ol the Work to
conform to the requirements of lhe Contrrct Documents.
B. ln lhe event thal Contractor fails to achieve Substantial Completion of the Work within the Contract
Time, Conlractor agrees to pay City lhe amount specified in the Contract form for each calendar day
that Subslantial Completion is delayed.
C Contractor and City acknowledge and agree thal the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the evenl of late completion of the Work.
Contractor and Crty ad<nowledge and agree that the amount of such damages are impossible lo
ascertain as ol the effective date hereof and have agreed to such liquidated damages to fix City's
damages and to avoid later disputes. lt is understmd and agreed by Contraclor that liquidated
damages payable pursuantto this Agreement are not a penalty and that such amounlare not manifestly
unreasonable under the circumstances existing as ofthe effective date of lhis Agreement.
D. lt is further mutually agreed that City shallhave the righl to deduct liquidated damages against progress
payments or retainage and that the City will issue a Conslruction Change Dheclive and reduce the
Contract Sum accordingly. ln the event the remaining unpaid Contract Sum is insufficient to cover the
full amount of liquidated damages. Contraclor shall pay the difference to City.
[END OF ARTICLE]
4.01
ARTICLE 4 - CONSTRUCTION SCHEDULES
BASELINE PROJECT SCHEDULE
The Contraclor shall submit his/her work Baseline Project Schedule, in electronic as v{ell as hard+opy format,
to the Director at the pretonstruction meeting showing in detail how the Contractor plans to execute and
oordinate the Work. The mnslruction schedule shall show the sequence of work, critical palh and estimated
time for completion of each segment of work. This schedule must be reviewed and accepted by the Director
before the Contractor will be permitted to begin work. ln addition, the Contractor shall submit a detailed schedule
forecasting two (2) $/eeks of urork describing each day's work. This schedule shall be updated and submitted to
the City every other Monday during the mnstruction penod. The Contractor shall give 48 hours notice to the City
Engineer prior to the start of the \,\ork.
Format
3
1.At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis
and by geographic area or location on the Project. The Baseline Projecl &hedule shall include a
detailed description of each activity mde. The Baseline Projecl Schedule shall be based on and
incorporate contracl milestone and completion dales specified in the Contract DodJments. lt shall
depict events, jobs, and their intenelationships and shallremgnize lhe progress that must be made
on one task before subsequent tasks can begin, The schedule shall be mmprehensive and shall
include all logical interdependencies and interactions required to perform the Work of the Prolect.
Overall time of mmpletion and tme of completion for each milestone shown on the Schedule shall
adhere to the specified Contracl Time, unless an eadier (advanced) time of completion is
requested by Contractor, agreed to by the City and formalized by Change Order.
Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by
the parties.
The City will review the submitled Baseline Project Schedule for conformance with these
scheduling requirements. Wthin Iourteen (14) calendar days after receipt, the City will accept lhe
propsed Baseline Poject Schedule or will retum it with comments. lf the proposed Baseline
Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. lf
the Baseline Projecl &hedule is notaccepted by City, Contractorshall revise the Baseline Project
Schedule, in ac@rdance with lhe recommendations of the City, and re-submit same for
acceptance, no later than seven (7) calendar days alter receipt of said recommendation.
Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccrracy in Baseline Pmject Schedule shall not relieve Contraclor ftom the responsibility for
accomplishing the Work in mrdance with the Contract Documents.
4.
Float
1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities are
delined as non{ritical Work acliv ies and are considered to have 11oal. Float is detined as the
time that a nonrritical Work adivity can be delayed or extended without delaying the scheduled
completron ol the milestones and/or time of completion. Float is considered a Project resource
available lo eilher party or bolh parties as needed. Once rdentffied, Contractor shall monitor,
account for, and maintain float in accordance with Critical Path Melhodology.
B
402
2. Delays of any nonsitical Work shall not be lhe basis for an extension of Contract Time until the
delays consume allfloat associated with that noncritical Work activity and cause the Work ac{ivrty
to become cntical.
3. lt is acknowledged that City{aused time savings (i.e., critical path submittal reviews retumed in
less time than allowed by the Contracl Documents, approval ol substrlutron requests whtch result
in a savings of time for Contraclor, etc.) create shared float. Accordingly, City{aused delays may
be offset by City{aused time savings.
C. Weather (This section applies only to projecls of one (1) year duration or longer)
The completion time contemplated by this Contract anticipates f teen (15) lost days (Work Days) due
to normal \,t eather conditions annually and prorated for any duration less than t,velve monttE. only
unusual or extreme weather mnditions, as determined by the National Oceanic and Atmospheric
Administration, for the time of year will be mnsidered as jusliflcation lor an e(ension of time to complele
the Poject, and only after the fifteen (1s)weather days have been utilized. Annual weather days are
nol cumulative, and unused days shall become lbaf for the benefit of the project, and the schedule
adjusted accordingly. The use of r,veather days by the Contraclor shall be subject to all the conditions
of claim for an e(ension of tirne. The Contractor shall notify the City in Miting within ten (10) days of
the commencement of each rain event.
D. Early Completion
While lhe Contractor may schedule mmpletion of lhe Project earlier than the date established by the
Contracl Documents, no additional compensation shall become due the Contractor for lhe use of float
time betu/een the Contcc{o/s pro.iected early comdetion dale and the date for Subslantial Completion
established by the Contract Documents, unless an earlier (advanced) time of completion is requested
by Contraclor, agreed to by the City, and formalized by Change Order,
SCHEDULE UPDATES
A. Wilh each Application for Payment submitled by Contraclor (other than lhe final Application for
Payment), the Contractor shall submit to the City an u@ated Projecl Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, conective actions taken, or
slippage carryover, for all anticipated delays or dificutties, and all other information required to
accurately present the aclual slatus of the progress of the Work as of the date of the Application for
Payment. lf the Conlractor does nol submit an updaled Project Schedule with an Application for
Payment, City may withhold payment, in whole or in part, until the updated Projecl &hedule is
submitted. ln the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall popose an affirmalive plan to cofiecl each such delay, including overtime and/or
additional labor, if necessary. ln no event shall any Project Schedule ufiate mnstitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any suci adjustment is agreed to by
the City and authorized pursuant to Change order or Work Directive.
B. At no time shall hisloricaldata contained within the uNated Poect &hedule (i.e. completed activities)
be removed and/or altered in any way. This hisloricaldata is to be preserved within each ofthe updated
Project Schedules and submitted wilh the final sctedule updale to reflect the actual start and finish
dates for each aclivity within the Schedule.
C. Any work stoppages within individual \,\ork activitres that exceed seven (7) calendar days in duration
shall be deady indicated within the updated Project Schedule. ln cases where unplanned activity ,,rork
sloppages exceed seven (7) calendar days activities shall be added to the Poject Schedule to clearly
403
indicate the \rork stoppage period and identi! forecasted resumption and completion of the activity
where t ork has stopped. Conhactor shall clearly note allschedule revisions when Project Schedule
u@ates are submitted, as required in this Paragraph 4.02 above.
NONCOMPENSABLE EXTMORDINARY MEASURES
A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed
to the level of completion required by the Contrel Dodmenls, City shall have the right to order the
Contraclor to take conective measures to expedite the progress of construction, at no additional cost
lo the City, including, without limitation, the following:
1, Working additional shifb of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activilies to maximize praclical concunence of accompfishmenl of rclrvities.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any olher actions that may be necessary to mitigate delays.
B. Such Extraordinary Measures shall continue unlilthe progress ofthe Work is no longer behind schedule
and/or reaches the stage of completion required by the Contracl DoqJments. Contractor shall not be
entitled to an adjustnent in he Contract Sum in mnnection with the perlormance of any such
Extrmrdinary Measures required by the City under this Paragraph. The City may exercise the rights
,umished the City pursuant to this Paragraph as frequently as the Crty deems necessary to ensure that
the Conlrrclo/s performance of the Work will comply with the Contract Time or interim completion
dales set forth in the Contet Documents. lf Contraclor or its Subcontractors fail to implement or
@mmence E(raordinary Measures within ten (10) calendar days ol City's Mitten demand, City may,
wilhoul prejudice to other remedies, take mnective action at the expense of the Contractor which shall
reduce the Contract Sum accordingly.
CONDITION OF PAYMENT
Compliance by Contraclor with the requirements of the Contract Documents pertaining to preparation,
submission, revising and uFating ofthe Schedule is a condition precedent to City's obligation to make payment
to Contmclor of any or all sums lhat might otheMise be due to Contractor in the absence of such noncompliance.
Payment by City under circumslances in which City, forany reason, fails or elects not lo assert its right to withhold
paymenl for noncompliance with this Paragraph shall not be construed as a waiver ot the right lo withhold future
paymenls on account of such nonmmpliance or any other noncompliance.
IEND 0F ARTTCLEI
4U
501
ARTICLE 5 . SUSPENSION OR TERMINATION OF CONTRACT
TERMINATION BY THE CONTMCTOR
A. Contractor shall have the right to terminate its performance of the Contract only upon the occunence
ofone of the following:
1. The Work is slopped for a period of ninety (90) onsecutive days though no act or fault of the
Contraclor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other
persons or entities performing portions of the Work under direct or indirect contract wth the
Contractor, due to:
a. the issuance ol an order of a court or other public authority having iurisdiction; or
b. an act of govemment, such as a declaration of nalional emergency maktng material
unavailable;
and Contractor has given Cny written notice within ten (10) days of the occunence of such ground
for termination, then the Contractor may, upn thirty (30) additional calendar days witten notice to
City, unless the reason has theretofore been cured, terminate its performance of the Work.
2. The Work is slopped for a period ol 120 mnseculive days through no act or faull of Contraclor,
any Submntractor, Sub-subconlractor, their agents or employees, or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contnactor, because the
City has persistently failed to perform any material obligation under the Contract Documents and
fails to cure such default witlrin ninety (90) days after the receipl of notice ftom Contractor stating
the nalure ol sudr default.
B. lf Contraclor terminates its perlormance of the Contracl in accordance with this Paragraph 5,01, the
City shall pay Contraclor lor lhe Work executed through the date of termination as set forth in Paragraph
5.04-C below.
TERMINATION BY THE CITY FOR CAUSE
Grounds
The City shall have the right to terminale the Contracto/s performance of the Contract, in whole or in
pa(, without liability to City if:
'1 . Conlraclor fails pompty to begin the Work under the Contract Documents; or
2. Contractor refuses orlails to supply enough properly skilled workers or propr materials; or
3. Contractor fails to perform ihe Work in accordance with the Contract Documents, including
confoming to applicable standards set forlh therein in mnstructing the P@ect, or refus$ lo
remove and replace rejected materials or unacceptable Work; or
4. Contraclor discontinues the prosecution of the Work (exclusive of uork sloppage: (a) due to
termination by City; or (b) due to and during the continuance ol a Force Majeure event or
suspension by City); or
502
5. Contrac{or fails to resume performance of Work which has been suspended or stopped, within a
reasonable time after receipt of notice from City to do so or (if applicable) after cessatron of the
event preventing performance; or
6. Any representation or waranty made by Contraclor in the Contrmt DodJments or any certificate,
schedule, instrument, or other docrment delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7, Contraclor fails to make paymenl to Subcontractors or Malerial Suppliers for matenals or labor in
acmrdance with the respective Conlract Documents and applicable law; or
L Conlractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction;or
9. Contractor is guilty of breach of a provision of the Contract Documents; or
10. Contraclor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefil of credilors and fails to provide Crty with adequate assumnces of Contracto/s ability to
satisfy its mntractual obligations.
A receiver, truslee, or otherjudicial officer shall not have any right, title, or interest in orto the Conlracl.
Upon that person's appointment, City has, at rts option and sole discretion, the right to immediately
cancel the Contract and declare it null and void.
B. City's Rights.
When any of the reasons specified in Paragraph 5.02-A exist, lhe City may, in addition lo and without
prejudice to any other righls or remedies of the City, and afler giving the Contractor five (5) calendar
days written notlce, terminate Contracto/s performance of the Wo*, in whole or in part, and may:
1. Take possession of the site and all materials, equipment, lools, construction equipment, and
machinery thereon owned by the Conlractor;
2. Wthhold trom Contraclor amounts unpaid hereunderand to offset suc'h amounts againstdamages
or losses incuned by City;
3. Accept assignment of subcontracls from Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Contractor, the City shall fumish to the Contrac{or a detailed accounting of the
costs incuned by the City in finishing the Wo
C. Costs
lf City's costs to complele and damages incuned due to Contracto/s default exceed the unpaid
Contracl balance, the Contractor shall pay the difference to the City.
D. WrongfulTermination
lf it has been adjudicated or otheMise determined that City has wrongrfully terminated the Contractor
for cause, then said termination shall be deemed converted to a termination lor convenience as sel
forth in Paragraph 5.04 and Contracto/s remedy for wrongful termination in suct event shall be limited
503
to the recovery of the paymenb pemitted for termrnation for convenience 6 set forh in Paragraph
5,04.
PARTIAL DELEIION OR SUSPENSION OF WORK BY THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract
Documents shall be deleted or perlormance suspended without electing to terminate the Contracto/s
performance under the Contract and without any penalty being incuned by the City.
B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor
shall it provide Contraclor with any basis lor seeking paymenttrom City for Work deleted or suspended
excepl to the extent such Work has akeady been performed and is othenmse mmpensable under the
Contract.
C. The Cityshallhave the rightto later have anysuch suspended or deleled Work performed by Contractor
or others wthout any penalty to the City.
D. ln the event of any partial ormmplete deletion or suspension of Work, the City shallfumish Contractor
with prompt Mitlen notrce thereof, and the City shall be entitled to take possession of and have as its
property all Record Documents, Acmunting Records, and other data preparcd by Contractor or its
Subcontractors.
E, Suspension for Convenience.
1. The City may at any time and from time to time, wrthorl cause, order the Conhac{or, in writing, 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 specifically identified as a 'Work Suspension Directive" under this
Seclion,
2. Upon receipt of a Work Suspension Directive, Contraclor shall, at the City's epense, comply with
its terms and take all reasonable steps to minimize msts allocable lo lhe Work covered by the
Work Suspension Direc{ive during the period of Work stoppage.
3, Within the period of suspension, or such e(ension to that period as is agreed upon by Contractor
and the City, the City shall either cancel the Work Suspension Direc{ive ordelete the Work covered
by such Work Suspension Direclive by issuing a Change orderor Construction Change Directive.
4. lf a Work Suspension Directive is cancelled or expires, Conlractor shall continue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustments of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to the extent:
(a) That performan@ is, was, or would have been so suspended, delayed, or intenupted by
another cause for which the Contrdctor is responsible; or
(b) That an equilable adjustment is made or denied under another provision of the Contract.
F. Suspnsions for Cause
City has the authority by written order to suspnd the Work, in whole or in part, without liability to City
for Contmcto/s failure to:
1. Conect conditions unsafe for the Projecl personnel or general public, or
2, Carry out trrc Contract; or
3, Carry out orders of City.
G. Responsibilities ol Contrador During Suspension Pedods
During periods that Work rs suspended, Contraclor shall continue to be rcspnsible for lhe Work and
shall prevent damage or injury to the Pmiect, povide for drainage, and shall erecl necessary temporary
struclures, signs or other facilrties required to maintain the fto,ecl and ontinue to perform acmrding
to the Contract Documents.
5.04 TERMINATION BYTHE CITY FORCONVENIENCE
A. Gounds
Without limiting any rights whidl City may have by reason of any default by Contrador hereunder, City
may terminate Contmcto/s performance of the Contracl, in whole or in part, at any tirne, for
convenience upn fifteen (15) calendar days uitten notice to Contraclor.
B. Contractor Aclions
Upon receipt of such notice, Contractor shall perform the duties rEuired by Paragraph 5.05 below.
At the election of and as directed by the City, any or all of the subcontracts and purchase ordes
entered in to by Contraclor prior to the effective date of temination shall be teminaled or shall be
assigned to City.
C. Compensation
1 . lf lhe Parties are unable to agree on the amounl of a termination settlement, the City shall pay
the Contractor the following amounts:
a. For Work perlormed belore the efiective date of terminaton, the total (wi$out duplication ol
any ilems) of:
i. The mst of trhe Work; and
ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be
fair and reasonable. ln no event shall Contmclor be entitled to recover overhead or
pofit on Work not perfom€d.
b. The reasonable costs of setdement of the Work teminated, including:
i. Accounting, derical, and other expenses reasonably necessary for lhe preparation
of termination settlement pmposals and supporting data, if any; and
ii. Storage, transporlation, and other costs reasonably necessary for the preservation,
proteclion, or disposilion of inventory.
2. Such payrnent shall be Contracto/s exdusive remedy for termination for convenience and will be
due and payable on the same conditions as set forth for final payment to the extent applicable.
Upon receipt of sudl payrnent, the Contrelor and City shall have no further obligalions lo each
other excepl for Contracto/s obligations with respecl to waranties, representations, indemnity,
maintenance of insurance, and olher obligations that survive termination or Final Completion as
povided for herein.
3. lt is understmd and agreed that no fee, anticipated profit, compensation for lost opportunity osts,
or other mmpensation or paymentolany kind or character shallbe due or payable for unperformed
Work regardless of the basis of lermination and the inclusion ol this povision within this
subparagraph shall in no way limit its application lo termination under this Paragraph,
4. ConlEctor agrees that each of its subcontrac{s will reseNe for the Contractor the sarne right of
termination for mnvenience provided by this Paragraph 5.04.
D. No Consquential Damages
Und€r no circumstances shallContraclor be entitled to anticipatory or uneamed pofits orconsequential
or other damages as a result of a lermination or partial terminatlon under this Article 5. The payment
to Contractor determined in cordance with this Arlicle constitutes ContEclo/s exclusive remedy for
a termination hereunder.
5.05 CONTMCTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE
lf the Crty terminates Contracto/s performance o, Work under the Contract, for cause or convenience or if
Contmclor terminates a Submntractor with the Crty's approval, Contraclor shall:
(1) cease performance ol lhe Work to the extent specmed in the notice;
(2) take actions necessary or hat the City may direct, for the pmtectron and preservation ol trhe Work;
(3) settle outstanding liabililies, as dirccted by City;
(4) fansler title and deliver to City Work in progress, specialized equipment necessary lo perfom the Work;
(5) submit all Record Doarments, Accounting Records and other data prepared pursuanl lo the Contract by
Contraclor and/or ils Submntraclors, as applicable, to the City with ffieen (15) calendar days afrer the City's
notce of terminatron in an organized, usable form, in both hard mpy and elec{mnic/digital form, with all ems
properly labeled to the degree ol detail specified by lhe City; and,
(6) excepl for Work directed by City to be perfomed prior to the effec{ive date of termination stated in the notice,
inojr no further costs or expenses and enter into no further subcontracts and purdEse orders.
No mmpensation shall be due Contraclor, if any, untrl Contraclor complies with the rEuirements of this
Paragraph.
lENo 0F ARTTCLEI
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603
ARTICLE 6 - CHANGES
CITY'S RIGHT TO ORDER CHANGES
The City, without invalidating the Contract, may authorize changes in the Wo* consisting of additions,
deletions, or other revisions, with the Contract Sum and Conlract Time being adiusted accordingly, if
necessary, All such changes in the Work shall be authorized by Change Order or Construction Change
Directive and Contractor shall perform such changes in the Work mcording to the applicable requirements
of the Contret 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 otheMise provided in the Change
order or Construclion Change Directive. lt is ol the essence to this Conlracl that all scope changes in the
Work that form the basis of an adjustment ol the Contract Sum or Contract Time must be authorized in
advance in writing through either a Change Order or Construction Change Directive. A change in the Conkact
Sum or lhe Contract Time shall be accomplished only by Change Order or Construction Change Directive.
Actordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City
has been unjustly enriched by any alteration or addition lo the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time period provided in the
Contract Documents.
NOTICE OF SCOPE CHANGE
Contractor shall submit wntten notice of any change in scope to the Director if, in the Contractods opinion,
any instruction, request, Drawings, Specificalions, action, condition, omission, default, or other situation
occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Wo*, for
which Contractor believes it is entitled to an adjustment ofthe Contract Sum or Contract Time. Such notice
shall be provided prior to performance of the Work affected by such occunence and within seven (7) calendar
days afterthe discovery date ofthe circumstances ofsuch smpe change orother matters. The written notice
shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any,
requested, The mere presentation of such notice shall not establish the existence ofany right by Contractor
lo adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described
herein shall constitute a waiver by Contractor of the nght to any adjustment to the Contccl Sum or Contract
Time on account thereof,
CHANGE ORDERS
A. Computation
Itilethods 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
Contracl Time and Contracl Sum, and compensation for any and all delay, extended or additional
lield and home office overhead, disruption, acceleration, inefficiencies, losl labor or equipmenl
productivity, differing Site conditions, construction interferences and olher extraordinary or
consequential damages (hereinafter called 'lmpacts'), including any npple or cumulative effects of
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601
605
said lmpacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution of any Change Order, Contractor
agrees that the Change order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, lmpacts, or any costs of whatever nature, character or kind arising
out of or incidental to the Change order. No action, conduct, omission, product failure or course of
dealing by the City shallacl to waive, modify, change, or alterthe requirement that (i)Change Orde/s
must be in writing, signed by the City and Contractor and; (ii) that such written Change orders are
the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.
CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE)
A. A Construction Change Direclive shall be used in the absence of total agreement on the terms of a
Change Order. The City may by Conslruction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions, deletion,
or other revisions, the Contract Sum and Conlract 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).
C. Upon receipt ol the Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the City ofthe Contracto/s agreemenl ordisagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract Trme.
D. lf Contractor believes a Conslruction Change Directive constitutes a basis for adjustment to the
Conlract Sum or Contract Time, then Conlractor 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 Directrve or in a subsequent
Construction Change Direclive, proceed with the performance of the Work as described in the
Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as
described in the Construction Change Directive shall give the City the right to carry out lhe Work, as
set forth in Paragraph 2.05.
E. A Construction Change Directive signed by the Contractor indicates the Contracto/s agreemenl
therewith, induding adjustment in Contract Sum and Contract Time or the method ,or determining
them. Such agreement shall be effective immediately and shall be remrded as a Change Order.
F. lf the Contractor does not respond promptly or disagrees with the method for adiustment in the
Contract Sum, the method and the adjustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable lo 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. Allernalive l\,lelhods of Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Direclor using one or a mmbination of the
following methods:
606
B
1 . Lump Sum, By mutual acceptance ol a lump sum proposal from Contractor properly atemized
and supported by sufficient substantiating data to permit evaluation, Such poposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups,
as defined in Subparagraph 6.0&E, and shall not include any costs or expense that is not
permitted by the terms of any provision of the Contract Documents.
2. Unit Prices, By unit pnces contained in Conlractor's original 8id and incorporated in the Contract
Documents or flxed by subsequent agreemenl between City and Contractor. Unless otherwise
stated in the Bidding Documents, unil prices stated in the Contract Documents or agreed upon
by the County and Contractorshall be deemed to include and enmmpass allAllowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incuned, plus a sum for
Allowable Mark-Up6 on such Allowable Costs.
4. Deletion of Work. By Unit Prices mntained in Contracto/s original Bid and incorporated in the
Conhact Documents, or by using the Schedule of Values to determine the value of the decrease
of the Contract Sum, less the value ol any Work performed, plus a reasonable percentage of
the decrease for the Conlracto/s saved overhead unless the Schedule of Values allocates
general mnditions cosb to individual line items, in which case no percentage of the decrease
shall be added. When a change consists of both addition and deletion ot Work, the added msts
and deleted msts shall be calculated separately, and then added togelher, resulting in the net
mst Ior the change. The Allowable Mark-Up shall be applied lo this net cost.
Contractor Maintenance of Daily Records for Changes
1. ln the event that Contractor is directed to perform any Extra Work, or should Contractor
enmunter conditions which the Contractor believes would obligate the City to adjustthe Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily reporl supplemented by back-up records. Such
records shall include without limitation:
a. Labor. At the close of each day on which such Extra Work is performed, Contractor
shall submil an E(ra Work labor report, on forms provided by Director, to Director that
sets forth a list of the mtual hours spent in performing the Extra Work, that clearly
differentiates between the labor expended on the Extra Worft and other Work, and the
Allowable Costs for such Extra Work performed thal day showing the names of
workers, their dassrfications, hours worked and hourly rates.
b. Materials, Eouioment, A list of Allowable Costs of materials and equipment consumed
in lhe performance of the Extra Work on the day on which such Extra Work is
performed, together wilh copies of applicable delivery tickets and unit prices for all
malerials and for all equipment used he type of equipment, identilication number,
hours ofoperation (including loading and transportation) and hourly/daily rates involved
for that day.
c. Olher Services or Exoenditures. A list ofother services and expenditures conslituling
Allowable Costs incuned in pedormance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounls thereof in
such detail as Director may require.
2. ln the event that more than one change to the Work is perlormed by the Contractor in a calendar
day, Contretor shall maintain separate records of labor, construction equipment, materials, and
C
equipmenl for each such change. ln the event that any Subcontractor ol anytiershall provide
or perform any po(ion 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 Contractor's representation and warranty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All remrds maintained
by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by
such Subcontracto/s authorized prqect manager or supenntendent.
All such remrds shall be foru/arded to the Director on the day the Work is performed (same day)
Ior independent verificalion. The Director shall attempt to review and reconcile cosls for
changes on a daily basis. Records nol available on the day on which the Extra Work is
performed, such as, but nol limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of lhe particular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and materiai tickets and invoices
by persons designated by the Director for such purpose. ln the event thal Contractor shall fail
or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments to the Contract Sum or Contract Time, ifany, on account
of any change to the Work may be deemed waived for that day. Contracto/s obligation to
maintain back-up records hereunder is in addition to, and not in lieu of, any other Conlractor
obligation under the Contracl Documents wilh respect to changes lo the Work.
5. Waiver bv Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any nghts for remvery of Allowable Costs incurred for Extra Work performed that
day. The farlure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretion to treal it as such, constilute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the E(ra Work
covered by such non-authenticated ticket or invoice.
Allowable Costs
The term "Allowable Costs" shall mean in the case of Exra Work aclual costs incufled by Contraclor
and/or any Subcontractor, regardless ol tier, and necessarily rnvolved in direct performance of the
Extra Work, or rn the case of deleted work the actual costs that would have been incurred in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
1 . Labor. Straight-time wages or salaries, and ove(ime wages and salaries specifically authorized
by City in wriling, for employees employed al lhe sile, or at Iabricaton sites off the site, in the
direct performance ofthe Exra Work or that would have been incurred in the direct performance
of the deleled work, based on the aclual mst lor wages prevailing locally for each craft or type
of workers al lhe time lhe Extra Work is done or the deleted work is ordered eliminated Labor
costs for equipment operalors and helpers shall be reported only when such costs are not
included in lhe invoice for equipmenl renlal. The use of labor classification which would increase
the Allowable Cost for Extra Work will not be permitted unless Contrmtor establlshes the
necessity for such additional costs.
2. Beneflts Payrolltaxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benelits required by lawfulcollective bargaining agreements for employees on straight-time
4
wages or salanes, and on overlime rvages and salaries spcillcally authorized by City in writing,
for employees employed at the site, or at fabrication sites off the site, in the direct performance
of the Extra Work or that would have been incuned in the direct performance of lhe deleted
work.
Materials, Consumables, Costs of matenals and mnsumable items which are fumished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case ol deleted work shall be at the lowest pnce available to Contractor but in no
evenl 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 cost of materials is excessive, or ff Conlractor fails to
turnish satisfrctory evidence of the cost from the actual supplier thereof, then in eilher case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar matenals
are available in the quantities required at the time they were needed. The City reserves the right
to fumish such materials as it deems advisable, and Contractor shall have no claim for costs or
profits on materials so furnished. Material invoices must be included with the exlra work report
lo obtain payment,
Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph
5.04-C.3 above.
Tool. Eouioment Rental, Rental charges for necessary machinery and equipment, whether
owned or hired, as authonzed in writing by City, exclusive of hand tools, used directly in the
performance of the Extra Work or thal would have been used in the direct performance of the
deleted work. Regardless of ownenhip, such renlal charges shall nol exceed the hourly rate
denved 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 KJ 1 1, San
Jose, Califomia, which is in effecl at the time of commencement of the changed work. The
Conlractor shall attach a copy of lhe rate schedule to the daily reports required by Paragraph
6.OGB, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Exlra 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 ol fuel, power oil, lubrication, supplies, small lools, necessary
attachments, loading, transportation, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed for overhead, prollt or bond premiums for use of equipment
if the equipment is supplied by an equipment rental firm. lf equipment is used intermittently and,
when not in use, could be retumed to its rental source at less expense to City than holding it at
the Sile, Il shall be returned, unless Contractor elects to keep it at the Site at no expense to City.
Cosls incuned while equipment is inoperalive due to breakdowns, regular maintenance, or lor
non-Working Days shall nol be allowed. The rental lime shall include the time required to move
the equipmenl to the Work from lhe nearest available source for rental ol such equipment and
to retum it to the source. lf such equipment is not moved by its own power, then loading and
transportation will be allowed, Neilher moving time nor loading and transporlalron costs will be
paid if the equipment is for use on the P@ect unrelated lo the Extra Work. All equipment shall
be acceplable to City, in good working condition, and suitable lor the purpose for which it is to
be used.
Rovalties. Additional or saved costs of royalties due to the performance of the Extra Work or
deleted work.
6.
7. lnsurance. Bonds. Addrtional or saved msts of insurance and bonds, provided, hot ever, that
lor Extra Work such costs shall not exceed one prcent (1%) of ltems 1 through 6 above.
D. Costs Nol Allowed
Allowable Costs shall not include any of the following:
1. Wages, salaries, fringe benefits and payroll taxes of Conhactor's and all Subcontracto/s non-
craft labor (above a Foreman level);
2. Overhead (including home office overhead), administrative or general expenses ol any kind
including engineering, estimating, scheduling, drafling, delailing, etc., incuned in mnnection
with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Small lools (replacement value nol exceeding $500);
5. ffice expenses, including secrelarial and administralive staff, materials and supplies;
6. On-site and off-site trailer and slorage renlal and expenses;
7. Site fencing;
L Utilities, including gas, electric, sewer, water, telephone, telefax, copier EUipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state of local business inmme and franchise taxes;
11. Losses of efficiency or productivity; and
12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph
6.0&c.
E. Alowable Mark-Up (Staff to Detemine one of the following 2 options for Allowable Mark Up)
1. Extra Work bv contractor (Marku0): The following percentages shall be added to the Contraclo/s
msls and shall constitute the markup for all overhead and profrts:
Labor
Materials
Equipment Rental 15o/o
Other ltems and Expenditures 15o/o
2, Extra Work bv Subcontractor (Markuo): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 6,06.E.'1 shall apply to the
Subcontracto/s actual costs. A markup of 5% on the subcontrrcted prtion of each extra work
may be added for the Contraclor.
F. Net Allowable Costs
lf anyone scope change involves both Exlra Work and deleted work in the same portion ofthe Work
and the additive allowable cosls exceed the deduclive allowable msts, the Allowable Markups on
33%
1Sfo
608
the Extra Work will be only the difference between the two amounls.
CIW ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REOUEST
City may issue a Conslruction Change Directive or other written request to Contractor describing a proposed
change to the Work and requesting the Contractor submit an itemized change order proposal in a formal
acceptable to City within ten (10) calendar days alter City issues the request. The Contraclo/s change order
proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by lhe cosl categories listed in this Paragraph), and Contractods proposed methods
to minimize costs, delay, and disruption to the performance of the Work. lf Contractor fails to submit a written
change order proposal within such period of time, it shall be presumed that lhe change described in the Citys
original proposal request will not result in an increase to the Contract Sum or Contract Time and lhe change
shall be performed by Contrac{or without additional compenvtion to Contraclor. City's request for itemized
change order proposal request does not authorize the Contractor to commence performance of lhe change.
lf City desires that the proposed change be performed, the Work shall be aulhorized according to the Change
Order or Construction Change Directive procedures set forth herein.
CONTMCTOR ORIGINATED CHANGE ORDER REQUEST (COR}
ll the Contractor believes that instructions issued by the City after the effective date ofthe Contract will result
in changes to the Contract Sum or C,ontract Time or if the Contractor otheMise becomes aware of lhe need
Ior or desirability of a change in the Work, Conlraclor may submit a written Change Order Request ("C0R")
to lhe City in writing, in a tormat acceptable to Cily and in accordance with lhe notice provisions and other
requirements of Article 7 below for Claims. The CoR must specrfy the reasons for the proposed change, mst
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in its description of the Work, its material and labor quantities and detail, and must support and
juslity lhe costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnel is required
to support and justiry any addilional time of performance requested by the Contractor. The City will not review
any COR which is incomplete. The Contractor may requesl additional mmpensation and/or time through a
CoR but not for inslances that occurred more than len (10)calendar days prior to the notice date. Contracto/s
failure to initiate a COR wilhin lhis tenday period or to provide detailed back-up documenlation to
substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adjustmenl ol the Contract Sum or the Contract Time for the alleged change. Any COR that is
approved by the City shall be incorporaled in a Change Order or Construction Change Directive. lf the COR
is denied but lhe Contractor believes that it does have merit, the Contractor shall poceed wilh the disputed
Work and may submit a Claim in acmrdance with the procedures sel forth herein.
ISSUANCE OF WORK DIRECTIVE (UNILATEML),
ln the event of a dispule as to whether or not Extra Work is required, City shall have the righl to unilaterally
issue a Work Directive; Contraclor shall conlinue performance of disputed Work pending resolution and shall
maintain and submit to City all accounting and cost data necessary to substantiate Contracto/s cost of such
disputed Work.
[END OF ARTICLE]
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7.01
ARTICLE 7 - CONTRACT PAYMENTS AND CI.AIMS
GENEML
A. Payment will be made at the price for eaci item listed on the bidding form or as Extra Work as provided
in the General Cond ions.
B, lnitial progress payment will not be made prior to appoval by the Director of the Schedule of Values,
the Construction Progress Schedule, and the Schedule of Submittals.
C, No subsequenl progress payment wrll be made prior to receipt by the Direclor of the monlhly revision
of the Conslruclion Progress Schedule,
SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upn City's request, the lhree (3) lowest bidders shallmmplete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.
ln addilion, Contractor shall complete and fumish wthin seven (4 calendar days after receiving the
Notice of Award of the Conslruction Contract a Final Schedule of Values giving a complete
breakdown of the Contract Sum for each componenl of the Work.
Content
The Schedule of Values shall be in sufflcient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the performance of the Work. Unless otheMise
specified in lhe Contmct Documents, the Schedule of Values shall include, without limitation, a
breakdown ol the general categories of Subcontractor work, direct overhead, profit and contingency,
and a lurther breakdown of the general categories of Subcontractor work into separate lrade line
items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor
contract, submntract, purchase order or vendor prices. lf requested by Director, Contractor shall
revise the Schedule of Values to allocate sums for Contraclor overhead, profit and/or ontingency
among lhe individual line items for trade portions of the Work. No amounts shall be reflecled in lhe
Schedule ol Values or Applicalion for Payment for Extra Work or Deleted Wo* for which a Change
Order has nol been execuled by Contractor and City or for which a Construclion Change Directive
has not been issued by City. Amounls that have been mutually agreed to by Change Order or
unilaterally determined by City pursuant to a Construclion Change 0irective shall be segregated from
the cost of the base Contract Work and separately listed by line item in the Sdledule of Values. The
Schedule of Values must be prepaEd in sufficienl detail and supported by sufficient dala to
substantiate its accuracy as the Direclor may require.
Applications for Pavmenl
The Schedule of Values, when approved by the Director, shall be used as a basis for Conlraclo/s
Applications for Paymenl and may be considered as fixing a basis for adjustments to the Contract
Sum.
Revisions
lf, at any time, it is determined that the Schedule of Values does not allocale the Conlracl Sum in a
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manner that reasonably and fairly reflects the actual msts anticipated to be progressively incuned
by Contractor, it shall be revised and resubmined for lhe Directo/s approval.
APPLICATIONS FOR PAYMENT
A, Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.018 below forthe monthly progress payment
meeting, Contractor shall submit to Director a mpy of the poposed Schedule of Values, marked to
show the percentage of mmpletion certified by Contractor for each line ilem in the Schedule of
Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D,
below and any withholdings from Contractor propsed by Director.
B. Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet wilh the
Director on or before the t$€ntieth (20th) day of each month to review the Contraclo/s marked
Schedule of Values prepared in accordance wilh Paragraph 7,01A, above. The Director shall revise
as appropriate and sign the marked Schedule of Values to verily such review. lf any item in the
marked Schedule of Values submitted for payment is disputed dunng this review, Conlractor agrees
to use its best etforts to rcsolve the disputed items with the Director before submining its Application
for Payment. lf the Director and Contractor cannot ag€e, then the percentage completion shall be
established at such percentage as the Director, in good faith, detemines is appropriate to the actual
progress of the Work. No inaccuracy or enor in lhe Director's good faith estimate shall operate to
release Conlractor or Surety from any responsibility or liability arising ftom or related to performance
of the Work, The Director shall have the right subsequently to conect any enor and dispute any item
submitted in Conkaclo/s Apdication for Paymenl, regardless of whether an item was identified as
disputed in the review process provided for herein.
C. Certification
Each Application for Payment shall be signed and certified by Contraclor under penalty of perjury to
City that:
1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Conkacto/s knowledge, information and belief, lhe Work is in accordance with the
Conkact Documents;
3. Contraclor is entilled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account of Work pedormed by Subcontractors
and that have been paid by City have been paid to the Subconlractors performing such Work,
withoul any retention, withholding or backcharge by Contractor.
D. Stored Materials
Payments may be made by City, at its discretion, on accounl of materials or equipment not
incorporated into the Work but delivered on lhe ground at the Site and suitably stored by Contractor
or stored off-Site under the control of City. Such payments shall only be mnsidered upon submission
by Contractor of satisfaclory evidence that it has acquired title to same, that the materialor equipment
will be utilized in the Work and that the material is satisfaclorily stored, protected and insured, and
7.U
thal such olher procedures are in dace satisfactory to City to protect City's interests. To be
considered for payment, materials or equipment stored off-Site shall, in addition lo the above
requirements and unless otherwise specifically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection. City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time,
PROGRESS PAYMENTS
A. Conditions to Progress Payments
Contractor shall submit its Application for Payment to lhe Director, using such forms as required by
City, once a month on or before the lirst (1st) Day of the month lollowing lhe month in which lhe
Work that is the subjecl of such Applicalion for Payment was performed. Without limitation to any
other provisions of the Contract Documents, the following shall be conditions precedent to a proper
submission and to the Director approval of each Application for Payment:
1 . submission of a Schedule of Values that reflects the percentages of completion either agreed to
or determined by Director in accordance wrth Paragraph 7.03-8, above;
2. submission of lhe Contracto/s cerlification required by Paragraph 7.01C, above;
3. submission of conditional releases ol stop nolice, if any, and bond rights upon progress
payment, complying with California Civil Code Section 8132, for all Work performed during the
time priod covered by the cunent Application for Payment, signed by Contractor, its
Submntractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon prcgress payment, complying with Calrfomia Civil
Code Section 8134 for all Wo* performed during the time period covered by lhe previous
Application for Payment, signed by Contractor, its Subcontractors of every tier and all material
suppliers lo each;
4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Conkact Doo:ments;
5. mmpliance by Contractor with its obligation for submission ot monthly and daily reports as
required by the Contract Documents;
6. compliance by Contractor with its obligalions for submission of scheduling informalion and
updating of the Construction Schedule as required by Arlicle 4, above and other provisions of
the Contract Documents pertaining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Conkact Documentsi
8, submission of certifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreemenls cerlifying that all employee benefit contributions due and
owing pursuanl to any applicable collective bargaining agreement have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission of documentation or
performance of conditions which, by the terms ofthe Contract Documenls, constitute condilions
lo Contracto/s right to 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 after receipt by Director of an undisputed and properly
submitted Application for Payment, calculated on lhe basis of ninety-five percent (95%) of value
determined pursuant to Paragraph 7.01B above of the following:
1 . the prtion of the Work permanently installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.0!D, above,
3. less, the aggregate ol previous payments, and
4. less, any other withholdings authorized by the Contract Doarments.
Rejection by City
Any Application for Payment determined not to be undisputed, proper and suitable for payment shall
be returned to Contraclor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why lhe paymenl request was rejected.
Failure by City or Director to either timely reject an Application for Payment or specify any grounds
lor rejection shall not constitute a waiver of any rights by City. Applications lor Payment thal are
rejected shall be conected and resubmitted within seven (7) Days after receipt by Contractor,
lnterest
lf Cily fails to make a progress paymenl to Conkactor as required by Paragraph 7.04-8, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in suMivision (a) of Califomia
Code ol Civil Procedure Section 685.010, The number of Days available to City to make payment
pursuant to Paragraph 7.04-8, above without incuning interest pursuant to this Paragraph shall be
reduced by the number of Days by which City exceeds the seven (7) Day retum requirement
applicable to City as set Iorlh in Paragraph 7.04-C, above.
FINAL PAYMENT
A. Retention
ln addition to withholdings permitted by Paragraph 7.09 below, a sum Eual to five percent (50/o) of
all sums otheMise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-B from each progress paymenl ('Retention') and retained untilsuch time as il is due
as described herein. A higher Retention amount may be approved by the City Council where proiect
is deemed "substantially complex" by City Council. Conditions to Final Payment
Contractor shall submit its Application lor Final Payment, using such forms as required by oirector,
prior to requesling a final inspection ol the Work in accordance with Paragraph 3.06 above. Such
Application for Final Payment shall be accompanied by all the following:
1. an affldavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's properly or funds might be liable have been paid or
othen^/ise satisfied,
2. Contractor's ce(iflcation as required by Paragraph 7.03-C, above;
3. consent of surely, if any, to Final Payment;
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4, a certificate evidencing that the insurance required by the Contracl Documents is in force;
5. Conditional Waiver and Release Upon Final Paymenl in the form required by Califomia Civil
Code Section 8136 executed by Contractor, all Subconlractors of every tier and by all malerial
suppliers of each, covering lhe final payment period;
6, Unconditional Warver and Release Upon Progress Payment in the form required by California
Civil Code Section 8136 executed by Contractor, all Subcontractors of every lier and by all
material suppliers of each, covering the previous payment penod;
7. all Record Documents (including, wilhout limitation, complete and accurate As-Built drawings
which shall be kept up to date during the performanc€ of the Work);
L documenlalion that Contractor has inspected, tested, and adjusted performance if every system
or facility of the Work to ensure lhat overall performance is in mmpliance with the terms of the
Contract Documenls;
9, lour (4) copies of all wananties from vendors and Subcontractors, operation and mainlenance
manuals, instructions and related agreements, and equipment certifications and simrlar
documents;
10, certifications by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benefit contributions due and owing pulsuant to any
applicable collective bargaining agreement have been paid in Iull;
1 1. releases of rights and claims relating lo patenls and trademarks, as required by the Contract
Documents; and
12. any olher documents or inlormation required by the Contract Documents as a @ndition ol Final
Payment or Final Completion.
Final Payment
Pursuant to the Public Contract Code Section 7'107, within sixty (60) Days after City issues lhe Notice
of Completion to Contraclor, the Final Payment, including Retention, shall be released to Contractor,
subject to the City's right to withhold '150% of any disputed amounts.
Disputed Amounts
Pursuant to California Public Contract Code 7107, Cily may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% of any dispuled amounts,
including, without limitation, amounts to protect City against any loss caused or lhrealened as a result
of Contracto/s failing lo fully perform all of those obligalions thal are required to be Iumlled by
Conlractor as a condition lo Final Completion and Final Payment. Altematively, City may elect, in its
sole discretion, to accept the Work without conection or completion and adiust lhe Contract Sum
pursuant to the Contract Documents,
Acceptance of Final Payment
Acceptance of Final Payment by Contractor shall conslilule a waiver of all rights by Conlractor
against Cily for recovery of any loss, excepting only those Claims that have been submined by
Conlractor in the manner required by the Contract Documents prior to or at the time of the Final
Payment.
D,
706 MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue ioint checks made
payable to Conkactor and any Subcontracto(s) of any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement of funds included as part ol 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 event shall any joint check payment be construed to create any
contract between City and a Subcontractor of any Tier, any obligationfrom City to such Subcontractor
or any third party rights against City or Director.
B. Withholding/Duty to Poceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Contractor shall nol operate in any way to relieve Contractor fmm its obligations under the
Contract Documents. Conkactor shall continue diligently to pmsecute the Work without reference
to the payment, wilhholding or retention of any payment, The partial payment, withholding or
retention by City in good .faith of any disputed portion of a payment, whether ultimately determined
to be conectly or inconectly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds for an adjustment of the Contracl Sum or Contract Time.
C. No Acceptance
No payment by Cily or partial or entire use of the Work by City shall be mnstrued as approval or
acceptance of the Work, or any portion lhereof.
D. Contractor Payment Wananty
Submission of an Application for Payment shall constilute a represeotation and wananty by
Contractor that:
'1. Tille to Work covered by an Applicalion for Payment will pass to City either by incorporation inlo
the construclion or upon receipt of payment by Contractor, whichever occurs first; and
2. Work mvered by previous Applications lor Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Contractor or any other person.
E. Conections
No inaccuracy orenor in any Applicalion for Payment provided by Contractor shalloperate to release
Conlractor from the enor, or fom losses arising fom lhe Work, or from any obligation imposed by
the Contract Documents. City retains the right to subsEuently correct any enor made in any
previously approved Application for Payment, or progress payment issued, by adjustments to
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 paylo such Subcontrac{or. Upon receipt of payment from City, Contractor
shall pay the Subcontractor performing Work on the Project, out of the amount paid lo Conlractor on account
of such Subcontractor's portion of the Work, the amount to which said Submntractor is entided in accordance
with the terms of its contract with Contractor and applicable laws, including, without limitation, Califomia Public
707
Contract Code Seclion 7107. Contractor shall remain responsible notwithstanding a withholding by City
pursuant to the terms of these Contracl Documents, to promplly satisfy from its own funds sums due to all
Subconlractors who have perlormed Work lhat is included in Contracto/s Application for Payment. Contractor
shall, by appropriate agreemenl, require each Subcontractor to make payments to ils subconlractors and
material suppliers in similar manner. Crty shall have no obligation to pay or be responsible in any way for
payment lo a Subcontraclor of any lier or material supplier.
7,08 PAYMENTS WITHHELD
A. Withholding by City
In addition to any other amounts which City may have the right to retain under lhe Contract
Documents, City may withhold a sufflcient amount of any payment otherurise due to Contraclor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
Iollowing:
1. Third Party Claims, Third-party claims or stop notices filed or reasonable evidence indicating
probable filing of such claims or stop notrces. City shall pomptly inlorm Contractor of any third
party claims related to lhis Conlract;
2. Defective Wo*, Defective Work not remedied;
3. Nonpayment, Failure of Contractor to make proper payments to its Subcontractors for services,
labor, materials or equipment;
4. lnability to Complete. Reasonable doubt that the Work can be completed for the then unpaid
balance of the Contract Sum or within the Contract Timei
5. Violalion ol Applicable Laws. Failure ol Contractor or its Subcontraclors to comply with
applicable laws or lawful orders of governmental authorities;
6. Penalty. Any claim or penalty asserted against City by virtue of Contractois failure to comply
with applicable laws or lawful orders of govemmental authorities (including, without limitation
labor laws)i
7. Failure to lvleet Conlract Time. Any damages which may accrue as a result of Contractor failing
to meet the Construction Schedule or failing to perform wilhin the Contract Time;
8. Setoff. Any reason specifled elsewhere in the Conkact Documents as grounds for a withholding
offset or set off or that would legally enlitle City to a setdf or recoupment;
L Consultant Services. Additronal professional, consultant or inspection services required due to
Contraclor's failure to mmply with the Contract Documents;
10. Liquidated 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 Subcontractor to City, Separate Contractors or any
other person or entity under contract lo City;
13. Clean Up. Clean up performed by City and chargeable to Contraclor pursuant to the Contract
Documents;
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14. Employee Benefits. Failure ol Contractor 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 Contraclor to submit on a timely basis, proper and sulficient
documentation required by the Conlract Documents, including, without limitation, Construction
Schedule updates,'look ahead' schedules, Submittals, Schedules of Values, information on
Subcontractors, Change Orders, certifications and other requtred reports or documentation; and
'16. Other Breach. A breach ofany obligation or provision of the Contract Documents.
B. Release of Withholding
ll and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incuned orlhreatened have been paid, credrted or otherwise satisfied, then
payment shall be made for amounts wrthheld because of them.
C. Application of Withholding
City may apply sums withheld 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 paymenls may be
made withouta priorjudicialdelermination of City's actual rights with respect to such loss. Contractor
agrees and hereby designates City as its agent for such purposes, and agrees that such payments
shall be mnsidered as payments made under C,onstruction Contract by City lo Contractor. City shall
not be liable to Contractor for such payments made in good faith. City shall submil to Contractor an
accounling of such funds disbursed on behalf of Contractor. As an altemative to such payment, city
may, in s sole discretion, elect to exercise its right to adjust the Contract Sum as pmvided in the
Contract Documents.
D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall
maintain continuous and unintenupted perlormance of the Work during the pendency of any disputes
or disagreements with City.
SUBSTITUTION OF SECURITIES
A. Public Conkact Code
Pursuant to the requirements of Calrfomia Public Contract Code Sec{ion 22300, upon Contracto/s
rquest, City will make payment to Contraclor ol any Iunds withheld from payments to ensure
performance under the Contract Documents if Contraclor deposits wilh City, or in escrow with a
Califomia or federally chartered bank in Califomia acceptable to City ('Escrow Agent"), securities
eligible for lhe investment of State Funds under Govemment Code Sec{ion 16430, or bank or savings
and loan certificates of deposit, interest-bearing demand deposit accounts, standby letlers of credil, or
any other security mutually agreed to by the Contractor and the City, upon the following conditions:
1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the
purpose of receiving any interest thereon.
2. All expenses relating to the substitution of secunties 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 certiticates ofdeposil substituted for monies withheld shall be of a value of at leasl
equivalent to the amounts of retention to be paid to Conlraclor pursuant to the Contract
Documents.
4. lf Conlractor chooses to deposit securities in lieu of monies withheld with an Escmw Agent,
Conlractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow
agreemenl, using the Citys form,'Escow Agreement ,or Deposit of Securities in Lieu of
Relention."
5. Contactor shall obtain the written consent of Surety lo such agreement.
6. Securities, if any, shall be retumed to Contractor only upon satisfactory Final Completion ol lhe
Work,
Substilute Security
To minimize lhe expense caused by such subslitulion of securitres, Contractor shall, prior to or at the
lime Contractor rEuests to substitute security, deposit sufficient seornty to cover the entire amount to
be withheld, Should the o.,nent markel value of such subdirubd seorrity fall below the arnount for
which it was substituted, or any olher amounts which the City withhoHs pursuant lo the Contract
Documents, Contractor shall immediately and at Contraclo/s expense and al no cost to City deposil
additional security qualifying under Public Contract Code Section 22300 until the curent market value
of the lotal seflrity deposited is no less than the amount subject to withholding under the Contract
Documents. Secunlies shall be valued as often as conditions of the securitres market wanant, but in
no case less frequently than once per month.
Deposrt ol Retentions
Alternatively, subject to the mnditrons set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions direclly lo Escrow Agent al lhe expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enler inlo an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At
the expense of Contractor and at no cost to City, Conlractor may direct he investment of the
payments inlo securilies and interest bearing accounts, and Contraclor shall receive the interest
eamed on lhe inveslmenls. Escow Agenl shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of
the Work, Contractor shall receive from Escrow Agenl all securilies, interesl and payments received
by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Conlracl Documents.
Time lor Eleclion of Substrtution of Securities
Notwithstanding the povision 017.04 A, B, and C above and Califomia Public Contract Code Section
22300, the failure of Contractor to requesllhe Substitution of eligible securitres for monies to be withheld
by Crty within ten (10) days of lhe award ol Conlrac{ to Contractor shall be deemed to be a waiver ot
all such rights.
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A. Arising ol Claim.
1.Scop Change. \ryhen Contractor has a claim for an increase in the Contrrcl Sum or Contract
Time due to a scope change which has nol yet become final, a'claim'will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the Contractor's Change
Order Request,
Other Claims. ln the case of a Claim by Contrmtor that does not involve an adjuslment to lhe
Contract Sum or Contract Time due to a scope change and which has not become final, lhe
Claim may be asserted rf, and only if, Contractor gives wntten notice lo City ol intent lo file lhe
Claim wilhin lhree (3) days of the date of discovery relative to suci circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice ol intent to file a Claim
shall be valid if, and only if, it identilies the evenl or mndition giving nse to the Claim, states its
probable eflect, it any with respect to Contracto/s enlitlement to an ad,ustment ol the Conlract
Sum or Conlract Time and complies with the requirements of Paragraph 7.11-B, below. For
purposes of this Paragraph 7.11 , a Claim for which such written nolice is required and has been
given by Conlractor shall be deemed to arise on the date that such wrinen notice is received by
City
Content of Claim
A Claim by Contraclor must include all of the following:
A statement thal it is a Claim and a request lor a decision on the Claim;
A detailed description of the act, enor, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
lf the Claim involves an adjustment to the frntract Sum or Conlract Time due to a change in
scope, a statement demonstrating thal all requisite notices were provided, including, without
limitation, timely written notrce and a Change order Request as required by Article 6 ol these
General Conditions and timely notice of delay and requesl for extension of time in ac@rdan@
with Article 3, lf the Claim does not involve an adiustment to the Contract Sum or Contract Time
due to a change in scope, a statement demonstrating that a notice ol inlent to file the Claim was
limely submitted as required by Paragraph 7.1GA.2, abovei
A detailed justification for any remedy or relief sought by the Claim including withoul limitation,
a detailed cost breakdown in the form' required for submittal of Change Order Requests and
actual lob cost records demonstraling lhat the costs have been incuned;
lf lhe Claim involves a request for adjustment of the Conlract Time, wntten documenlation
demonstraling that Contractor has complied with the requkements of the Contract Documents
and wntten substantiation (including, without limitation, a Time lmpact Analysis) demonstrating
that Contractor is entitled to an extension of time under the Contract Doarmentsi and
A writlen certilication signed by a managing offlcer of Contractor's organizalion, who has the
authority to sign contracts and purchase orders on behatf of Contractor and who has personally
investigated and confirmed the lruth and accuracy of the matlers set forth in such certilication,
in the 'following form:
1.
2.
3
4.
'l hereby certify under penalty ol peiury lhat I am a managing officer of (Contractor's name) and
that I have reviewed the Claim presenled herewith on Contracto/s behatf and/or on behalf of
(Subcontracto/s name) and that, to the besl of my knowledge after conducting a diligent inquiry
into the facts of lhe Claim, the following statements are true and conect:
The facts alleged in or that form the basis for lhe Claim are, to the best of my knowledge
following diligent inquiry, true and accurale; and,
I do not know of any lacls or circumstan@s, not alleged in the Claim, that by
reason ol their not being alleged render any fact or statement alleged in the Claim
materially misleading; and,
I have, with respect to any request tor money or damages alleged in or lhat forms
the basis for the Claim, revievred the job cost records (including those maintained
by Contraclor and by any Subcontractor, of any tier, that is asserting all or any
portion of the Claim) and mnfirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subconkaclor were in fact sutfered
in the amounts and for the reasons alleged in lhe Claim; and,
I have, with respect to any requesl for exlension of time or claim of delay,
disruption, hindrance or interference alleged in or lhat foms lhe basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and
conlirmed on an evenhby€vent basis that the delays or disruption suffered by
Contractor and/or such Subcontractor were in facl experienced for lhe durations,
in the manner, and with the mnsequent effecls on the time and/or sequence of
performance of lhe Work, as alleged in the Claimi and,
I have not received payment fmm City for, nor has Contractor previously released
City trom, any portion of the Claim,'
Signalure:
Name:
Title:
Company
Nonmmpliance
Failure to submit any of the information, documentation or certrfications required by Paragraph 7.10-
B, above, shall result in the Claim being retumed to Conkactor without any decision.
Submission of Claims
1. Director, Claims shall be first submitted lo the City for decision by the Director.
2. Conlinuous Work. Notwilhstanding the making ol any Claim or the existence of any dispute
regarding any Claim, unless otpnrvise directed by City, Contractor shall nol delay, slow or stop
perlormance of the Work, but shall diligently proceed with performance in accordance with the
(a)
(b)
(c)
(d)
c
D
Date:
E
Contract Documents and City will mntinue, to make undisputed payments as by the Contract
Documents.
3, Time for Filino. All Claims and supporting documentation and certifications musl be |iled within
lhirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with
the requirements of this Paragraph 7.'10-D, which shall be considered conditions precedent to
Contractor's right to assert the Claim and lo initiate the Dispute Resolution Process with respect
to such Claim,
Response lo Claims, Meet and Confer
1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
within Iorty-five (45) days of receipt of the Claim, unless Crty requests additional information or
documentalion of the Claim within lhi(y (30) days ol receipt of the Claim, in which case City
shall respond to the Claim within frfleen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by ftntractor in producing
the additional inlormation or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in Miting within
(60) days ol receipt of the Claim, unless City requests additional information or documentation
of the Claim within thi(y (30) days of receipt of the Claim, in which case City shall respond to
the Claim within thirty (30)days after receipt of the fu(her information ordocumentation or within
a period of time no greater than that taken by Contractor in producing the additional information
or documentalion, whichever is grealer.
3, Meet and Confer, lf Contractor disputes Citys response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7 .10-E.2, above, Contractor may so notify
City, in writing, within flfteen (15) days ol City's response, or within fifteen (15) days of City's
response due date in lhe evenl of a failure to respond, and demand an informal conlerence to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule
a meet and confer conference within thirty (30) days of such demand, for discussion of
settlement of the dispute.
Finality of Decision
lf Contractor disputes the Directo/s decision under this Article, it shall commence the Dispule
Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of
Dispute wrthin seven (7) days afler receipt of the Directo/s response.
Continuing Contract Perlormance/Duty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a daim, the Contaclor shall proceed diligently with
performance of the Contret and lhe C y shall mntinue to make payments for undisputed Work in
accordance with the Contract Documents. ln the event of disputed Work, City shall have the righl to
unilaterally issue a Work Directive and Contraclor shall continue performance pending resolution of the
dispute and shall maintain the accounling and cost data to subslantiate the cost ol such disputed work.
F,
(l
[END OF ARTICLEI
801
ARTICLE 8 - MATERIATS AND EOUIPMENT
GENEML
A. The Contraclor shallfumish all materials and equipment needed to complete the Wo* and installations
rEuired under the terms of this Contract, except those matenals and equipmenl specified to be
fumished by the City.
B. The Contractor shallsubmit satisfaclory evidence thatthe malerials and equipment lo be fumished and
used in the lvork are in mmpliance wilh the Specilications. Materials and equipment incorporated in
the Work and not specifically covered in the Specifications shall be the best of their kind. Unless
othen se spcified, all matenals and equipment incorporated in the Work underthe Contract shall be
new.
QUALITY AND WORKMANSHIP
All material and equipment fumished by the Contractor shall be new, high grade, and free from defects and
imperfections, unless olhemrse hereinafter specified. Workmanship shall be in accordance with the best
standard praclices. All materials and equipment musl be ofthe specified quality and equal to approved samples,
rf samples have been required. All Work shall be done and completed in a thoough, workmanlike manner,
notutithstanding any omission hom the Specifications or Drawrngs, and it shall be the duty of the Contractor to
call attenlion to apparent enors or omissions and request instructions before proceeding with the Work. The
Directormay, by appropriate inslructions, mnect enors and supply omissions, which instructions shall be binding
upon the Contractor as though contained in the original Spcifications or Drawings. All Work performed under
the Speciflcations will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment
Iumished and allWork done must be satisfactory to the Dircctor. Work, material, orequipment not in accordance
wtth the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials
and Euipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be
immediately removed from the vicinity of the Work.
TMDE NAMES AND 'OR APPROVED EQUAL' PROVISION
Whenever in the Specificalions or Drawings the name or brand of a manufaclured article is used il is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the product is
designaled to match others in use on a parlicular improvement either completed or in the course of completion,
lhe Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on
approval of the Direclor, provided the use of such brand or manufaclure involves no additional mst to the City.
APPROVAL OF MATERIALS
A. The Contraclor shall fumish without addilional cost to the City such quantrties ol construction materials
as may be rEuired by the Director Ior test purposes. Hdshe shall place at the Directo/s disposal all
available facilities for and moperate wilh him in the sampling and testing of all materials and
workmanship. The Contractor shall prepay all shipping charges on samples, No samples are to be
submitted with the bids unless othenrise specified.
B. Each sample submitted shall be labeled. A letter, in duplicale, submtting each shipment of samples
shall be mailed lo the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the malerial represented, rls place of origin, the names of the producer and
the Contractor, the Specifications number and litle, and a reference lo the applicable Drawings and
Specifications paragraphs.
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C. Materials orequipment of which samples are required shall not be used on the Work until approval has
been given by the Director in witing. Appmval of any sample shall be only for the characteristics of the
uses named in sudr approval and no other. No appoval ol a sample shall be taken in itsetf to change
or modify any Contract requirement.
D. Failure of any material lo pass lhe specified tests, including life cycle maintenance data may be
sufficient cause for refusal lo mnsider under this Contract, any furlher sample of the same brand or
make ol lhat material.
ORDERING MATERIALS AND EOUIPMENT
One mpy ofeach ofthe Contracto/s purchase orders for malerials and equipment forming a portion of the Work
must be fumished to the Director, if requested. Each such purchase order shall contain a siatement that the
materials and equipment included in the order are subiecl lo inspection by lhe City. Materials and equipment
purchased locally will, at the Citys discretion, be inspected at he point of manuf ture or supply, and materials
and equipmenlsupplied from points outside the Los Angeles area will be inspecled upon anivalatthejob, except
when olher inspeclion requirements are provided for specific malenals in other sections of the Contract
Documents.
AUTHORITY OF THE DIRECTOR
A. On all questions mnceming the acceptability ot materials or machinery, the classilication of malerials,
the execution ofthe Work, and mnflicting inlerests of Contractors performing related work, the decision
of the Director shall be final and binding.
B. The Director will make periodic observations of malerials and completed u/ork lo observe their
mmpliance wilh Drawings, Specificalions, and design and pJanning concepts, but he/she is not
responsible for lhe superintendence ofconslruction processes, srte mndftions, operations, equipment,
personnel, or lhe maintenance of a safe place to ',\ork or any safety in, on, or about lhe site ol work.
INSPECTION
All malerials fumished and work done under lhis Contract will be subject to rigid inspeclion. The Contractor shall
furnish, wilhout extra charge, the necessary test pieces and samples, rncluding facilities and labor for obtaining
them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have
access to all parts of the shop and the 'rorks where such matenals under his/her inspection is being
manufaclured or the work performed. Work or material thal does not conlorm to the Specificalions, although
accepted through oversight, may be rejected at any stage of the Work. Vvhenever the Contractor is permitted or
directed to do night work or to vary the period during which \,\ork is canied on each day, he/she shall give the
Direc{or due notice, so that inspection may be provided. Such uork shall be done under regulations to be
furnished in writing by the Direc{or.
INFRINGEI\4ENT OF PATENTS
The Contractor shall hold and save the City, ils officers, agenls, servants, and employees harmless from and
againsl all and every demand or demands, of any nature or kind, for or on account of lhe use of any patented
invenlion, process, equipment, article, or appliance employed in the execution of lhe Work or included in the
matenals or supplies agreed to be fumished under this Conkact, and should the Contractor, his/her agents,
servants, or employees, or any ofthem, be enjoined ftom fumishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the
Contraclor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or
appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all
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respects to the Director. 0r in the event that lhe Director elects, in lieu of such substitution, to have, supplied,
and to retain and use, any sr.rch invention, process, equipment, artide, 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, seruants, and employees, or any of them, to use such invention, process, Euipmenl, arlicle, matenals,
supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on
acmunt lhereof. Should the Contractor neglect or refuse pomptlyto make the substitution hereinbefore required,
or to pay such royalties and secure such licenses as may be necessary and rEUisite for the purpose aforesaid,
then in thal event the Director shall have the right to make suci subslitution, or the City may pay such royalties
and secure such licenses and charge the cost thereof against any money due the Conlraclor from the City, or
recover the amount thereof from hirn/her and his/her surety, notwithstanding final payment under this Contract
may have been made.
IEND 0F ARTTCLEI
ARTICTE 9 - SUBMITTALS
901 GENEML
The Contractor shallsubmit samples, drawings, and data for the Directois approvalwhich demonstrate
fully that the mnslruclion, and the materials and equipment to be fumished will comply with the
provisions and intent of the Drawings and Specifications.
Specific items to be overed by the submittals shall include, as a minimum, the following:
1.For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and sdredules necessary.
For conduits, submit a detailed layout of the conduil with details of bends and fabricated
specials and fumish any other details necessary. Show location of shop and field welds.
For equipment which requires electrical service, submit detailed information to show pwer
supply rEuirements, wiring diagrams, control and proteclion schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufaclure/s
recommendation of the interfaceiintedock among the equipment.
For mechanical equipment submit all data pertinenl lo lhe installation and maintenance of
the equipment including shop drawings, manufacture/s remmmended installation
procedure, detailed inslallation drawings, test data and curves, maintenance manuals, and
other details necessary.
Samples
Colors
Substitutions
Manuals
9. As-buill drawings
10. Safety plans required by Article 10
PRODUCT HANDLING
Submittals shall be accompanied by a lener of transmittal and shall be in strict accordance with the
povisions of this Article.
B. Submit priority of processing when apEopriate.
SCHEDULE OF SUBMITTALS
A. The Contraclor shall prepare and submit a schedule of subminals. The schedule of submitlals shall be
in the form of a submittallog. Reler to Paragraph 9.12.
B
4
2
3
5.
b.
7.
o
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903
904 SHOP DRAWINGS
A. All shop drawings shall be produced to a scale su{iiciently large to show all pertinent features of the
item and its method ol mnnection to the Work.
B. All shop drawing prints shall be made in blue or black line on while background. Reproductions of
City/Contract Drawings are not acceptable.
C. The overall dimensions of each drawing submined to the Direclor shall be equal to one of the City's
standard sheet sizes as listed below. The litle block shall be located in the lo$/er rllhl hand comer of
each drawing and shall be dear of all line Work, dimensions, details, and noles.
Sheet Sizes
Heioht X Width
11'.X8112"
11" X17'
24" X 36'
wx4z
COLORS
Unless the precise color and pattem are specified elsewhere, submil accurate color charts and pattem charts to
the Director for his/her review and selection whenever a choice of color or pattem is available in a specified
product. Label each chart naming the source, lhe proposed location of use on the project, and the project.
MANUFACTURERS' LITEMTURE
Where mntents of submitted literature from manulacturers includes data not pertinent to the submittal, cleady
show which portions of the mntents are being submitted for review,
SUBSTITUTIONS
A. The Contract is based on the matenals, Euipment, and methods described in the Contract Documents.
Any Contraclor poposed substitutions are subjecl lo the Direclor's approval.
The Director will consider poposals for substitution of matenals, equipment, and methods only when
suctr proposals are accompanied by full and complete technical data, and all other informalion,
including life cycle maintenance data, required by the Director to evaluate the proposed substitulion.
B. Any requests for substitutions by the Contractor must be made wilhin forty-five (45) calendar days fom
the lssuance Date on the Notice to Proceed. Olherwise, such requests will not be mnsidered.
C. Trade names and'or approved equal' provision as sel forth in Paragnaph 8.03.
MANUALS
A. When manuals are requied to be submitted covering rtems included in this Work, prepare and submit
such manuals in approximately &1 2' X 11' fomal in durable plastic binders. ln addition, manuals
shall be submitted in electronic format. Manuals shall contain at least the following:
1. ldentrlication on, or readable through, the front cover stating general nature of lhe manual.
2. Neatly typewntten index near the front of the manual, fumishing immediate inlormation as to
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locatron in the manual of allemergency data regarding the installation.
3. Complete instructions regarding operation and maintenance of all equipment involved.
4. Complele nomendature of all eplaceable parts, their part numbers, cunent cost, and name
and address of nearest vendor of parts.
5, Copy of all guarantees and wananties issued.
6. Copy of drawings wittl alldata conceming dranges made dunng construction.
B. Where contents ol manuals include manufelurers' catalog pages, cleady indiete tE precise items
included in this installatlon and delete, or oihenrvise deady indicate, all manufelurers' data with which
this installation is not concemed.
A$BUILT DMWINGS
A. When required to be submitted covering items induded in this Work, he Contractor shall ddiver to the
City one mmplete set of final As-Built hard copy drawings together wih a set of AutoCAD dawing files
in eleclmnic Iormat showing mmpleted buiHing, 'as-builf for City records before he Contract will be
accepted by the City.
B. The drawings shall be duplbates and at lhe same size and dimensional scale as the originals. They
shallbe on a polyester translucent base materialwith a minimum sheet hickness of .m3 inch (.08mm).
C. The legibility and contrast of each drawing submitted to the City shall be such hat every line, number,
letter, and characler is clearly readaUe in a full size blow back from a 35 mm microlilm negative of the
drawing.
SUBMITTALS QUANTITIES
A. Submil seven (7) co;ies of all data and drawirps unless sp€cified ohemise.
B. Submit allsamples, unless specified ohenvise, in the quantity to be retumed, plus h,\o, wtlich will be
retained by he Direc{or.
IDENTIFICATION OF SUBMITTALS
Completely identify eadl submitlal and r+submittal by showing at least the following information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
mntacled for furlher information.
B. Name of poiect as it appears in the Contrel Doflrnents and Specification No.
C. Drawing number and Specifications seclion number other than this section to which the submittal
applies.
Whether this is an originalsubmittal or r+submitlal.
For samples, indicale the source of the sample.
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D.
E.
9.12 SCHEDULEOFSUBMITTALS
A, Submit initial sdedule ol submittals within five (5) Wo ing Days after t'rc lssuance Date on Notice to
Proceed.
B. Submit revised schedule of submittals wilhin five (5) Working Days afler dale of request fom the
Director.
C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable
or not acceptable within five (5) Working Days after receipt.
9.13 COORDIMTION OF SUBMITTALS
A, Prior to submittal for the Direclo/s review, use all means necessary to fully mordinate all material,
including the following procedures:
1. Determine and verify all field dinensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as equired with all trades and with all public agencies involved.
3. Secure all necessary appovals ftom public agencies and others and signify by stamp, or oher
means, that trhey have been secured.
4. Clearly indicate alldeviatons from the Specifications,
L Unless otheMise specifically permitted by the Dircctor, make all submittab in gmups containing all
associated items; the Direclor may rejec{ partral suhnrttals as not complying with the pmvisions of the
Specifications.
9.14 TIMING FOR SUBMITTALS
A. Make allsubrnittals far enough in advance of scheduled dates o, installation lo povide all required time
lor revieun, for securing necessary approvals, for possible revision and Bsubmittal, and for placing
orders and sedring delivery.
B. ln schedullng, allow at least 15 Working Days for the Direclo/s review, plus the transit trme to and fmm
the City office.
C. Manuals shall be submitted prior to performing functional tests.
9.,I5 APPROVAL BY CITY
A. Up to three (3) mpies of eadl submittal, except manuals, sdEdule of costs tor progress payments,
and as-built drawings will be retumed to the Contraclor marked'No Exceptions Taken,"Make
Coneclions Noted - Do Not Resubmit,' or'Make Corcciions Noted - Resubmit.' Manuals, schedule of
costs, and as"built drawings will be retumed for psubmittal if incomdete or unacceptable.
B. Submittals marked 'Approved as Noted' need not be resubmitted, but the notes shall be folloucd.
C. lf submittal is retumed for conection, it will be marked to indi:ate what is unsatisfaclory.
D. Resubmit revised drawings or data as indicated, in five (5) copies.
E. Approval of each submittal by he Direclor will be general only and shall not be conslrued as:
1. Permitting any departures ftom the Specmcations requirements.
2. Relieving the Contraclor of the responsibility for any enors and omissions in details, dimensions,
or ol other nature that may exist.
3. Approving departures frcm additional details or instuc{ions geviously fumished by the Direclor.
9.16 CHANGES TO APPROVED SUBMITTALS
A. A r+submittal is required for any proposed change to an approved submittal. Changes whid require
r+submittal indude, but are not necessarily limited to, drawing revisions, changes in materials and
equipmenl, installation procedures and lesl data. AII r+submittals shall include an explanation ol the
necessity for the ciange.
B. Minor conections to an approved submittal may be accomplished by submitting a 'Conected Copy".
IEND OF ARTTCLEI
ARTICLE 10 - SAFETY
10,01 PROTECTION OF PERSONSAND PROPERTY
A. Contracto/s Responsibility: Notwithstanding any other provision of the Contract Documents, the
Contractor shall be solely and complelely responsible Ior conditions of the iob sile, including safety of
all persons and property, during performance of the Work. This requirement willapply mntinuously and
will not be limited to normal!\orking hours. Safety and sanitary provisions shallconform to all applicable
Federal, State, County, and local laws, regulations, ordinances, standards, and codes, \iy'here any of
these are in conflicl, lhe more stringent requirement shall be followed.
B, Sanilary Facilities. The Contractor shall fumish and maintain sanitary faolities by the worksites for the
entire construction period.
C. Proteclion of lhe Public. The Conlractor shall lake suctr steps and pre€utions as his/her operations
wanant to protect the public from danger, loss of life, loss of property or inlenuplion of public services.
Unforeseen conditions may arise which will require thal immediate provisions be made to protect the
public fmm danger or loss, or damage to life and property, due directly 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 precaulion of public safety, protection of utilities and/or protection of
adjacent structures or property, the Direclor will order the Conlractor to provide a remedy for the
condition. lf the Contractor fails to act on the situation within a reasonable time priod as determined
by the Director, or in the event of an emergency situation, the Director may provide suitable protection
by causing such work to be done and matenal to be furnished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and expense of all repairs (including labor and materials)
as are deemed necessary, shall be bome by the Contraclor. All expenses incuned by the City for
emergency repairs will be deducted fmm the final payment due to the Contractor,
10.02 PROTECTION FROM HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin unlil the Conlractor has received
approval from lhe Director of the Contracto/s detailed plan for \,lorker protection from the hazards of
caving ground during the excavation of such trench. Such plan shall show the details of the design of
shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.
No such plan shallallowthe use ol shonng, sloping or protective system less effective than that required
by the Constructron Salety Orders of the Division of Occupational Safety and Health, and if such plan
varies ftom the shoring sptem standards established by the Construction Safety Orders, the plan shall
be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State
of Califomia.
B. Confined Spaces
Contractor shall mmply wilh all of lhe provisions of General lndustry Safety Orders of the Califomia
Code of Regulations. Entry of a confined space shall not be allorrved until the Contraclor has received
approvaltrom the Director of the Contracto/s program for confined space entry, Confined space means
a space thal (1) ls large enough and so configured thal an employee can bodily enter and pertorm
assigned Work; and (2) Has limited or restncted means for enlry or exit (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limiled means of entry); and (3)
ls not designed for continuous employee occupancy. Failure to submit a mnfined space entry program
may result in aclions as provided in Artide 5: 'Suspension or Termination of Contract."
C. Material Safety Data Sheet
Contmctor shall comply with all of the provisions of General lndustry Safety Oders of the Calrfomia
Administrative fue. The Contractor shall submit to the Direclor a Material Safety Data Sheet (MSDS)
for each hazadous substance proposed to be used, ten (10) dap pnor to the delivery ofsuch materials
to the job site or use of such materials at a manufacturing dant where the Director is to perform an
inspection. For materials which are lo be lested in City laboratories, the MSDS shall be submitted with
the sample(s). Hazardous substance is defined as any substance included in the list (Directo/s List)
ol hazardous substances prepared by the Director, California Department of lndustnal Relations,
pursuant to Labor Code Section 6382, Failure to submit an MSDS for any hazardous substance may
result in actions as provided in Article 5, 'Suspension or Termination of Contract",
10.03 DIFFERING SITE CONDITIONS
A. Differino Site Conditions Defined. The Conlractor shall promptly, and before such conditions are
disturbed, notify the Director in Miting of any Differing Site Conditions. Dfiering Site Conditions are
those conditions, located althe poectsite or in existing improvements and not othen ise ascertainable
by Contractor through the exercise of due diligence in the performance of its inspection obligations in
the ContEct Documents, en@untered by Contractor in diggirE trenches or other excavatioN(s) that
extend deeperthan four feet below the surface of the ground that constitute:
1. Materialthat the Contractor believes may be materialthat is hazardous waste as defined in Section
25117 of the Health and Safety Code, which is required to be removed to a Class l, Class ll, or
Class lll disposal site in acmrdance wrth pmvisions of existing law.
2, Subsurface or latent physical conditions at lhe site differing materially ftom those indicated in hese
Contrac{ Documents.
3. Unknovn physical mnditions al lhe site, of any unusual nature, different materially from those
ordinarily encountered and gererally remgnized as inherent in Work of the ciaracler povided for
in these Contract Documents.
B. Notice bv Contraclor. lf the Contractor encounters conditions it believes mnstitute Differing Site
Conditions, then notice of such mnditions shall, before such mnditions are disturbed, be pomptly
reported to the Director followed within twentyjour (24) hours by a further w tten notice stating a
detailed description of the conditions encountered.
C. The Director will promptly investigate the conditions and lf he/she finds that such conditions do
materially differ, or do involve hazardous waste, and do cause an increase or decrease in lhe
Contracto/s cost of, or time required for, perlormance of any part of the Work under this Contracl, an
equitable adjuslmentwill be made, as determined by the Director.
D. Chanoe Order Reouest. lf Contractor intends to seek an adjustment to the Contracl Sum or Contracl
Time based upon Differing Site Conditions, it must, within ten (10) Days afrerthe Discovery Date relative
to such mnditions, submit a Change Order Request setting forth a detailed cost breakdown and Time
lmpact Analysis, in the form required by A(icle 6 of these General Conditions, of the additional
Allowable Costs and Exosable Delay resulting from such Differing Site Conditions.
E. Failure to Complv. Failure by Contraclor to striclly mmply with the requirements ol this Paragraph
10.03 conceming the timing and conlenl of any notice of Differing Site Conditions or requesl for
adjustment in Contract Sum or Contract Time based on oiffering Site Conditions shall be deemed
waiver of any nght by the Contraclor for an adjustment in the Contract Sum or Contract Time by reason
of such conditions.
F. Final Comoletion. No claim by tihe Contraclor ror additional compensation for Dfiering Site Conditions
shall be allowed if asse(ed afta Final Payment.
G. ln the event of disagreement between the Contractor and the Director whether the conditjons do
matenally differ or whether a hazardous waste is involved or whether the mnditions cause an increase
or decrease in the Contcc{oi s cost ol, or time required for, performance of any parl of the Work, the
Conlractor shall not be excused from any mmpletion date requircd by the Contracl, but shall proceed
with all Work to be performed under the Conlract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this
Contract which pertain to the resolution of dispules and protesb.
l. Contractor Responsibilitv. Except as olhenrvise provided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or
unknown conditions, surface orsubsurface, at the Site or in Existing lmprovements, without adlustment
to the Contract Sum or Contract Time.
10,04 TRAFFICREGULATION
A. During the performance ol the Work the Contraclor shall erect and mainlain necessary temporary
fences, bndges, railings, lights, signals, baniers, or other safeguards as shall be appropriate under the
circumstance in his/her judgment for the prevention of accidents; and he/she shall take other
pEcautions as necessary for public safety induding, but not limited to, traffic mntml. Traffic control
shall be onducled in accordance with the lalest edrlion ol the Work Area Traffic Contml ('WATCH")
handbook, published by BNi Books, and as directed and appoved by lhe City Traffc and
Transportatron Administralor.
B. Contractor shall submit at least ten (10) Working Days pnor to Work a detailed traffic control plan, that
is appoved by all agencies having jurisdiction and that conforms to all requirements of the
Specifications.
No changes or deviations from the approved detailed trafflc control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Trafflc and
Transportalion Adminiskator and all agencies having jurisdiction.
Contractor shall immediately notify the Director, the City Traffic and Transportation Adminislrator and
the agencies having jurisdiction of occunences that necessitate modfication ol the approved trafiic
controlplan.
D. Contracto/s failure to comply wilh this provision may result in actions as provided in Article 5:
"Suspension or Termination of Conlracl'of these General Conditions.
10.05 TMFFIC CONTROL DEVICES
A. Traffic signs, flashing lights, banicades and other traffic safety devices used to control traffic shall
conform to the requirements of the WATCH handbook or the manual of traffc control, whiciever is
more stringent, and as approved by the City Traffic and Transportation Administrator.
1. Portable signals shall not be used unless permission is given in writing by the agency having
jurisdiction.
2. Waming signs used for nighttime mnditions shall be refleclorized or illuminated. "Rellectorized
signs" shall have a reflectorized background and shall conform to lhe cunent State of Califomia
Department of Transportation specification for reflective sheeting on highway signs.
B. lf the Contraclor fails to pmvide and install any of he signs or traffic contml devices rEuired herby or
ordered by the City staff, staff may c€use such signs or traffic control devices to be placed by others,
charge the costs therefore against the Contractor, and deduct the same from the next progress
payment,
10.06 EXECUTION
A. The Contractor shall provide writlen nomcafun to the Police Department, Traffic Bureau (323) 587-
51 7'1 , at least tr,w (2) weeks prior to lhe beginning of construction at any particular location . Notificalion
will include the specffic location, projecldales, what lanes of the madway will be closed and when. Also
the construction poject manage/s name and business phone number and the construction inspecto/s
name and business phone number.
B. The Contraclor shall notify, by lelephone, the Police Department, (323) 587-5'171 at the completion of
any posling of temporary m parking signs. Notification will include the times, dates aM locations ol
the posting. When vehicles must be towed for violation of temporary no parking signs, the person who
actually posted the signs, or on-view supervisor of that posting, will be present lo answer pertinent
questions that may be asked by lhe parking enforcement officer or police officer towing the vehicles.
C. The Conlractor shall notify the Vemon Fire Department, on a dailv basis during the entire period that
construction is in pmgress whenever madways are reduced in width or blocked. Notification shall be
made lo the Fire Dispatch (323) 5834821 and lhe Contractor shall pmvide the information required to
identify which oadways uould have accessibility pmblems due to his/her operations. The Contractor
shall submit to Fire Departrent schedule of Work for their use and files.
D. Roads subjecl to interference from the Work covered by this Contcct shall be kept open, and the
fences subjec{ to interference shall be kept up by the Contractor until the Work is finished. Except
where public roads have been approved for closure, traffic shall be permitted to pass lhrough
designated trafiic lanes wrth as linle inconvenience and delay as pssible.
E. Where altemating on+way traffic has been authonzed, the maximum lime that traffic will be delayed
shall be posted at each end of the on+way traffic section. The maximum delay time shall be appoved
by lhe agency having jurisdiclion.
F. Contractor shall install temporary lraffic markings where required to direcl the flow of traffic and shall
maintain the trafiic markings forthe duration of need, Contractor shall remove the markings by abrasive
blasting when no longer required.
G. Convenienl access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approadres to, and crossing ol intersecting traflic lanes shall be provirled and
kepl in good condition.
H. When leaving a Work area and entenng a roadway canyng public traffic, the Contrac{o/s equipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contraclor shall provide flaggers to control traflic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be povided with the necessary equipment in
accordance wih the curcnt 'lnstructions to Flaggers' of the Califomia Department of
Transportation.
2. FlaggeB shall be employed full time on traffic control and shall have no other duties.
10,08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vemon lor requirements for building or access mad safety impmvements that the Contractor
shall construct dunng mnstructron period, These devices or impmvements, as the Crty deems necessary or
prudenl, shall be at the expense of the Contractor.
lENo 0F ARTTCLEI
ARTICLE 11- INDEMNITY
,I1.01 INDEMNITY
To the maximum extent permitted by law, the Contractor shallfully indemnify, hold harmless, potect, and defend
the City, ib oflicers, employees, agents, representatives and heir successors and assigns ('lndemnitees') from
and against any and all demands, liability, loss, suit, daim, action, cause of aclion, damage, cost, judgment,
settlement, decEe, arbitration award, stop notice, penatty, loss of revenue, and expense (induding any fees of
accountanls, attorneys, experts or other pmfessionals, and costs ol investigation, mediation, arbitBtion, litigation
and appal), in lawor in Euity, ol every kind and nalure wtlatsoever, arising outof or in mnneclion with, resuhing
ftom or related to, or claimed to be arising out of the Work performed by Contraclor, or any ol s officers, agenls,
employees, Subcontractors, Sub-Subcontractors, design mnsultants or any person for whose ac{s any of lhem
may be liable, regardless oI whether sudr daim, suil or demand is caused, or alleged lo be caused, in pa(, by
an lndemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness ordisease, or death to any persons;
B. lnftingement of any patent rights, licenses, copyrights or intelleclual pmperty which may be bmught
against the Contrcctor or City arising out of Contrelo/s Work, for which the Contractor is responsible;
C. Stop notlces and claims for labor perlormed or malerials used or fumished to be used in the Work,
including all incidental or consequenlial damages resulting to City ftom such stop notices and daims;
D. Failure of Contractor or its Subcontractors lo mmply with the povisions for insurance;
E. Failure to comply with any Govemmental Appmval or similar aulhorization or orde[
F. Misrepresentation, misstatement, or omission with respecl to any statement made in or any document
fumished by the Contractor in connection therewih;
G. Breaci of any duty, obligation, or requirement under the Contrel Documentsi
H. Failure lo provide notice to any Party as required under the Contract Documents;
l. Failure to pmtect the property of any ulility provider or adjffinl poperty owner; or
J. Failure to make payment of all employee benefits.
This indemnity provrsion is effective regardless of any prior, mnqJnenl, or subsequent aclive or passive
negligence by lndemnitees, except that, to the limiled extenl mandaled by Califomia Civil Code Seclion 2782,
the Contractor shall not be responsible for liabilities which arise Irom the sole negligence or willful misconduct of
lndemnitees or arise fmm the ac{ive negligence of City,
11,02 ENFORCEMENT
Contraclo/s obligations under this Artide extend to claims ocarning after termination ol the Contractor's
performance of the Contret or Final Payment to Contractor. The obligations apply regardless of any etual or
alleged negligenl ac1 or omission of lndemnitees. Conlractor, however, shall not be obligated under this
Agreement to indemnify an lndemnitee for claims ansing from the sole aclive negligence or willful mismnduct of
the lndemnitee or independenl contraclors who are directly responsibb to lndemnitees. Cofltraclo/s obligations
under this Article are in addition to any other rights or remedies which lhe lndemnitees may have under the law
or under lhe Contract Documents. ln the evenl 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 lhe Contractor under the Contract for
the purpose of resolving such daims; povided, ho$rever, lhat the City may release such funds it the Contraclor
povides the City wflh reasonable assurance of floteclion of the Crty's interests. The City shall in its sole
discretion delermine whether sudt assurances are reasonable.
1 1,03 NO LIMITATIONS
Contraclot's indemnificalion and delense oblgations set lorth in this Article are separale and independenlfrom
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations sel forlh in those insurance provisions. ln claims, suits, or demands againsl any lndemnilee by an
employee of the Contractor, a Subcontrrctor, anyone direclly or indirecty employed by them, or anyone for
whose acts they may be liable, the Contrc{o/s indemnification and defense obligatons shall not be limited by
a limitation on amounl or type ol damages, mmpensation, or benefits payable by or for the Contractor or a
Subconlractor under ! orkers' compensation acls, disability benefits acts, or other employee benefits acls.
IEND OF ARTICLE]
ARTICTE 12 - INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall nol commence Work under this Contract until Contraclor has oblained all insurance required
hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontraclor
to mmmence Work on a subcontrac{ untrl all insurance required of said Subcontmctor has been obtained. Proof
of insurance including insurance cerlificates and endorsements as set forth in Exhibil 4 must be submitted by
the Conlraclor prior to the City's exeolion of the Contrac{.
12,02 MINIMUMCOVERAGEANDLIMITS
Contractor shall maintain the insurance coverage as sel forth in Exhibit 4 throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSURANCE COVEMGE AND LIMITS
City and Contraclor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contr*t Documents shall apply to he full
extent of the policies involved, available or applicaHe. Nothing contained in the Contrel Doorments
or any oher agreement relating to City or its operalions limits he application of srch insurance
coverage.
B. None of the plicies required by this Contract shall be in mmpliance wilh these requirements if they
include any limiting endorsement that has nol been first submitted to City and appmved in writing by
the C[y Attomey or City's Risk Manager.
12.U INSUMNCE OBLIGATION IS SEPAMTE FROM INDEMNIry OBLIGATION
This Agreement's insurance provisions:A. Are separate and independent ftom the indemnffication and defense pmvisions in Article 12 of the
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 ofthe Agreemenl.
[END OF ARTICLEI
ARTICLE 13 - BONDS
,13,01 REQUIRED BONDS
A. Contrrctor shallfumish the following bonds:
1. A Perlormance Bond in an amount EUalto one hundred percent (100%)of the total Contractprice
in the form shown in Exhibit "'l ' attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal lo one hundrcd percenl (10CPr6) of the
total Contract price in the form shown in Exhibit '2' atlached hereto.
3. A Maintenance Bond in an amounl equal to ten percent (100/0) of the tolal Contract price in the
form shown in Exhibit '3' attrched herelo.
13,02 POWEROFATTORNEY
All bonds shall be acmmpanied by a pwer of attomey fmm the surety company authorizing lhe prson
executing lhe bond to sign on behalf of the company. It the bonds are executed outside the Slate of Califomia,
all mpies of the bonds must be countersigned by a Califomia represenlatrve oI the surety. The signature of the
person execuling the bond on behatf of Surety shall be rcknowledged by a Notary Public as the signature of the
person designated in the pov,rer of attomey.
13.03 APPROVEDSUREW
All bonds must be issued by a Califomia admined surety insurer with the minimum A.M Best Company
Financial slrength rating of "A: Vll", or better. Bonds issued by a Califomia admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by lhe Cily. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumeraled in California Code of Civil Procedure Section 995,660. All such bonds must be accompanied by
a power of atlomey from the surety company authonzing the person executing the bond to sign on behalf of
the company. lf the bonds are executed outside the State of Califomia, all copies of the bonds must be
munlersigned by a Caltfomia representative of lhe surety. The signature of the pe6on executing the bond
on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designaled in
the power of attorney.
13.OI REQUIREDPROVISIONS
Every bond must display the surety's bond number and incorporate lhe Contract for construction of the Work by
reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time,
alteration, or modification of the Contract Documenls or lhe Work to be performed thereunder shall in any way
affect its obligations and shall waive notice of any such change, extension of time, alteration, or modrlication of
the Contract Documents.
13,05 NEWORADDITIONALSURETIES
ll during the continuance of the Contract, any of the sureties, in the opinion of the City, are or bemme non-
responsible or otherwise unacceplable to City, City may require other new or addilional sureties, which the
Contraclor shall fumish to the satisfaction of City within ten (10) days afrer notice, and in default thereof tre
Contract may be suspended and the matenals may be purchased or the Work completed as provided in Aftcle
5 herein.
13,06 WAIVER OF MODIFICATIONS AND ALTEMTIONS
No modifications or alterations made in the Wo* to be perlormed underthe Contract orthe time of prlormance
shall operale to release any surety fom liability on any bond or bonds required to be given herein, Notice of
sudl events shall be waived by the surety,
13.07 APPROVAL OF BONDS
The Contract will not be executed by C y nor the Notice to Prcceed rssued until the required bonds have been
received and appmyed by City. Crt/s decision as to the acceptabil y of all surelies and bonds is final. No
substitution of he form of the documents will be permitted without he prior Mitten consent ol City,
[END OF ARTICLE]
ARTICLE 14 - LABOR PROVISIONS
14,01 WORKING HOURS
Work or activ y of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitled between the hours of 7:00 p.m. and 7:00 a.m. of the next day.
Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent ol lhe Director and is subject to Cost of O,!/ertime Construclion lnspeclion.
Night, Sunday and Holiday Wo*. No Work shall be pedormed at night, Sunday, or the ten (10) legal
holidays to wit: New Yea/s Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day,
lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday lollowing Thanksgiving
Day, and Chnstmas Day, except Work pertaining to the public safety or with the 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, lhe Contraclor shall oive written
!g!i@ 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. lo 7:00 A.M. of the next succeeding day.
14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
overtime construction Work performed al lhe oplion of, or for the convenience of, the Contraclor will
be inspcted by the City at the expense ol the Contractor. For any such overlime beyond lhe regular
&hour day and for any lime ,,\orked on Saiurday, Sunday, or holidays the charges will be determined
by lhe City, and submined to lhe Contraclor for paymenl.
Equipmenl, malerials, or services provided by the City, in conneclion with Contraclorinitiated overtime
construction Work described in Paragraph 14.02(A), will also be at the expense of he Contractor. The
charges will be determined by the Cily, and submitted to the Contraclor for payment,
There will be no charges to the Contractor for the inspection of overtime Work ordercd by the Direclor
or required by the Contract Documents.
B
C
c.
B
14 03 COMPLIANCE WITH STATE LABOR CODE
Contractor shall comply with he pmvisions of the Labor Code of the State of Califomia and any
amendments thereol.
'1 , The time ol service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours duing any onecalendar day, and 40 hours during any one{alendar \,t/eek.
2. Work performed by employees of lhe Contractor in excess of eight (8) houIs per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess ofeight (8) hours per day al not less than one and on+haff times the basic rate of pay.
3. The Contrrctor and every Subcontractor shall keep an eurate record showing the name of and
the aclual hours rrcrked erch calendar day and each calendar r,veek by each vorker employed by
him/her in connection wrth trhe Work; the ecord shall be kept open at all reasonable hours to the
inspeclion of the City and to the Division of Labor Standards Enforcement of the State of California.
4. ln the event City deems Contractor is in violation of this Paragraph 14.03, the Conlraclor shall, as
a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the exe@tion of the Contract
by the Contractor or by any Subcontrac{or for eadr calendar day for which the employee was
underpaid in addition to an amount suffcient to recover underpaid wages. For each subsequent
violation, a (one hundred dollao $100 penalty shall apply for eadr underpaid employee for each
pay perid for which the emdoyee was underpaid in addition to an amount sufficienl lo cover
underpaid wages. This subparagraph is effective to the extent rt does not direc{y mnflicl with the
overtime penatty povision of Califomia Labor Code Seclion 558. ln the evenl of such conflict, the
Califomia Labor Code govems over this Paragraph 14.0qAX4),
14,U WAGEMTES
A, Prevailing Wages
1. Contrac{or shall mmply with he general prevailirE rates ol per diem wages and the general
prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed,
for each crafl, classification, or type of r,\orker needed to execute the Contmct, The Director of
the Department ol lndustrial Relations of the State of Califomia (pursuant to Califomia Labor
Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have
determined the general prevailing rates of wages in the locality in which the Work is to be
performed. The rates are available online at wwi'r.dir.caoov/DLSR/PlVU. To the extent that
there are any differences in the federal and state prevailing wage rates for similar classitications
of labor, the Conkactor and its Subcontractors shall pay the highest wage rate.
2. The Contractor shall post a copy of the general pevailing rate of per diem wages at the job site.
3. The Contractor and any Subconlractor under him/her shall pay not less than the specified
prevailing rate of wages to all v'orkers employed in the execution of the Contract.
4. The holidays upon whid such rates shall be paid shall be all holidays recognized in the collec{ive
bargaining Contract applicable to the partifllar craft, classffication, or type of worker employed on
the poject.
5. The Contraclor shall, as a penalty to the Stale or the City, forfeil not more lhan Fifty Dollars
($50) lor each calendar day, or portion thereof, for each worker paid less than the prevailing
rates lor the Work or crafl in which lhe worker is employed under the frntrel by the Contraclor
or by any Subconlraclor under him. The difference between the prevailing wage rates and the
amounl paid to erch worker for each calendar day or portion thereol for which such worker was
paid less than the stip,ulated prevailing wage rate shall be paid to such worker by the Contractor.
6. The specified wage rates are minimum rates only and lhe City will not consider and shall not be
liable for any claims for additional compensation made by the Contractor because ol payment
by him/her ol any wage rate in excess of the general prevailing rates. All disputes in regard to
the payment of wages in excess ol those specilied herein shall be adjusted by the Conlractor at
his/her own expense.
B. PayrollRecords
1. Pursuant to Calilomia Labor Code Section '176, the Conlraclor and each Subcontractor shall
keep an accurate payroll record, showing the name, address, social security number, Work
classilication, slraight time and overtime hours worked each day and week, and the actual per
diem wages paid to each joumeyman, apprentice, worker or other employee employed in
connection with the Work. The payroll records shall be cerlified and shall be available for
inspection.
2. The Contractor shall inform tte City of the location of the payroll records, including the street
address, city and munty, and shall, within five (5) Working Days, provide a notice of change in
localion and address,
3, Upon request by the Dircclor, lhe Contractor shall pmvide a copy ol the certified payroll records
along with a statement ofcompliance.
14.05 APPRENTICESHIPSTANDARDS
A. Compliance with California Labor Code Section 1m.5 requires all public works contretors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Conkact Award information
to lhe apdic€ble ioint apprenticeship committee, including an estimate of the joumeyman
hours to be performed under the Contract, the number of apprentices to be employed, and
the approximale dales the apprentices willbe employed. Use Form DAS-140from the State
Department of lndustnal Relatrons. The City reserves the right to require funtractor and
Subcontractors to submit a copy of said torms to the City.
2. Employ apprentices for the public wo* at a ratio of no less than one (1) hour or apprenlice
work for every five (5) hours or labor perlormed by a,ourneyman. To request dispatch of
apprenlices, use Form DAS-142 from lhe Slate Department of lndustrial Relations. The
City reserves the right lo require Contraclor and Subcontractors to submit a copy of said
forms lo the City.
3. Pay the apprentice rate on public u/orks projecls only to those apprentices who are
registered, as defined in Labor Code Section 307.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication for joumeyman and apprentices. Contractors who choose nol to contribule to
the local training trust fund must make their contnbutions to the Califomia Apprenticeship
Council, P.0. Box 420603, San Francisco, CA 94142.
B. Failure to comply with the provisions of Califomia Labor Code Seclion 177.5 may result in the loss
ol the right to bid or perform \,vo* on all public r orks pro,ec{s for a period of one to three years and
the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of
noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar
day of noncompliance for a second or subsequent violation. Conlractor should make a separate
copy of this material for each of his/her Subcontractors.
C. Payroll Records. The Contrac{or and each Subconlractor shall keep an a@urate payroll record,
showing he name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each ioumeyman
apprentice, worker or other employee employed in connection wilh the work. The payroll records
shall be certified and shall be submitted to the Poject Manager every two weeks.
D. Statementof Employer Fringe Benefit Payments. Wthin five (5)calendardays of signing the Conlract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
State oepartment of lndustrial Relations) shall be completed lor each Conlractor and Subcontrac{or
of any lier who pays benefits to a third party trust, plan or fund tor health and wetlare benefils,
vacation funds or makes pension ontributions, The form musl contain, for each worker
classification, the fund, plan or lrust name, address, administrator, the amounl per hour contributed
and the frequency of contributions. Training Iund contributions shall also be reported in this form.
City reserves the right to rEuire Contraclors and Subconkactors to submit a copy of said forms to
the City.
,I4.06 EMPLOYMENT OF APPRENTICES
A. ln the performance of this Contract, the Contractor and any Subcontractor shall comply wilh the
provisions conceming lhe employment of apprentices in the Labor Code of the State ol Califomia
and any amendments thereof.
B. ln the event the Contractor or any Subcontractor willfully fails to mmply with the aforesaid provisions
of lhe Labor Code, sudr Contractor or Subcontraclor shall be su$ect to the penalties for
noncompliance in the Labor Code of the State of Califomia and any amendments thereof.
14,07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS
ln the performance of this Contract, Contractor and/or any Subcontractor must be cunently registered and
qualified (including payment ol any required fee) with the State Departmenl of lndustrial Relalions pursuant
to Labor Code section 1725.5. This projecl is subiecl to compliance monitoring and enforcement by lhe State
Department of lndustnal Relations.
14,08 CHAMCTER OF WORKERS
The Contractor shall not allow hisfteragents oremployees, Subcontraclors, orany agent oremployee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Wo* requiring special qualifications, and when required by the Director, the Contractor shall
discharge any person who commits trespass, or in the opinion ol the Director, acts in a disorderly, dangeous,
insubordinate, incompetent, or othen ise objectionable manner. Any employee being intoxicated or bringing
or having intoxicating liquors or conlrolled substances on the Work shall be discharged. Such discharge shall
not be the basis of any claim lor mmpensalion of damages against the City or any of its officers, agents, and
employees.
14.09 NO SMOKING -STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contraclor's conlrol, are prohibited from smoking in- or within a 2Gfoot distance Imm- the Sile, which is a
"place of employment' under Califomia Labor Code S 8l0l.5.
[END OF ARTICLE]
ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A. By Contractor
Contracto/s righl to commence the Claims Dispute Resolution Process shall arise upn the Directo/s
written response denying all or part of a Claim. Contractor shall submit a Mitten Slatemenl of Dispute
to the Director within seven (7) Days after the Director rejects all or a portion of Contracto/s Claim.
Contracto/s Statement of Dispute shall be signed under penalty of perjury and shall state with
specrficity the events or orcumstances giving rise to the Claim, the dates of their occunence and the
efiec{, ifany, on the compensation due or perlormance obligations of Contractor underthe Construction
Contract. Such Statement ol Dispute shall include adequate supporting data to subslantiate the
disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Conlractois
obligations relatrve to time of performance shall include a detailed, event-by€vent description of the
impact of each delay on Contrccto/s time for performance. AdEuate supporting data to a Slatement
of Dispute submitted by Contraclor involving Contmcto/s compensation shall indude a detailed cost
breakdown and supporting cosl data in such form and including such detailed informalion and other
supporting data as required to demonstrate the gounds for, and precise amount of, the Claim.
B. By City
City's right to commence the Claims Dispute Resolution Process shall arise at any time following the
City's actual dismvery of the circumstances giving rise to the Claim, Nothing conlained herein shall
preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of
Dispute submitted by C{ty shall state the events or circumstances giving rise to the Claim, the dates of
their occunence and the damages or other relief claimed by City as a result of such evenls.
C, Claims Deflned
The term 'claims" as used herein shall be as defined in Califomia Public Contract Code S 201M(bX2).
15,02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steF in he Claims Dispute Resolution Process in the sequence
they appear below. Eact party shall participate fully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedenl to the right of each party to proceed
to the next step in lhe Claims Dispute Resolution Process.
A. Dircct Negotialions
Designated representatives of City and Contractor shall meet as soon as possible (but not later than
ten (10) Days after receipt of the Statement ol Dispute) in a good faith efiort to negotiate a resolution
to the Claim. Each party shall be represented in such negoliations by an authonzed representative
with full knowledge of the details of the Claim or defenses being asserted by such party, and with full
aulhority to resolve such Claim then and there, subject only to City's right and obligation to obtain Crty
Council [or other City official] appoval ol any agreed settlement or resolulion. ln the Claim involves the
asserlion of a right or claim by a Subcontractor against frnlractor that is in tum being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend sudr
negotiations, wrth the same authority and knowledge as just descnbed. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party
may declare negotiations ended. All discussions that occur during such negotialions and all documents
prepared solely Ior the purpose of such negotiations shall be mnfidential and privilqed pursuant to
Califomia Evidence Code Sections 'l 'l 19 and 1 '152.
B. Defenal of Claims
Following the completion of the negotiations required by Paragraph 15.02-A,, all unresolved Claims,
except those that do not involve parties olher than the Contractor and City, shall be defened pending
Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to rEuire that
lhe claims Dispute Resolution Process proceed pnor to Final Completion. ln the event that City does
nol elect to proceed with the Claims Dispute Resolution Pmcess prior to Final Completi:n of the Work,
all Claims that have been defened until such Final Completion shall be onsolidated within a
reasonabletime after sudr FinalCompletion and thereafrer pursued to resolution pursuanttothe Claims
Dispute Resolution Process. Nothing contained in this futicle '15 shall be interpreted as limiting lhe
parties' rights to continue informal negotiations of Claims that have been defened until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as attering the
provisions of this Article 15 defening final determination and resolution of unresolved Claims until after
Final Completion of the Work.
C. Legal Poceedings
lf the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or
delermination of the Claim shall submit the Claim for determination by mmmencing legal poceedings
in a court of competent jurisdiclion.
15.03 NO WAIVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense of either party, including, without limilation, any defense based on the assertion that the rights of
Contractor that are the basis of a Claim rr'ere previously waived by Contraclor due to failure to comply with the
Contracl Documents, including, without limitation, Contrrcto/s lailure to comdy with any time priods for
providing nolices orfor submission or supporting documentation of Claims.
IEND 0F ARTTCLEI
ARTICLE 16 - ACCOUNTING RECORDS
16,01 MAINTENANCE OF RECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and detailed books and records in accordance with the requirements of the
Contract Documents, including the following: all information, materials and data of every kind and characler
(hard copy, as well as computer readable data i, it exists), that have any bearing on or pertain to any matters,
rights, duties or obligatrons relating lo the Project or the performance of the Work, including, without limilation,
agreements, purchase orders, leases, contracts, commitments, arangements, notes, change orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars,
Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda;
accounling remrds; job cost reports; job cost tiles (including complete documentation covering negotiated
settlements); bac*charge; general ledgers; documentation of cash and trade discounts eamed; insurance
rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or other claims Ior payment related to the Project asserted by Contractor
or any Subcontractor ("Accounting Records"). Contraclor shall exercise such controls as may be necessary
for proper financial management of the Work, Such accounting and control systems shall comply with
prevailing custom and practice for similar projecls, be satisfactory to City and shall include preservation of
such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.
16,02 ACCESS TO RECORDS
Contractor shall allow, and shall include in its contracts with its Subcontraclors provisions requiring its
Subcontractors to allow, City and its authorized represenlalive(s), auditors, attomeys and accountants, upon
twenty-four (24) hours notice to Contractor, full access to inspecl and copy all books and records relating to
the Proiecl thal Contractor is required to mainlain pursuant to Paragraph 16.01, above.
16.03 CONTMCTORNONCOMPLIANCE,WTHHOLDING
Contraclor's mmpliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Contractor against City. ln addition to and without limitation
upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the
Conlract Documents, City shall have lhe right, exercised in its sole discrelion, to withhold from any payment
lo Contraclor due under a currenl Application for Payment an additional sum of up to ten percent (10%)ofthe
total amounl set forth in such Application lor Payment, until Contractor and its Subcontractors have complied
with any outslanding and unsalisfied request by Cily 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 SPECIFICENFORCEMENTBYCITY
Contractor agrees that any failure by Contraclor or any Subcontractor to provide access to its books and
records as required by this Article '16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on aflidavits submitted to such
court and without the necessity of oral testimony, to mmpel Contractor lo permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to Cily for
inspection, audit and/or reproduction.
IEND 0F ARTCLEI
ARTICLE I7-MISCELI.ANEOUS PROVISIONS
17.01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Contraclor shall give all notices required by govemmental authorities and mmply with all applicable
lalvs and lawful orders of govemmental auhonties, including but not limited to the provisions of the
Califomia Code of Rqulations applicable to contraclors performing construction and all laws,
ordinances, rules, regulations and lawlul orders relating to safety, prevailing wage and equal
employmenl opportunrties.
B. Taxes, Employee Benefits
Contractor shall pay at its om expense, at no cost to the City and without adjustmenl to the Contract
Sum, all local, stale and federal taxes, including, wilhoul limitation all sales, consumer, business
license, use and similar taxes on materials, labor or other items fumished for the Work or portions
thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the
Contract Documents and all benefits, insurance, taxes and contnbutions for social secrrity and
unemployment insurance whidr are measured by wages, salaries or other remuneration paid to
Contracto/s employees. lf under federal excise tax law any transaction hereunder constitutes a sale
on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a
sale to meat for its exclusive use, then City, upon requ€st, will execule doflments necessary to show
that is a politicalsuMivision ol the State forlhe purposes of sudr exemption and that the sale is for the
exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or
Contract Sum.
C. Notice of Violations
Contractor shall immedialely nolify the City and Director in writing of any instruclion received ftom the
City, Director, Architect or ofler person or entity that, rf implemented, would cause a violation of any
applicable law or lawful order of a govemmental authority. lf Contraclor fails to pmvide such nolice,
then Director shall be entitled to assume that such instruction is in compliance wilh applicable laws and
lawful orders of govemmental authonties. lf Contractor observes that any portion of the Drawings and
Specifications or Work are atvariance with applicable laws or larvfulorders of govemmentalauhorities,
or should Conhactor become aware of conditions not mvered by the Contract Documents which will
result in Work being at variance therewith, Conlractor shall prompUy noti{y Direclor in Miling. lf, without
such nolice to Director, Contractor or any Subcontrac{or performs any Work which il knew, or through
the exercise of reasonaue care should have known, was contrary to la#ul orders of govemmental
authoritJes or applicable lau/s, then Contrac{or shall bear all resulting losses at rts own expense, al no
cost to City and without adjustrnent 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
thereofl and all designs and building designs depicled therein are and shall remain the sole aM
exclusive property of lhe City and the City shall solely and exclusively hold all copyrights thereto,
Without derogation the City's rights under this Paragraph, the Contractor and Subcontraclors are
granted a limited, non€xclusive license, revocable at will of City, lo use and reproduce applicable
portions of the Contracl Documents and Submittals as appropnate lo and for use in the execution ot
lhe work and for no other purpose.
B. Documents on Sile
Contractor shall keep on the POect site, at all times and for use by City, Director, lnspec{ons of Record
and City's Consultants, a complele sel of the Contract Documents that have been approved by
applicable Govemmental Authorities.
C. Delivery to City
All Design Documents, Contract Doorments and Submittals in the possession of Contraclor or
Subcontractors shall be retumed to the Crty upon the eadier of Final Completjon or termination of the
Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right
to retain one ('l)copy of the Contract Documents and Submittals for its permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure lhat a provision is induded in all subcontracts with
Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving
the, City's rights set forth in this Paragraph.
17.03 AMENDMENTS
The Conkact Documents may be amended only by a written instrument duly executed by the parties or therr
respeclive successors or assigns.
17.U WAIVER
Either party's waiver of any breach or lailure to enforce any of the terms, covenants, conditions or other
provisions olihe Contract Documents at any time shall nolin any way limit orwaive that party's righlthereafler
to enforce or mmpel strict compliance with every lerm, mvenant, condition or other provision, any course ol
dealing or custom of the trade notwithstanding. Furlhermore, if the parties make and implemenl any
interprelation of the Conlracl Documents without documenting such interpretation by an instrument in writing
signed by both partres, such interpretation and implementation thereof will not be binding in the event of any
future disputes.
17,05 INDEPENDENTCONTMCTOR
Contractor is an independent contractor, and nothing contained in lhe Contract Documents shall be conslrued
as constituting any relatonship wilh City other lhan that of Project owner and independent conkactor. ln no
evenl shall the relationship between City and Conlraclor be mnslrued as creating any relationship whalsoever
between City and Contracto/s employees. Neither Conkactor nor any of its employees is or shall be deemed
to be an employee of City. Except as othen ise specmed in the Contract Doanments, Conlractor has sole
authority and responsibility to employ, discharge and otherwise control its employees and has mmplete and
sole responsibility as a principal for its agents, for all Subcontractors and for all other Pemons that Contractor
or any Subcontractor hhes to perform or assist in performing the Work.
17.06 SUCCESSORSANDASSIGNS
The Contract Documents shall be binding upon and inure to the benelit of City and Contractor and their
permitted successors, assigns and legal representalives.
A. City may assign all or part of its right, title and interest in and lo any Contract Documents, including
rights with respect to the Paymenl and Performance Bonds, to (a) any other governmental person
as permitted by govemmental rules, provided that the successor or assignee has assumed all of
Citys obligalions, duties and liabilities under the Contract Document then in effect; and (b) any other
Person with the prior written approval of Contractor,
B. Contractor may collaterally assign its rights lo receive payment under the Contract Documenls,
Contractor may not delegate any of ils duties hereunder, except to Subcontractors as expressly
otheMise permitted in the Contract Documenls. Contracto/s assignment or delegation of any of its
Work under the Conkact Documents shall be ineffective to relieve Conhactor of its responsibility for
lhe Work assigned or delegated, unless City, in its sole discretion, has approved such relief from
responsibility.
Any assignment of money shall be subject to all proper sehtfs and withholdings in favor of City and
to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be
subject to being used by City for mmpletion of the Wo*, should Contractor be in default.
C. Except for the limited circumstances set forth in Paragraph '17.06-8, above, Contraclor may not,
wilhout lhe prior written consent of City in its sole discretion, voluntarily or involuntarily assign,
convey, transfer, pledge, mortgage or otheMise encumber its rights or interests under the Contract
Documenls. No parlner, joint venturer, member or shareholder of Contractor may assign, convey,
transfer, pledge, morlgage or otherwise encumber ils ownership inlerest in Contractor without the
prior written consent of City, in City's sole discretion.
17.07 SURVIVAL
Contractor's representations and wananties, the dispute resolulion provisions contained in Article 15, and all
other provisions which by their inherent character should survive termination of the Conkact and/or Final
Acceptance, shall survive the termination of the Contract and the Final Acceptance Date.
17,08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of lhe provisions ot the Contrac{ Documents to create any third party beneficiary
hereunder or to authorize anyone not a party hereto to maintain a suit for pensonal injury or property damage
pursuant to lhe lerms or provisions hereof, except to the extent that specific provisions (sud) as the warranty
and indemnity pmvisions) idenlify third parties and state that they are entitled to benelits hereunder. The
duties, obligations and responsibililies of the parties to the Contract Documents with respect to such third
parties shall remain as imposed by law, The Contract Documenls shall not be construed to create a
contraclual relationship of any kind between City and a Subcontractor or any other Person except Contractor.
17.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City's authorized represenlatives are acting solely as agents and representatives of City when carrying out
the provisions of or exercising the power or authority granted to them under the Contracl. They shall not be
liable either personally or as employees of City for actions in their ordinary course of employment.
No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible
for any liability arising under the Contract.
17.10 NO ESTOPPEL
City shall not, nor shall any oflicer thereol be precluded or estopped by any measurement, estimate or
certificate made or given by the City representative or other offlcer, agent, or employee of City under any
provisions of the Contract from at any lime (either before or after lhe llnal completion and acceptance of the
Wo* and payment therefor) pursuant to any such measurement, estimate or certificate stpwing the true and
conect amount and character of the wo* done, and materials lumished by Contractor or any person under
the Conlract or from showing at any time that any such measuremenl, estimate or certificate is untrue and
inconect, or improperly made in any particular, or that the r ork and materials, or any part thereof, do not in
fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or
paymenl made in acmrdance therewith, City shall not be precluded or estopped from recovering from
Conlractor and its Sureties such damages as City may sustain by reason of Contracto/s failure to comply or
to have mmplied with the Contract Documents.
17.11 GOVERNING LAW
The laws of the State of California govem the construclion and interpretation of the Contract Documents,
without rqard to conflict of law pnnciples, Unless the Contract Documents provide otherwise, any reference
to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor
legislation. ll Contractor or City brings a lawsuit to enlorce or interpret one or more provisions of the Contract
Documenls, jurisdiction is in the Superior Court of the Counly of Los Angeles, Califomia, or where othen se
appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge
that the Contract Documenls were negotiated, entered into, and executed-and the Work was performed--rn
the City of Vemon, Calitornia.
17.12 FURTHERASSUMNCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requesled by City to further evidence lhe obligations of Contractor hereunder,
including assurances regarding assignments of Subcontraclors mntained herein.
17.13 SEVEMBILITY
lf any clause, provision, seclion, paragraph or part of the Contract is ruled invalid by a cou( having proper
jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision,
section, paragraph or part, which shall, to the greatest extent legally permissible, effect the onginal intent of
the parlies, induding an equitable adjustment to the Contract Price lo account for any change in the Work
resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision
maker (as applicable) which declared such invalidily for an inlerprelation of the invalidated portion to guide
the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part
shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and
enlorced as rf the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph
or part.
17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part of the
Contract or considered in construing the Contracl.
17.15 ENTIRE AGREEMENT
The Contract Documents contain lhe entire understanding of the parties with respect to lhe subject matter
hereof and supersede all prior agreements, understandings, statements, represenlations and negotiations
between the parties with respect to its subject matter,
17.16 COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and lhe same instrument.
IEND 0F ARTTCLEI
1.
EXHIBIT 1
Bond No..
Premium Amount: $
Bond's Eflective Date:
PERFORMANCE BOND
RECITALS:
The City of Vemon, California ('City'), has awarded to
(Name, address, and telephone of Contraclor)
('Principal'),
a Contracl (the 'Contract') for he Work describ€d as follovrs:
Specification No. _:in Vemon, CA.
2. Principal is required under the terms of lhe Contract- and all contract doorments referenced in it ('Conhact Documents'F
to fumish a bond guaranteeing Principal's laithful performance of the Work.
3. The Contract and Conlract Documents, induding all heir amendments and supplements, are incorporated into this Bond and
made a part of it by lhis reference.
OBLIGATION:
THEREFoRE, for value received, We, Principal and
(Name, address, and telephone of Surety)
('Surety"),
a duly admitled surety insurer under Califomia's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and ourrespective heirs, execrtors, administrators, successors,
and assigns to pay City the penalsum of
Dollars ($ (the Bonded Sum'), this amount
comprising not less than the total Conkact Sum, in laMul money of the United States of America.
The Califomia Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's Califomia oepartment ol lnsurance License No
THE CONDITION 0F THIS BOND'S OBLIGATIoN lS THAT, il Prindpal promptly and faihtully performs he undertakings, tems,
co\€nants, conditons, and agreemenb in he Confact and Contracl Documents (induding allfteir amefldmenb ard supplernents), al vrri$in
he lime and in he manner hat $ose documents spec1ry, hen his obligalion becomes null and wi, O$e ise, lhis Bond remains in tull
force and etled, and he follo{ing lems and conditions appv b his Bond:
1. This Bond specifically guarantees Principal's performance of each obligation and all obligalions under the Contracl and Contract
Documents, as they may be amended and supplemented- including, but not limited to, Principal's liability for liquidated damages,
Wananties, Guarantees, Coreclion, and Maintenance obligalions as specfied in lhe Confact and Contracl Documents- except
that Surety's total obligation, as described here, will not exceed the Bonded Sum.
2. Forthose obligations of Principalthat survive Final Completion of lhe Work described in the Contract and Contract Documents, the
guarantees in his Bond also survive Final Completion of he Work.
3. When City declares that Principal is in delault under the Contracl, or Confad Documents, or both, Surety shall promptly: (a)
remedy the default; (b) complete $e Projecl according to the Contret Documents' terms and conditions then in eflecl; or (c) using
a procuremenl melhodology approved by City, selecl a confaclor or contractors- acceptable to City- to complete all of he Wo*,
and arange for a mnfad between he mntractor(s) and City Surety shall make available, as he Work proglesses, sulficient funds
to pay he mst of mmpletion less he balance of he ConEac{ Sum, and to pay and perlorm all obligations of Princjpal under $e
Contracl and Contract Documents- including oher costs and damages for rvhich Surety is liable under this Bond- except hat
Surety's total obligatjon, as descdbed here, vJill not exceed f|e Bonded Sum.
4. An alteralion, modification, change, addition, deletion, omission, agrcement, or supplement to tre Confad, Confel Dodmenb, or
$e nature d he Wod( perfomed under he Contrad or Contrel Documents- including, wihout limitation, an extension of time for
performance- does not, in any way, afiecl Surety's obligations under his Bond. Surety waives any notice of alteration, modification,
change, addilion, deletion, omission, agreement, supplement or extension of lirne.
5. Surety's obligations under $is Bond are separate, independent lrom, and not contingent upon any otler surety's guaranteeing
Principal's faihful perlormance of lhe Woft.
6. No right of aclion accrues on this Bond to any entjty oher han City or its successors and assigns.
7. lf an aclion at law or in equity is necessary to enforce or interpret his Bond's terms, Surety must pay- in addilion to the Bonded
Sum- City's reasonable attomeys'fees and litillation msts, in an amount he court fixes.
8. Surety shall mail City written notice at least 30 days before: (a) he effeclive date on y{hich he Surety will cancel, terminate, or
vrithdra from his Bond; or (b) his Bond becomes void or unenbrceable for any reason.
On he dale set for$ below, Principaland Suretyduly executed his Bond, wih the name of eadr party appearing belo$, and signed
by its representative(s) under the au$ority ol its goveming body
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
(Signature)(Signature)
(Name)
By
Its:
By:
Its:
(Name)
(Tirre)
Address for SeNing Nolrces or Ofier Documents: Address for Serving Notices or Oher Documentsl
Oit e)
CORPORATE SEAL CORPOMTE SEAL
. IHIS EOIVD MUST BE qECUTED N TRIftIUIE,. DENCE MUST BE ATTACHED ff THE AWHORTTY OF N,tY PERSOi/ S/GIV/NGISIIIOR/VEY-,NfACL. THE ATTORNEY.INfACTS S/GNATUREMUST BE NOTMLZED.. A CaRPOMTE SEr'/- MUST BE 1MPRESSEo ON IHIS FORM l,ltrEMHE PRINCIPN- OR THE SURETY, OR BOIH, ARE A
c@PoRATlOil.
APPROVED AS TO SUREry AND
AI/OUNT OF BONDED SUM:
APPROVED AS TO FORI\4:
ByBy
Director of Public Works City Attomey
BOND ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
couNTY 0F )
On this day of
before me,
FOR
SUREryS ATTORNEY-I N-FACT
n_,
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 subscnbed to this instrument as the attorney in facl of
and acknowledged to me that he/she subscribed the
name of thereto as principal, and his/he own name as
attomey in fact.
I certify under PENALTY OF PERJURY under the la$,s ol the State of Califomia that the foEgoing paragraph is true
and correct.
Notary Public
SEAL
't.
EXHIBIT 2
Bond No.:
Premium Amount: $
Bond's Effeclive Date:
PAYMENT BOND
(LABOR AND MATERIALS)
RECITALS:
The C y ol Vemon, Califomia ('Cit).), has awarded to
(Name, address, and telephone of Design-Builder)
('Principal'),
a Contract (the "Contracl')lor the Work described as follows:
Specillcation No in Vemon. CA.
2. Principal is required under Califomia Civil Code Sections 3247-3248 and he terms of the Contract- and all contract
documents referenced in it ('Contract Documents"F to fumish a bond guaranteeing Principal's paying daims, demands,
liens, or suits for any work, labor, services, materials, or equipment fumished or used in the Wort.
3. The Contracl and Contract Documents, induding all heir amendments and supplements, are inmrporated into this Bond and
made a part o, it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surety)
("Surety'),
a duly admitted surety insurer under Califomia's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, adminisfators, successors,
and assigns to pay City lhe penal sum of
Dollars ($ )(the Bonded Sum'), this amount
comprising not less than the total Conuact Sum, in lawful money ol lhe United States ofAmerica.
The Calitomia Licensed Resident Agenl for Surety is:
(Name, address, and tdephone)
Registered Agent's Califomia Departrnenl of lnsurance License No.
THE CoNolTloN OF THIS BOND'S OBLIGATION lS THAT, if Principal or a subcontraclor fails to pay (a) any person named in
Califomia Civil Code Seclion 318'1, or any successor legislation; (b) any amount due under Caliromia's lDgtrglglog0lhluelE
eg!q, or any successor legislation, for $ork or labor performed under $e Contract or Conhact Documents; or (c) any amount
under !h9qpl9ytr9!LL0s!Ig!99 Qglg Section 13020, or any successor legislation, that Principal or a subcontraclor must deduct,
withhold, and pay over to the Employment Development Department from the wages of its employees, for work or laborperformed
under the Contract or Contracl Documents, then Surety shall pay for the same in an amount not-tc€xceed the Bonded Sum.
Otherwise, his obligation becomes nulland void. l/hile this Bond remains in fullforce and efiec1, the follo'rring terms and mnditions
apply to his Bond:
1. This Bond inurcs b he b€nefit of anyof the pecons named in Califomia Civil Code Section 3181,q y successo. legbldirn,
dving ho6e persons or heir asgns a fuht d adbn in ary suil howht upq] his Bond, unless Califomia Civil Code Section 3267,
or any successor legislation, applies.
2. An aheration, modification, dlange, addition, delefon, omission, agreement, or supplement to he Confad, Contract
Documents, or the nature of Ule Work pedormed under lhe Conlrat or Contract Documents- including, wibout limitation, an
extension of time for performance- does not, in anyrmy, affect Surety's ouigations underhis Bofld. Surety waives any notice
of alteration, modification, drange, addition, deletion, omission, agreement, supple{nenl, or exlension of time.
3. Surety's obligations under his Bond are separate, independent from, and not conlingent upon any oher surety's paying claims,
demands, liens, or suits for any work, labor, services, materials, or equipment fumished or used in the Work.
4. lf an action at law or in equity is necessary to enforce or interpret his Bond's terms, Surety must pay- in addition to the
Bonded Sum- City's reasonable attomeys' fees and litigation costs, in an amount the court fixes.
5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which he Surety will cancel, terminate,
or wilhdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On he date set forth below, Principaland Surety duly executed Uis Bond, wih he name ol each party appearing belowand signed
by its representative(s) under the auhority of its goveming body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
(Signature)(Signalure)
ByBy
(Name)(Name)
tsIts
Ortle)(Trtle)
Address for Sefling Noti:es or oher oocJrnenb: Address br Servhg llotices or oher DGrments:
CORPOMTE SEAL CORPOMIE SEAL
. IHIS EONO MUST 8E EXECWED IN TRIHJCATE.. EWDENG MUST BE ATTACHED G THE AUTHORIIy OF N'lY PERSOi/ S/GN/ /G AS ITIOR /EYJrVfl4CL. THE ATTORNEYIN+AC7'S SIGNAIURE MUST BE NOTARIZED.. A @RPORAIE SW MUST BE IMPRESSEO ON IHIS FORM WHEN THE PRINCIPr'/-, OR THE SUREN, OR BOTH, ARE A
C@rcRATION,
APPROVED AS TO SUREry AND
AMOUNT OF BONDED SUM:
By
Director of Public Works
APPROVED AS TO FORM:
By
City Attomey
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
STATE OF CALIFORNIA
COUNW OF
0n this day of
)
) ss.
)
n_,
before me,
appeared {name), who proved to me on the basis of
satislactory evidence to be the person whose name is subscribed to this instrument as lhe attomey in fact ol
, and acknowledged to me that he/she subscribed lhe name of
as principal, and his/he own name as attomey in fact.
I certity under PENALTY OF PERJURY under the laws of the State ol Califomia thal the foregoing paragraph is true
and correct.
Notary Public
SEAL
EXHIBIT 3
Bond No l
Premium Amount: S
Bond's Effective oate:
MAINTENANCE BOND
1.
RECITALS:
The City ol Vemon, Califomia ("Ctty'), has av{arded lo
(Name, address, and telephone of Contraclor)
('Princjpal'),
a Contract (he "Confad') for he Work descibed as follours:
Specillcalion No.in Vemon, CA.
2 Principal is required under he terms of the Contrac{- and all conlrac{ dosJments referenced in it ('Contracloocuments"F
after complelion of the Work and before Ule filing and recordation of a Notice of Complelion for lhe Worft, lo fumish a bond to
seorre daims for Maintenance equal lo ten percent (10%) of he total amount of he Contracl Wrich shall hold good for a
period of one (1) year from tle date the Crty's Notice of Complelion and Acceptance ol he Wo* is fled v{i$ the County
Recorder, to protecl he City against the result ol laulty materialor uorkmanshlp during bat lime.
3. The Contract and Confad oocuments, including all heir amendments and supplements, are incorporated into Uris Bond and
made a part of it by his reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address ard telephone of Surety)
("Surety'),
a duly admitted surety insurer under Calilomia's lam, agree as follons:
By this Bond, We joinuy and severally obligate and bind ourselves, and our respeclive heirs, executorc, administratoni, successors,
and assigns to pay City the penal sum of
Dollars ($ )("be Bonded Sum'), this amount
comprising not less han he total Contrel Sum, in lawful money of the United Slales of America
The Calilomia Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Regislered Agent's Califomia Department of lnsurance License No.
THE CONDITION OF THIS B0N0'S OBLIGATI0N lS THAT if he said Principalorany ol his or her or ils subconbadors, or the heic,
exeoltom, administtalors, successors, or assigns or assigns of any, all, or eiher of hem, shall fail to exeo,rte wi$in a reasonable
amount ot lime, or fail to respond wibin seven (7) days wih a witten sdedule acceptable lo the City for same, repair or replacement
of any and all Wo*, togeher wih ary other adjacent Woft wiidl may be displaced by so doing, hat proves to be defedive in ib
trcr*manship or material for he period of one (1) year (except when oherwise required in the Contracl to be for a longer period) hom
he dale the City's Notice of Completon and Acceptance, or equivalenl, is filed wih the County Recorder, ordinary !',ear and tear and
unusual abuse or neglecl excepted wih respecl lo sudr Work and labor, he Surety herein shall pay for the same, in an amount not
exceeding the sum specjfed in his Bond
L When City declares that Pnncipal is in default under the Contract, or Contracl Documenls, or both, Surety shall prompuy
remedy the default using a pmcuremenl methodology approved by City, selecl a @ntraclor or contraclors- acceptable to City to
complete all of he Woft, and arange for a contracl between the contraclo(s) and Crty. Surety shall make available suficient funds
to pay 6e cosl of rcpair or replmment of any and all Work and lo pay and perform all oblEations of Principal under he Contrel
and Contracl Documents- including oher msts and damages for rvhich Surety is liable under this Bond exept hal Surely's lotal
obligation, as described here, willnot exceed the Bonded Sum.
2. Should he condition of tris bond be fully pertormed, 0ren his obligation shall become null and \oid, othenvise it shall be and remain
in full force and erlecl.
3. Surety, for value received, hereby stipulates and agrees hat no change, exlensbn of time, alteration, or addition b he terms ol sail
Confad or b tle Work to be perrormed hereunder or he specifications ffiompanying t|e same shall in ary marner affec{ its
obligations on his bond, and itdoes hereby waive nolice of any such change, e(ension, alteration, or addilion.
4. Surety's obligations under his Bond are separate, independenl from, and not contingent upon any oher surety's guaranteeing
Principal's fai$fu| performance ofthe Worl.
5. No right of &1ion acdues on lhis Bond to any entity oher han City or ils successoc and assigns
6. lf an aclion at larv or in equity is necessary to enforce or interpret his Bond's terms, Surety mustpay, in addition to the Bonded Sum,
City's reasonable attomeys'fees and litigalion costs, in an amount be court fu(es.
7. Surety shall mail City written notice at least 30 days before: (a) $e efiective date on which lhe Surety will cancel, terminate, or
withdraw rrom this Bond; or (b) his Bond becomes voki or unenforceable for any reason.
L Deah ofthe Principal shall not relieve Surety of its obligations hereunder.
On the date set forlh below, Principaland Surety duly erecuted $is Bond, srith he name ofead| party appearing belowand signed
by its representative(s) under lhe auhority of ils goveming body.
Date:PRINCIPAL: SURETY:
(Company Name)(Company Name)
(Signature)(Signature)
By:By.
tstS
(Name)(Name)
(Tite) fiitle)
Mdress br S€rving tldbs s ofier Dmllllenb: Addess ftr S€rt/hg l.lotirs or Ofler Docurnenb:
CORPORATE SEAL CORPOMTE SEAT
. IHIS 8Or!D MUSIEE dECUIED lN RH)CA|E.. EVIO€NCE WST BE ATTAC\IED OF IHE AUTHOR]IyOFIoIVYPERSON S/GN/IG AS ATTORNEHN+ACT.. lHE ATTORNEYJNfACI'S S/GNATRE MUST BE NOTAR]ZED-. A CORPOMIESAN MUSIEE/MPRESSED ONTHIS FORMWHENTHE PR]NCIPAL ORTI-/ESUREIY, ORBOTH, r'FEAcnlRPc.MNON-
APPROVED AS TO SURETY & AI/OUNT OF BONDED SUM: APPROVED AS TO FORM:
ByBy
Director of Public Works City Attorney
STATE OF CALIFORNIA
COUNW OF
On this day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-I N-FACT
ss.
20-,
before me,
appeared
(name), a Notary Public for said County, personally
.(name), who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument as the attomey in fact of
and acknowledged to me that he/she subscribed the
name of thereto as pnncipal, and his/he own name as
attomey in fact.
I certify under PENALTY 0F PERJURY under the lau,s of the Stale of Califomia that the foregoing paragraph is true
and conect.
Notary Public
SEAL
EXHIBIT 4
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Crntractor shall obtain, pay for, and mainlain - and shall rEuire each of its
Subcontractors to oblain and maintain - for the duration of the Agreement, policies of insurance meeting the following
requirements:
A. Workers' Compensatron/Employe/s Liability lnsurance shall provide uorkers' compnsation statutory
benefits as required by law,
1. Employe/s Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1.000,m0) per accidenl Ior bodily injury or disease;
(b) ONE MILLION DOLI,ARS ($1.000,m0) per employee for bodily iniury or disease;
and
(c) ONE MILLION DOLLqRS ($1.000,000) policy limit.
B. Commenal General Liability ("CGL") (primary). City and its employees and agents shall be added as
additional insureds, not limitng coverage for the additional insured to 'ongoing operations" or in any way excluding
coverage for completed operations. Coverage shall apply on a primary, nonontributing basis in relation to any other
insurance or self-insurance, primary or excess, available to City or any employee, representative or agenl of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
mntain no contractors' limilation or other endorsement lim ing the scope of mverage for liability arising ftom explosion,
collapse, or underground pmperty damage.
'1. CGL insurance must not be Mitten lor less than the limits of liability specified 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 ocornence for personal and
advertising injury to any one pecon;
(c) ONE MILLION DOLI-ARS ($1.000.000) per octr:nence for pmperty damage; and
(d) TWO MILLION DOLLARS ($2,000.000) general aggregate limit.
2. CGL insurance must include all major divisions of coverage and must cover:
(a) Premises Operations (including Explosion, Collapse, and Underground [X,C,U"]
coverages as applicable);
(b) lndependentContcclo/sProtective;
(c) lndependentContraclors;
(d) Products and Completed operations (maintain same limits as above until five (5)
years after recordalion of Notice of Completion)
(e) Personal and Advedrsing lnjury (with Employe/s Liability Exclusion deleted);
(f) Contractual Liability (including specified provision for Contrac{o/s obligation under
Article 11 ot lhe General Condilions); and
(S) Broad Form Property Damage,
3. Umbrella or Excess Liability lnsurance (over primary), if provided, shall be at least as broad
as any underlying coverage. Coverage shall be provided on a 'pay on behaF basis, with
defense msts payable in addition to policy limits, There shall be no cross liability exclusion
and no contrac{or's limitatron endorsement, The policy shall have starting and ending dates
concunent with the underlying coverages. The Named lnsured may determine the layering
of primary and excess liability insurance provided that if such layering differs ftom that
desqibed here, the actual coverage program rneets the minimum tolal required limils and
complies with allother requirements listed here.
C. Business Automobile Liability lnsurance
1. Business Automobile Liability lnsurance must cover all vehicles, whether rented, leased,
hired, scheduled, owned or nonowned. lf Contractor does not om any vehicles, this
requirement may be satislied by a non{wned vehicle endorsement to the general and
umbrella liabil y policies. Business Automobile Liability lnsurance coverage amounts shall
not be less than the following:
(a) ONE MlLLloN DoLBRS ($1,000.m0) per ocu.rnence for bodily injury (including
accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1.000,m0) per occunence for property damage; or
(c) ONE MILLION DOLLARS ($1.000.000) combined single limit.
D. Contractors Pollution Liability lnsurance (CPL)
1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Contract Contraclors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising oul of the operations of the Contractor. Coverage shall be
included on behalf of the insured for mvered claims arising out ofthe actions of independent
conlractors. lf the insured is using Subcontractors, the policy must include \,tork perlormed
"by or on behalf of the insured,
2. The plicy limit shall provide coverage of no less than one million dollars ($1,000,000) per
claim and in he aggregate, Coverage shall apply to bodily injury; poperty damage,
including loss ol use of damaged property or of property that has not been physically inured;
cleanup costs; and costs of defense, induding costs and expenses incuned in the
investigalion, delense, or settlement of claims.
3. All activilies contemplated in the Conkact shall be specifically scheduled on the CPL policy
as 'mvercd operatrons." ln addilion, the policy shall provide coverage for the hauling of
waste from the Project site to the final disposal location, induding non{wned dispsal sites.
4. The poliry shall specitically provide for a duty to defend on the part of the insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
E. Builde/s Risk lnsuran@
1. Builde/s Risk lnsunance mvering all real and pensonal property for 'all risks' of loss or
'mmprehensive pnls'coverage including but not limited lo he perils of earth movement
including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the construction at the site, off srte,
or in transit, for the full replacement value of such properties. Coverage shall be included for
property of others in the care, custody or conlrol of the insured for which any insured may be
liable. The City will purchase a builde/s risk poliry for the Project instead of a contractor
purchased policy. Bidder should not include cost for thb coyerage in hisrher bid.
2.0 GENEMLREQUIREMENTS-ALLPOLICIES
A. oualifications of lnsurer. At all times during lhe term of this Contract, Contractor's insurance
company must meet all of the following requirements:
1. "Admitted" insurer by the State ol Califomia Department of lnsurance or be listed on the
Califomia Departmenl of lnsurance's "Lisl of Surplus Line lnsurers" ('LESLl");
2. Domiciled within, and organized under the laws of, a State of the United States; and
3. Carry an A.M, Best & Company minimum rating of 'A:Vll".
B. Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
certificates and additional insured endorsements evidencing the continuation of such coverage,
C. Deductibles or Selllnsured Retentions. All deductibles or self-insured retentions are subject to
City's review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies musl be Minen on an
'occunence" basis and must add the City of Vemon and its officers, agents, employees and representatives as
additional insureds.
E. Contracto/s lnsurance Primary. Olher insurance (whether pflmary, excess, conlingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is ex@ss over Contracto/s insurance.
City's insurance, or self-insurance, or both, will not contnbute with Contracto/s insurance policy.
F. Waiver of Subrogation. Contractor and Contracto/s insurance @mpany waive- and shall not
exercise- any right of recovery or subrogation that Contractor or the insurer may have against City, or its
representatives, or both.
G. Separalion of lnsureds. Contracto/s insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's limits ol liability.
H. Claims by O,lher lnsureds. Contracto/s insurance policy applies to a claim or suit brought by an
additional insured against a Named lnsured or olher insured, arising out of bodily injury, personal iniury, advertising
injury, or property damage,
l. Premiums. City is not liable for a premium paymenl or another expense under Contracto/s policy
J. At any time during the duration ol this Contract, City may do any one or more of lhe following:
1. Review this Agreement's insurance @verage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's
assessment of any one or more of the followrng factors:
(a) City's risk ol liability or exposure arising out of, or in any way connected with, lhe
services of Contractor under this Agreementi
(b) The nature or number of accidents, daims, or lawsuits arising out of, or in any way
mnnected with, the services of Contractor under this Agreemenl; or
(c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement lor an insurance coverage) from a
Califomia corporate surely, guaranteeing payment to City for liability, or msts, or both,
that City incurs during City's investigation, adminislration, or defense of a claim or a suit
arising out of lhis Agreement; or
K. Contractor shall maintain lhe insurance policy without intenuption, from the P@ect's
commencemenl date to the Final Payment date, or until a dale thal City specifies Ior any coverage that Contractor
must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non+enew.
Contractor's insuranc€ company shall mail City writlen nolice al least thiry (30) days in advance or lhe polic/s
cancellation, termination, non-renewal, or reduction in coverage and len ('10) days before its insurance policy's
expiration, cancellation, lermination, or non+enewal, Contractor shall deliver to City evidence of lhe required
coverage as proof lhat Contraclor's insurance policy has been renewed or replaced with another insurance policy
which, during the duration of this Agreement, meets all of this Agreemenl's insurance requirements.
M. At any time, upon Cily's rEuest, Conlraclor shall furnish satisfactory proof of each type of
insurance mverage required- including a certified mpy of the insurance policy or policies; certiticates, endorsements,
renewals, or replacements; and documents comprising Contraclo/s se$-insurance progranF- all in a form and conlent
acceptable to the City Attomey 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, Conhactor shall ensure that the Subcontractor complies with the
following.
'1. Meets, and fully complies with, this Agreement's insurance requirements; and
2. Fumishes City at any time upon its request, with a complete copy of the Suhntracto/s
insurance policy or policies for City's review, or approval, or both. Failure of City to
request copies ol such documents shall not impose any liability on City, or its employees.
O. Contracto,'s failure to comply wilh an insurance provision in this Agreement constitutes a material
breach upon which City may immediately terminate or suspend Contractoas performance of thrs Agreement, or
invoke another remedy thal this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has the right but nol a duty to obtain or renew the insurance and pay all or part of the
premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or
reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe
Contractor.
3.0 CONTMCTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEI/ENTSA. Contractor shall have its insurance canie(s) or setf-insurance administralo(s) complele and
execute the following insurance documents 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 the City Attomey or
City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all
insurance documents is flnal. Sample insurance documents in the City's approved format are set forth in this !.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and
Contraclo/s Polllion Liability lnsurance. The following submittals must be on forms satisfactory to the City Atlomey or
City's Risk Manager, and signed by lhe insurance c€nier or its authorized representative - which fully meel the
requirements of, and contain provisions entirely mnsislent with, all of the insurance requirements set forlh herein.
'1. "Certilicate of lnsurance"2. "AdditionallnsuredEndorsement"
3. Subrogation Endorsement: "Waiver of Transfer to Rrghts of Recover Against Others"
Both Certilicates of lnsurance and Additional lnsured Endorsements must read as follows: 'The City of Vemon,
and its officers, agents, employees and representatives are included as addrtional insureds under the policy(s). This
insurance is primary to all other insurance of the Crty. The City's insurance and self-insurance wll apply in excess of,
and will not contribute with this insurance. This insurance applies separately to each insured or addilional insured who
is seeking mverage, or against whom a claim is made or a su is brought. The issuing company shall mail thirty (30)
days advance notice to the City for any policy cancellatron, lermination, non-renewal, or reduc{ion in coverage."
C. Required Submitlals for Workers' Compensation lnsurance. Contractor shall provide City with a
certiflcate of insurance and a subrogation endorsement on forms satisfactory to the City Attomey or City's Risk
Manager, and signed by the insurance canier or its authonzed representative - which fully meet the requirements of,
and conlain provisions entirely mnsistent with, this Contract's workers compensation insurance requiremenls. lf
Contractor is self-insured for wori<ers' compensation, a copy of the 'Certrficate of Consent to Self-insure" lrom the
Slate of Califomia is required; or if Contractor is lawfully exempt from workers' mmpensation laws, an "Affirmalion of
Exemption fmm Labor Code $3700" form is cquired.
D. Required Evidence of Builde/s Risk Covenage. City will provide a certificate ol insurance and a
declarations page on a form satisfactory to the C y Attomey or Citys Risk Manager, and signed by lhe insurance canier
or its authorized representative. The policy terms musl fully meet the requirements of, and contain provisions entirely
consistent wilh, all of the insurance rEuirements set forth herein. The City shall be named as a loss payee on the
insurance policy for the full replacement value of all buildings, structures, fi(ures and materials to be mnstructed,
maintained, repaired or supplied pursuant to this Contret.
E. Contractor agrees lo monitor and review all such mverage and assumes all respnsibility for
ensuring that all required mverage is provided. Contractor agrees to obtain certiflcates evidencing such coverage.
F. Contractor agrees lo provide immediate notice to City of any claim or loss against Contractor that
includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such daim or claims if they are likely to involve City.
G. No liability policy shall conlain any provision or definition that nould serve to eliminate so+alled 'third
party aclion ove/ claims, including any exclusion for bodily injury to an employee of lhe insured or of any contractor or
subcontractor.
H. Any 'self-insured relention" must be declared and approved by City. City reserves lhe right to rEuire
the self-insured retention to be eliminated or replaced by a deductible. Selffunding, plicy fronting or other mechanisms
to avoid nsk transfer are not acceplable. It Contractor has such a program, Contraclor must lully disclose such program
to City.
Permit Number:
EXHIBIT 5
Statement of Intent to Comolv with Minimum Reouirements of the Stormwater Permit
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Construction Stormwater Program
Date:
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 Control Board (RWQCB), certain activitles are subject to RWQCB
enforcement. To meet the standards of the Waste Discharge Requiremenb for Municipal
Separate Storm Sewer System (M9) Discharges within the Coastal Watershed of Los Angeles
County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001).
the City of Vernon has adopted minimum standards for stormwater runoff from development
construction activities.
These minimum standards require the implementation of an effective combination of erosion
and sediment control Best Management Practices (BMPS) to prevent erosion and sediment loss.
and the discharge of construction waste at each site. At a minimum, the construction activlty
associated wlth the construction project identified above shall be conducted in such a manner
that:
> Prevents illicit construction-related discharges of pollutants into the MS4 and receiving
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 maintained
for all construction sites one (1) acre or greater. Additional conditions may be required for
these sites,
I have read and understand the requirements listed above and certify that I will comply with
the minimum requirements above.
Signature:Print Name:
Property Owner:
EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
EXHIBIT B
SPECIAL PROVISIONS . SPECIFIC FOR THIS PROJECT
CITYWIDE TRAFFIC SIGNAL MAINTENANCE 20I8. CONTRACT NO. CS-09I5
GENERAL
B-1.01 Scope of Work - The proposed project will consist ofongoing and regular field
preventative maintenance and repair of traffic signal equipment, as further described in these
special provisions and Attachment "C" - Monthly Preventative Maintenance Tasks, and other
related equipment by truly trained and qualified personnel. In addition, the Contractor shall
provide and maintain Emergency Service response ofthe City's forty-one (41) signalized
intersections on a 24-hour a day, 7 days per week basis, including all holidays.
B- I .02 Contract Plans - The location map for City of Vemon Contract CS-091 5 are shown on
Attachment "A''. The written locations for the 4l signalized intersections for this project are
shown on Attachment "B".
B-1.03 Specifications - Traffic Signal, street lighting and materials shall conform to the
.GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(2015 Edition), State of Califomia Department of Transportation (Caltrans) Standard Plans (2015
Edition) and the State of Califomia Department of Transportation (Caltrans) Standard
Specifications (201 5 Edition).
B- l .04 Length of Contract - This shall be a three year contract beginning upon City Council
approval.
B- l .05 Delays and Extensions of Time - The provisions of Section 6-6 entitled "Delays and
Extensions of Time" ofthe Standard Specifications shall apply except as modified and
supplemented below.
The second paragraph ofsubsection 6-6.1 is hereby deleted and the following paragraph shall be
inserted in its place:
No extension of time will be granted for a delay caused by the inability ofthe 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.
B- I .06 Quality of Work - The provisions of Section 4- I . I entitled "Materials and Workmanship"
ofthe Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by
Cs-0915 - Page 1 of 10
the City Engineer, whether a cause is determined or not shall be repaired or replaced by the
Contractor at his expense.
8-1.07 Liquidated Damages - As stated in Section 3.07 in Exhibit A - General Conditions,
the Contractor shall pay the sum of$500.00 for each day past the first seven (7) working
days of each month for non-completion of the Routine Maintenance-Inspection and
Cleaning work. Contractor shall pay to the City, or have withheld from monies due it, the
sum of$200.00 for each hour late when responding to emergency situations.
B-1.08 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.
B-2.01 Scheduling of Work - The Contractor shall submit his preventative maintenance work
schedule to the City Engineer at the pre-construction meeting. This schedule must be reviewed
and accepted by the City Engineer before the Contractor will be permitted to begin work. The
Contractor shall give 48 hours' notice to the City Engineer prior to the start of the work.
8-2.02 Working Days - All preventative maintenance work shall occur Monday thru Thursday
beween the hours of 7am-3:30pm, excluding emergency work. The Contractor shall perform
said Monthly Maintenance during the first seven (7) working days ofeach month unless
otherwise approved by the City.
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- I0 ofthe Standard Specifications and provide safe
and continuous passage for pedestrian and vehicular traffic at all times, unless previously
approved by the City Engineer. The contractor shall provide and maintain all necessary flagmen,
barricades, delineators, signs, flashers and any other safety equipment as set forth in the latesl
publication of the State of Califomia, Division of Highways, Traffic Manual or as required by
the City Engineer to insure safe passage of traffic.
In addition to the requirements of the "MUTCD" handbook, the City Engineer may require
flatter traffic 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 ll or Type III banicades and delineators at locations as determined by the City Engineer.
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. In addition to the above, the Contractor shall be required to place trench plates over the
excavated areas to allow temporary access to businesses when necessary.
CS-0915 - Page 2 of 10
8-3.02 Traffic Requiremens - Specific for this Project - ln addition to the general specific
requirements of Section B-3.01 ofthese Specifications, the following provisions shall apply
unless otherwise directed by the City Engineer.
a. Except for emergency work, the Contractor shall submit detour plans to the City Engineer for
approval at least (10) ten calendar days prior to any proposed shutdowns where traffic flow has
to be diverted. This will not apply for emergency responses.
The posting of "NO PARKING" signs within the construction limits 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 "lNO PARKING" prohibition printed clearly in a manner acceptable to the City
Engineer. New signs shall be posted when changes occur in the parking prohibitions indicated on
the previously posted signs.
Signs must be posted at least T2 hours in advance ofconstruction or they are invalid. Signs shall
not be attached to trees or taped to street light or traffic signal poles. The signs shall be effective
for no more than three (3) calendar days and shall be removed within 24 hours after the work is
complete. All signs, lights and other waming devices used shall be in accordance with State of
Califomia Business and Transportation City Department of Public Works Manual of Waming
Signs, Lights and Devices for Use in Performance of Work on Highways. Contractor's costs for
all the above signs shall be considered as included in the appropriate items and no extra
compensation will be paid.
B-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 33Vo
2. Materials l5%
3. Equipment Rental l5%
4. Other ltems and Expenditures I 57o
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 S-percent on work in excess of$5,000 may be added by the Contractor.
B-4.02 Compliance with Laws. Regulations and Safe Practices - The Contractor shall perform
all work in a safe, competenl manner and in accordance with all federal, state, and local statues,
regulations, ordinances, rules, and govemmental orders. The Contractor will be solely and
CS-0915 - Page 3 of 10
completely responsible for the conditions ofthe job site, including safety ofall 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.
B-5.01 Construction Order of Work - Work shall be scheduled so as to lessen the impact upon
businesses,
Requirements - General:
| . All construction shall conform to Sections 6- I and 6-2 of the latest edition of the Standard
Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and
continuous manner. As such, once construction is started in a work area, the Contractor will be
required to work continuously in that work area until construction has been completed 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 of work will be allowed to begin.
2. Once construction is staned in a work area, the Contractor shall not withdraw manpower or
equipment from that work area in order to start construction in another work area if doing so, in
the opinion ofthe City Engineer, delays the completion ofthe 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 ofthe
City Engineer to close either such access or drive approach.
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.
8-6.01 Character of Workers - lf 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 ofthe 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 64, "Default by Contractor," ofthe Standard Specifications, demanding
complete and satisfactory compliance with the Contract.
B-7.01 Examination ofthe Site - The Contractor is required to examine the site and judge for
themselves the Iocation, physical conditions, substructures, and surroundings of the proposed
work.
8-7.02 Mobilization - The cost of all preparatory work and operations for the multiple
movements ofpersonnel, 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.
C5-0915 - Page 4 of 10
B-7.03 Dust Control - Throughout all phases ofconstruction, including suspension ofwork, and
until final acceptance ofthe 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 nor 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.
8-7.04 Temporary Water Meter - lf necessary, the Contractor shall obtain a temporary water
meter from the City of Vemon Water Department by placing a deposit of $1000.00. 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.
B-7.05 Cleaning of Site During Construction - During construction, all existing improvements
adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis.
The Contractor will be responsible for such cleaning.
8-7.06 Final Cleaning of Site and Restoration - The Contractor shall be responsible for cleaning
and restoration ofall damaged existing improvements such as sidewalk, driveway, curb and
gutter, and private property at no cost to the City.
The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gufters. The
cost of furnishing and operating such sweeping after the construction ofthe project must be
included in the various bid items, and no extra compensation will be paid to the Contractor.
B-8.01 Best Management Practices (BMP's) - The Contractor shall submit a copy of their Best
Management Practices (BMPS) to the City Engineer for review ten ( I 0) days prior to the
beginning of any work.
The Contractor is hereby notified that specific construction practices in the Standard
Specifications, Section 7-8.6.2, "8est 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-9.01 Protection ofthe Public - The Contractor shall take such steps and precautions as his/her
operations warrant to protect the public from danger, loss of life, loss of property or interruption
of public services. Unforeseen conditions may arise which will require that immediate provisions
be made to protect the public from danger or loss, or damage to life and property, due directly or
indirectly to prosecution of work under this contract. Whenever, in the opinion ofthe City
Engineer, a condition exists in which the Contractor has not taken sufficient precaution ofpublic
safety, protection of utilities, and/or protection ofadjacent 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
CS-0915 - Page 5 of 10
the event ofan 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 of the City
Engineer, may seem reasonable and necessary.
The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall
be bome by the Contractor. All expenses incurred by the City for emergency repairs witl be
deducted from the final payment due to the Contractor.
ROUTINE MAINTENANCE
The Contractor shall enact a continuing comprehensive maintenance program designed to
eliminate or reduce any incidence ofmalfunctions, complaints, and extension ofthe useful life of
the City's traffic signal equipment. The program shall include at a minimum the following:
B-10.01 Monthly and Annual Preventative Maintenance - The Contractor shall provide monthly
and annual preventative maintenance on the forty-one (41) signalized intersections per the list of
tasks in Attachment "C". The Contractor shall complete Monthly Preventative Maintenance
Checks per the list for each maintenance inspection and shall indicate the minimum work
required for each item. The contractor shall maintain a record of all service calls and work
performed upon the signal equipment, listing dates, hour ofday and description of service work
performed. A copy ofsuch record shall be maintained at all times within the controller cabinet at
each signal location. A log sheet giving a brief description of all routine and extraordinary
maintenance activities shall be attached to each monthly invoice. A monthly report ofactivities
for each intersection's events, sorted by time, is to be included in the reports requested by the
City. This is to be accompanied by a report of all activities sorted by time as well. The
Contractor shall maintain electronic records ofrhe completed checklist form for each
intersection in the Contractor's MMS throughout the term of this contract. The Contractor is
encouraged to make available via a web interface electronic records of the completed monthly
preventative maintenance checks as well as activity reports in real time.
The Contractor shall maintain two separate logs at each signalized intersection under this
contract. One log shall detail each monthly and preventative maintenance inspection by the
Contractor. The Contractor shall complete at a minimum on this log, the inspection date, anival
time, departure time, type of inspection, any findings or repairs, and the Contractor's employee
name or ID. The other log shall detail any extraordinary repairs or service calls for the
intersection. This log shall detail the nature ofthe emergency/service call, the Contractor's
findings, the repair made, Repair Order number, ifapplicable, arrival time at the intersection,
departure time, and the Contractor's employee name or ID. All information must be collected
and submitted with the monthly invoice.
B-10.02 Traffic Signal Control Equipment- The Contractor shall repair, replace or otherwise
render in good working order any and all defective parts ofall traffic signal control equipment.
Whenever the Contractor replaces any defective parts on either a temporary and/or permanent
basis, the Contractor shall identify the parts being replaced by manufacture's make and model.
Furthermore, the Contractor shallonly use new parts for permanent replacement. Exceptions to
CS-0915 - Page 6 of L0
this requirement shall only occur on an individual basis upon advance written approval from the
City.
No permanent changes of traflic signal control devices shall be done without prior written
approval from the City. In addition, any changes shall also be indicated on the maintenance or
repair log within the traffic signal controller cabinet. The Contractor agrees to notiry the City in
advance ofany planned or scheduled traffic signal turn-offs/ tum-ons only upon prior written
approval by the City.
B-10.03 New Installation or Deletions- The Contractor shall maintain any new traffic signal
equipment and any other related devices, which are installed for or by the City throughout the
term ofthe contract. These devices will be deemed to be added to the existing signalized
intersections listed on Attachment "B" when the City notifies the Contractor ofthe installation
thereof. These added devices, regardless ofthe complexity and technology shall be maintained in
the same manner and for the same flat rate as those devices already covered by the contract.
Should responsibility for the maintenance ofany current or future traffic signal device cease to
be the City's, the City will notify the Contractor in writing ofthe last date to perform
maintenance.
EXTRAORDINARY MAINTENANCE
B-ll.0l Definitions- Extraordinary maintenance shall consist ofbut not be limited to the
following:
a. Repair or replacement offailed or malfunctioning parts ofthe signal system ifcaused by
vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or
excavation.
b. Minor upgrading or installations as directed by the City.
c. Replacement of detector loops including saw cut lead-ins as required.
d. Replacement of pedestrian indications.
e. Installation of complete new pedestrian heads.
f. Installation or replacement of pedestrian push buttons.
g. Installation ofnew trafTic signal heads.
h. Installation of Light Emitting Diodes (LED's) as directed by the City representative.
B-l 1.02 Notification- The Contractor shall contact the Public Works Director or his
representative regarding any extraordinary maintenance work except emergency repairs and seek
his/her prior approval in writing before the work is scheduled. The Contractor shall notify the
City representative by telephone at least twenty-four (24) hours in advance before any work is
CS-0915 - Page 7 of 10
commenced, except in emergencies where injury or property damage may result without prompt
response.
B-l 1.03 Emergencies- The contractor shall respond immediately to emergency calls such as a
total blackout, when directed by the City, and dispatch the qualified personnel and equipment to
reach the site within two (2) hours under normal circumstances.
For the emergency repair ofa signal, which is totally blacked out, the following procedure of
traffic control shall apply:
a. The Contractor shall dispatch qualified personnel and equipment to reach the site within two
(2) hours under normal conditions. The Contractor's vehicles shall carry traffic cones, flashing
arrow boards, traffic waming signs, etc., which shall be used when directing traffic during an
emergency and/or when deemed necessary by the signal technician, the City Engineer or his
representative.
b. If no police officer is present and temporary stop signs have been set up when the contractor
arrives at the site, the Contractor shall set up more traffic waming and control devices, if deemed
necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor
shall set the intersection in flash, remove all ofthe temporary traffic control devices and place
those devices owned by the City off to the side ofthe road and then switch the intersection back
to normal operation.
c. lfa police officer is still at the site when the Contractor arrives, the Contractor shall quickly
examine the signal, evaluate the situation and discuss it with the police officer. If the repair will
take only a few minutes, the police officer may stay to continue to direct tra{fic while the
contractor repairs the signal. If the repair will take longer than the officer can wait. the
Contractor shall immediately set up necessary traffic control devices and other necessary
warning devices and relieve the police officer.
B-l 1.04- Method of Payment- Upon receipt of an itemized invoice within thirty (30) days of
completion ofthe work, City shall compensate Contractor for such repairs required beyond the
scope of routine maintenance as follows:
a. Materials- The city shall pay the Contractor for materials used in extraordinary maintenance
per the bid items on the Bidder's Proposal plus the percentage markup specified in this
agreement NOT TO EXCEED 15%. All materials and parts shall be new or have the approval
ofthe City Engineer, if otherwise. The City has the right to inspect the Contractor's records to
verify any material costs used in extraordinary maintenance.
b. Direct Labor- The Contractor shall present with their monthly invoice with a record ofhours
spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City
shall pay the Contractor for such hours of extraordinary maintenance at the rates specified in this
agreement. Said hourly rates shall be the total cost to the City. Rates shall include all
compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or
on behalfof workmen for health and welfare, insurance worker's compensation, pension,
vacation, sick leave or any local, State, Federal or union tax or assessment.
CS-0915 - Page 8 of 10
c. Equipment- The City shall pay Contractor for equipment used in extraordinary maintenance on
a per trip basis as specified in this agreement. The listing ofper trip equipment rates shall
constitute total rates to be paid by City when specified equipment is used. No additional
payments ofany kind shall be paid for equipment except as specified in this agreement ofper
trip rates as stated. No additional compensation shall be paid for transporting the equipment to or
from the job site.
B- 12.01- Rewire- Rewire of any intersection will be charged on a time and material basis. Prior
to any work of this type, a written proposal will be submitted by Contractor and approved by the
Director of Public Works before any work commences.
B-13.01- Knockdowns- All knockdowns (except for a Type I-A pole) will be charged on a time
and material basis. A written proposal will be submitted by Contractor and approved by the
Director of Public Works for the replacement of any damaged poles or mast arms before the
order is placed.
GENERAL MISCELLANEOUS
RECORDS
The contractor shall maintain a record ofall service calls and work performed upon the signal
equipment, listing dates, hour ofday and description ofservice work performed. A copy ofsuch
record shall be maintained at all times within the controller cabinet at each signal location.
A log sheet giving a brief description ofall routine and extraordinary maintenance activities shall
be attached to each monthly invoice.
A monthly report ofactivities for each intersection's events, sorted by time, is to be included in
the reports requested by the City. This is to be accompanied by a repon of all activities sorted by
time as well.
NOTIFICATION
The Contractor shall notify by telephone, the Public Works Director or his authorized
representative, within 24 hours ofthe alteration of the operation of any signal or the installation
or removal of any substitute controller or component.
SHUTDOWNS
The Conlractor shall notify the Vernon Police Department and the Public Works Director or his
authorized representative of any signal tum-offs or tum-ons necessitated by his operations and
shall not make said tum-offs or tum-ons until a police o{ficer is present or unless given
permission to proceed without police control by the City Engineer or his authorized
representative.
CS-0915 - Page 9 of 10
COMPENSATION FOR ROUTINE MAINTENANCE
The City willcompensate Contractor at the agreed price per signalized intersection per month.
Said compensation shall include all services rendered, labor, materials, equipment, overhead and
profit. Delays due to Contractor are subject to liquidated damages as specified in the
specifications (Section B- I .07).
ADDITIONS TO SYSTEM
The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant
devices as they are installed, or become a part of the maintenance requirements of the City. In
the event that notification is made ofa new installation other than the beginning ofa monthly
period, the unit cost ofroutine maintenance will be prorated from the day the Contractor is
notified.
TYPES OF SICNALS
The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of
signal controllers, accessories and systems as may exist in the City now or that may be installed
during the life ofthe contract.
CS-0915 - Page 10 of 10
EXHIBIT C
LIVING WAGE PROVISIONS
l\4inimum Livino Waoes:
A requirement that Employers pay qualifying employees a wage of no less than $10,30 per hour with health benelits,
or $11.55 per hour without health benelits.
Paid and Unoaid Davs Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or
personal necessity, and an additional ten days a year of uncompnsated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the employer's
compliance with the living wage ordinance. Employees may bring an action in Superior Courl against an employer
for back pay, treble damages for willful violalions, and attomey's fees, or to compel City officials to terminate the
service contract of violating employers.
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of fiis Agreement, the contractor and each
subconkactor shall adhere to equal opportunity employment practices to assure that applicants and emdoyees
are treated equally and are not discnminaled against because of iheir race, religious creed, color, national
origin, ancestry, handicap, sex, or age. Contraclor further certifies lhat it will not maintain any segregated
facilities.
B. Contraclor agrees lhat it shall, in all solicitations or advertisements for applicanls for emdoymenl placed by or
on behatl ol Contractor, state that it is an'Equal opportunity Employea or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, nalional origin,
ancestry, handicap, sex or age.
C. Contractor agrees lhat it shall, if requested lo do so by the City, certify that it has nol, in lhe performance of this
Agreemenl, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to povide the City with access to, and, if requested to do so by City, through its awarding
authority, pmvide copies of all of its records pertaining or relating to its employmenl practices, except to the
extenl such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing mntained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.
for
CITYWIDE TRAFFIC SIGNAL MAINTENANCE FY 20I8
CONTRACT CS-09I5
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., March 20,2018, by the City Clerk, City of
Vemon,4305 Santa Fe Avenue, Vemon, CA 90058, (''Bid Deadline").
All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title ofthe
bid and the bidder's name address appearing on the outside.
Bids should be mailed or delivered in person before 2:00p.m. on the Bid Deadline. LATE
SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk's
Oflice 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, Vemon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable
fee of$20.00 will be charged if mailing is requested by calling (323) 583-881 l.
Pre-Bid Meeting:
A pre-bid meeting to answer any questions regarding the project plans and specifications is
scheduled for March 13, 2018 at l0:00 a.m. in the Public Works Department,4305 Santa Fe
Avenue, Vemon, Califomia. This meeting is to answer any questions regarding the project plans
and specifications.
Attendance is not mandatory.
City of Vernon Contact Person: Department of Public Works
Attention: Vince Rodriguez
Phone: (323) 583-881 I ext.220
Email : vrodriguez@ci.vemon.ca.us
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for
qualification.
General Scope of Work:
Contractor shall 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 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: Ongoing and regular field preventative maintenance
and repair of traffic sigrral equipment, as further described in this special provisions, and other
related equipment by truly trained and qualified personnel. In addition, The Contractor shall
provide Emergency Service response for the repair ofthe City's forty-one (41) signalized
intersections on a 24-hour aday,7 days per week basis, including all holidays.
The work shall be done in accordance with Contract No. CS-0915 Specifications; "Greenbook"
Standard Specifications for Public Works Construction (2015 Edition), State of Califomia
Department of Transportation (Caltrans) Standard Plans (2010 Edition) and the State of
Califomia Department of Transportation (Caltrans) Standard Specifications (2015 Edition). ln
the event ofany conflicts, refer to the Procedure of Contract Documents" contained in Ceneral
Conditions, Section 1.10.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive ifthe Bid fails to document that Bidder meets the
essential requirements for qualification. As part ofthe Bidder's Statement of Qualifications,
each Bid must establish that:
Bidder satisfactorily completed at least (3) prevailing wage public contracts in California; each
comparable in scope and scale to this Project, within (3) years prior to the Bid Deadline and
with a dollar value in excess of the Bid submitted for this Project.
Other Bidding Information:
l. Contract Time: This Work must be completed within 365 calendar days from the date of
commencement as established by the City's written Notice to Proceed.
2. Amount of Liquidated Damases:
a. $ 200.00 per hour late on emergency call-outs.
b. $ 500.00 for each day past the first seven (7) working days ofthe month for
non-completion of the preventative maintenance.
3. Required Construction Stasine - Not part ofthis contract
4. lntermediate Completion Milestones Contractor shall perform Monthly
Maintenance during the first seven (7) working days ofeach month.
5. Biddins Documents. Bids must be made on the Proposal Form contained herein.
6. Engineer's Estimate. An Engineer's Estimate ofthe cost ofconstruction of this Work has
been prepared. Said estimate is in the range of $_ 42,000 to $ 4E,000 for the total annual
preventative maintenance.
8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to
award all or any individual part/item 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
performance ofthe Work. including full completion ofall 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 ofChapter 9,
Division 3, Section 7000 et seq. ofthe Business and Professions Code. ln compliance with
Public Contract Code Section 3300, the City has determined that the Bidder must possess the
following license(s): c-10, Electrical Contractor, and D-31, Pole Installation and Maintenance
Contractor from the California State License Board as applicable to such self-performed
Work. Contractor may substitute the D-31 license for a Class A, General Engineering
Contractor's License. The Bidder will not receive a Contract award if at the time of submifting
the bid, the Bidder is unlicensed, does not have all ofthe required licenses, or one or more ofthe
licenses are not current and active. lf the City discovers at the time ofthe Bid Deadline that
Contractor is unlicensed. does not have all ofthe required licenses, or one or more 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 Listinq. Bidders must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and
the Bidder must provide all ofthe Subcontractor information that Section 4104 requires (name,
address, license number, and portion 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 disqualify a Bidder. In such case, 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 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 ofthe Work listed and shall hold all specialty
certifications required for such Work.
I l.
Authorizations: The City has applied and paid for the following Governmental Approvals and
Utility Fees.
12. Bid Forms and Securitv: Each Bid must be made on the Bid Forms obtainable at the
Department ofPublic Works. Each Bid shall be accompanied by a cashier's check or certified
check drawn on a solvent bank, payable to "City of Vemon." for an amount equal to ten percent
(10%) of the total maximum amount of the Bid. Altematively, a satisfactory corporate surety
Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may
accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will,
within fifteen (15) calendar days after the date ofthe award ofthe contract, enter into a valid
contract with the City for said Work in accordance with the Contract Documents.
13. Bid lrrevocability. 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 Waqes. This Project is a "public work" as defined in Califomia Labor Code
Section 1720. Contractor awarded this Contract and all Subcontractors ofany tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of
worker needed to perform the Work. The Director of Industrial Relations of the State of
Califomia, pursuant to the California Labor Code, and the rates determined by the Califomia
Director of Industrial Relations are available online at rruu.dir.ca.cor,'DI-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 of Labor
Standards Enforcement).
I 7. Reeistration 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 . l(a)]. No contractor or subcontractor may be awarded a contract for
public work on a public works project unless currently registered and qualified (including
payment of any required fee) with the DIR pursuantto Labor Code section 1725.5. This project
is subject to compliance monitoring and enforcement by the DIR.
Carlos Fandino
City Administrator
Dated:2120/2018 (Approved as to form by City Attomey)
Published: 2/28/2018
City of Vernon
Instructions for Bidders
Project: Cigruide Traflic Signal Maintenance FY 2018
for the Department of Public Works
City personnel with whom prospective bidders will deal with are:
Vince Rodriguez, Public Works Project Coordinator, 4305 Santa Fe Avenue, Vemon, CA 90058
(323) 583-881 I Ext. 220.
Bid opening date and time: March 20, 2018 C'Bid Deadline")
Bids will be received and opened at the Oflice ofthe 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 Califomia Contractors License and must Iist t)?e
in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline
and at all times during the performance of the Work, except as otherwise provided in
California Business and Professions Code Section 7028.15.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of
any part 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 wrinen requests to
City not less than ten ( l0) calendar days prior to the Bid Deadline. The person or
entity submifting the request shall be responsible for its prompt delivery to City's
Contact Person identified in the Notice Inviting Bids.
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4.
Any interpretation or correction will be made only by Addendum issued bythe 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 cost 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 lnviting 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. Include all Bid Forms, properly executed, and intact on forms provided. Enclose
the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for"
followed by the title and Specification Number and the date and time of the Bid
Deadline, and the Bidder's name and address. The envelope may be mailed, hand
delivered, or delivered by courier or package delivery service.
D. One Original Bid and two copies shall be hand delivered, delivered by courier or
package delivery service to the City Clerk, City of Vemon,4305 Santa Fe Avenue,
Vernon, CA 90058.
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 partners.
D. Corporation: An officer shall sign for a corporation. The corporate name must be
aftested 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 oflicer's will be accepted only if an authenticated
Incumbency Certifi cate 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 of all mobilization, preparatory work and operations for the
multiple movements of personnel, equipment, supplies, and incidentals to the
various project sites must be included in the various bid items, and no extra
compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly
legible figures, the Base Bid, the 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+hroughs 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. If any Bid, or portion
thereof, is determined by the City to be illegible, ambiguous or inconsistent, City
may reject such a Bid as being non-responsive.
C. In the case 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. AII 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
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 ofthe 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 995.31 l) as surety ("Bid Security").
All bonds must be issued by a Califomia admitted surety insurer with the minimum
A.M Best Company Financial strenglh rating of "A:VII" 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 from 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. Ifthe
bonds are executed outside the State of Califomia, all copies ofthe bonds must be
countersigned by a Califomia representative of the surety. The signature of the
person executing the bond on behalf of Surety must be acknowledged by a Notary
Public as the signature ofthe person designated in the power ofanomey.
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 (14) calendar days after award ofthe Contract. Bidders will be entitled to
retum of Bid Security except when a successful Bidder forfeits its Bid Security. A
forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to
the expiration ofninety (90) calendar days after award ofthe Contract; attempts to
withdraw its Bid when the requirements ofPublic Contract Code $ 5l0l et seq. ate
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 retumed to the original
lowest Bidder. lf the City rejects all other Bids presented and re-advertises, the
lowest Bidder's Bid Security may be used to offset the City's cost of re-advertising
B.
C.
8.
and receiving new Bids. In that case, the surplus if any, will be returned to the
original lowest Bidder.
D. The Bid Security shall be held for ninety (90) calendar days after the award ofthe
Contract or until posting by the successful Bidder ofthe payment and performance
bonds, proofof insurance, retum ofexecuted copies ofthe Contract and necessary
certification(s), whichever first occurs, after which time the Bid Security will be
retumed to all Bidders.
E. lf a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond"
contained in the Bidding Documents, which Bid Bond shall be properly executed
and acknowledged by the Bidder and by a corporate surety 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 of the City, result
in the rejection of the Bid under which the Bid Bond is submined.
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." Subcontractors listed must
satisfy the mandatory qualifications described in the Specialty Contractor or
Subcontractor Statement of Qualifications applicable to the Work to be performed
by each Subcontractor and Bidder must submit the completed forms with the Bid.
Notwithstanding the provisions of Paragraph 22 herein, the Bidder's Statement of
Qualifications and the Specialty Contractor or Subcontractor Statement of
Qualifications shall not be public records. All information required by a Bidder's
or Specialty Contractor Statement of Qualifications shall be completely and fully
provided. Ifno information is to be filled in a blank space, then write "none." Any
Bid not accompanied by a Bidder's Statement of Qualifications and Specialty
Contractor or Subcontractor Statement of Qualifications form completed with all
information required may render the Bid non-responsive. lf the City determines that
any information provided by a Bidder in the Bidder's or Specialty Contractors'
Statement of Qualifications is false or misleading, or is incomplete so as to be false
or misleading, the City may reject the Bid submitted by such Bidder as being non-
responsive.
B. A responsible Bidder is a Bidder who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily
perform fully the requirements ofthe contract documents. In selecting the lowest
responsible Bidder, consideration will be given not only to the Bidder's financial
standing but also to the general competency 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 types
9.
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 ofthe work.
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) of the Subcontractor's place of
business, each Subcontractor's license number, and the dollar value of each
Subcontractor's labor or services. If additive Altemate Bid Items are included in
the Bidding Documents, the Bidder shall identify each Subcontractor performing
additive Altemate Bid ltems, when such Work - or the combination of base
Contract Work and Altemate 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 ofthe Work listed
for such Subcontractor, and hold all specialty certifications required for such Work.
C. Disqualification ofa Subcontractor. The City has the rightto 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-inc luding, but not limited to-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 of the Contract, the successful Bidder
shall substitute a properly licensed and qualified Subcontractor without an
adjustment of the Bid Price.
D. Work of Subcontractors. The organization or arrangement of the Specifications
and Drawings do not limit the extent of the Work for the Contract Documents.
Accordingly, all Bidders are encouraged to disseminate all of the Specifications,
Drawings and other Contract Documents to all persons or entities submitting sub-
bids to the Bidder. The omission of any portion or item of Work from the Bid or
from sub-bids, which is reasonably inferable from the Contract Documents, will
not be a basis for adjustment ofthe Contract Price or the Contract Time.
E. lneligible Subcontractors. The successful Bidder is prohibited from performing
Work on the Project with any Subcontractor who is ineligible to perform work on
t0.
a public works project pursuant to Califomia Labor Code Sections 1777.1 or
1777 .7 . ln submitting its Bid, the Bidder certifies rhat it has investigated the
eligibility of each and every listed Subcontractor and has determined that none is
ineligible to perform work pursuant to the above code provisions.
CONTRACTOR'S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty
of perjury, certifying that the Bid is not the result of and has not been influenced by
collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit,
or believed to be made in violation of the requirements set forth in the affidavit form, may
be rejected.
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 fourteen (14) days after the Bidder's having been notified of
the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made
without this statement, or made with an incomplete statement, may be rejected.
EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK
A. The Bidder shall examine carefully the site of the Work contemplated and the
Drawings and Specifications. The submission of a Bid will be conclusive evidence
that the Bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and quantities of Work to be performed
and materials to be furnished, the difficulties to be encountered, and to the
requirements ofthe 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 if it is awarded the Contract, it will make no claim against the City based upon
ignorance of local conditions or misunderstanding of any of the provisions of the
Contract. Should the conditions turn out otherwise than the Bidder anticipated, the
Bidder agrees to assume all risks incident thereto.
PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for
I l.
12.
13.
14.
15.
comparing Bids, and no claim shall be made against the City for excess or deficiency
therein, actual or relative. Payment at the prices agreed upon will be in full for the
completed Work and will cover materials, supplies, labor, tools, equipment, and all other
expenditures incident to a satisfactory compliance with the Contract, subject to all
applicable provisions in the Contract and General Conditions.
PERMIT FEES
Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum
shall include the cost of administration and coordination for all Govemmental Approvals
and Utility Fees.
SUBSTITUTIONS
No requests for substitution ofany material, device, product, equipment, fixture, form,
or type ofconstruction shall be considered by City prior to award ofthe Contract. Bidders
shall submit all requests for substitution and substantiating data, within seven (7) calendar
days from the date ofthe Notice to Proceed. Bidder shall refer to the appropriate provisions
of the General Conditions for additional information regarding substitutions. Authorization
of a substitution is solely within the discretion of the City.
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
lnviting Bids. Ifsuch notice is wrinen, 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 lnstructions
to Bidders. Once submitted, all Bids are inevocable, 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, et seq. Bidder agrees by submitting a Bid
that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or
cancelled for a period ofninety (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
Bids. Atabulationof all Bids received will be available for public inspection at the
Office of the Department of Public Works, 4305 Santa Fe Avenue, Vemon, CA
90058 during regular business hours for a period ofnot less than thirty (30) calendar
16.
17.
18.
19.
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 ofthe 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 Altemate Items are called for, the lowest Bid shall
be determined according to Paragraph 20 below.
B. Evaluation of Bids.
l. Mandatory Qualifications. A Bid shall be rejected as non-responsive ifthe
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
of Bids will be made by the City within ninery (90) calendar days following the Bid
Opening.
20.BASIS OFAWARI)
A. A Contract will be awarded to the lowest responsive and responsible Bidder
meeting all requirements set fonh in these Bidding Documents.
B. City reserves the right in its sole discretion to select any, all, or none ofthe Bid
Altemates at the time of award of the Contract, regardless of whether such Bid
Altemates 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 and3 attached thereto. All signatures must be notarized.
C. Properly executed policies of all of the following: (a) the Commercial General
Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional
Liability, if required, and (e) the corresponding endorsements for each policy in
accordance with the requirements set fonh in Anicle 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 submitted by Bidders. Each element ofa
Bid which a Bidder desires not to be considered a public record must be clearly marked as
set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other,
non-specific designations) shall not be sufficient and shall not bind the City in any way
whatsoever. If City receives a request from a third party to make a Bid available for
zt.
72.
23.
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 of any 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 oflicers, agents, employees, and representatives from
and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses
arising out of or alleging Ciry's refusal to publicly disclose one or more records that Bidder
identifies as protectable, or asserts is protectable.
PREVAILING WAGE RATES AND EMPLOYMENT OFAPPRENTICES
A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant
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 of the Department of Industrial Relations of the State of
California and the United States Secretary of Labor have determined the general
prevailing wage rates in the locality in which the Work is to be performed. Said
rate schedules are available on the Internet at . The
wage rate for any classification not listed, but which may be required to execute the
Work, shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. To
comply with California Labor Code Section 1773.2, Contractor shall post, at
appropriate and conspicuous locations on the job site, a schedule showing all
applicable prevailing wage rates and shall also comply with the requirements of
Califomia Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to Califomia
Labor Code Q 1777.5 and Title 8 of the Califomia Code of Regulations $ 230,
Contractor and Subcontractors ofany tier who are not already approved to train by
an apprenticeship program sponsor shall, within ten (10) calendar days of signing
the Contract or subcontract, as applicable, but in any event prior to the first day in
which Contractor or Subcontractor has workers employed on the Project, submit
the Public Works Contract Award lnlormation 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
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
24.
Payments (DLSE Form PW 26) shall be completed for each Contractor and
Subcontractor ofany 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 notiry all potential Subcontractors
submitting price quotations for portions of the Work ofthe 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 of any required fee) with the
DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section l77l . I (a)1. 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. I187, the City's Living Wage Ordinance. Upon request, certified payroll
B. Documents shall be provided to the City. lf there is a difference between the Vemon
Living Wage rates and the Califomia Prevailing wage rates for the same
classification of labor, Contractor and subcontractor shall not pay less than the
highest wage rate for that classification.
C. Equal Employment Opponunity in Contracting. The City of Vemon is committed
to a policy of equal opportunity in contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are
encouraged to submit bids or proposals. 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
supporting the Contract. Contractor certifies and represents that during the
25.
26.
performance of this Contract, it and any other parties with whom it may subcontract
shall adhere to equal employment opportunity practices to assure that applicants,
employees and recipients of service are treated equally and are not discriminated
against because 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 Califomia Fair Employment and Housing Act (Califomia
Govemment Code Section 12900, et seq.), Califomia 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 orior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5)
calendar days following the City's notice of intent to award the Contract; and
4. The written Bid protest sets fonh, 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 Indemnification. ln the eventofa Bid dispute based upon the Bidder's
submission ofthis 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]
ORIGINAL
BIDDER'S PROPOSAL
Iho undersl$Ed slbmlts ltrb Bil h rBpomo to h tlolir lnvitlrg Bids bsr6d b, UE Cl9 b dEfiuct trE Wb{t o{
lhe lolloHing ProFct in ecordelr wifi tt€ Conffi Doqmfiis:
PROJECT: Cit[ire lrafiic Signal Ma'nl€ndca FY 2018J@[Ecl!h,.,]qg@!l
A. ErElcod lElEwlth ad by hb r€folome lncorpolebd tEcin ad mde a pdl of his Bidois B5 ale the
fofonrp conSfd fotns:
L Bird€/s Propood
a SclEdule of Bd Pric6
3. lncumDerrclcarilf,cat6
{ Bld Seorrity ln tl€ ftIlowtrE h.m (dect me):
E Ceshiei s Cneci E Cerlilied Checl E 8id Bond E cash
5. EIdde/s $*mnt ol Qdificahm
C. Exp€.brEe Fom
7. Statemeot of VlolatuE of Fed€ral, State cr Local Law, apdicable
8. Conlrdclor Sahty c)lJesbnnai€
0. oesrgnaton ot Subco.ltrdo6
10. Contr{h/s Afidavit d t{oncdl'.Ehn
ll. hsurance RoqdlBtrE {s AfideYit
12, $atement of obqudlhaIon o. Debarnent.
13. PrsBi, Sito lns@ioo C€rtfrcalbn.
B. Ads'ouiodgrnffl ol Add6nda. Tho Bird6 shdl dstoihdgo tE reelpl o{ dl Addenda by attailng a signed
copy o{ d Addonde, ard by tdng al Arlddda recolEd fld dbdEl ln tlE spc bebflr.
Addendum #'l - 0U12118
Addendum #2 - 031141'18
f ar Addondun or Addqda t|alts b€en issued by the City and not l&hed ad mted abow as bBing rBceivod
by lh€ Bird€r, tho Bid may b6 rsi€dd.
lrBp€dbn of the Wdk aid ConM o@urrEob. Blrdor Hlifios tlat it has car€fuly sxarnin€d ad is fully
fadlar sffi dl d [m povbir]s of fE Birding hrmonB eE sdd Blddng Doqme.Is contain sufficieot
debf mgadlng fie lrl'o b be po.foflrEd; tlld f h6 rEtlfred Oty ol ary ercrs o. o.nissixE h $e Bir&E
D@unenb ando. arry Urusual $b co{d[irns: ld hal it h6 carefufly cHed d yvods. priccs, ad
Page 26 of L17
stalafiEnts ln lhls Blddlry o@rment. Birder tpEby cert'fEs thd lE/she fld higher Subcfitrdors lEye
inspected lhe site ard ,elated DratiingE and Specificatjons of nhrk and fully &quainted honEahos wllh all
conditixE and mdels wt{ch may in y lrJay aftct the Wo , tlme of complolbn or the GE t\ol€of.
Biddor also cerlihs h6/sho hss ob6on od the dcslgnated Contrdctor Woft ar6 dd access routss. if
dbdos€d or shown, as pad of trE Wo* in his Conlret.
PRE.BID SITE INSPECTION - CERTIFICATION:
Person{s} wtD impecH ete of tha proposed Work fo{ your ffrm:
Nam Slellefl Teal Date o{ hspeclis, 03/15/18
T lle Director of Service
Name: Michael Hutchens Date ol tnsp€ction 03/1 5/18
Tiile: OperationsManaqer
D. Bklder agrees hat dl cosb of Wort st|oxn in ho Bidding oocurEnls, lrEtuding work G6onably ir{srable
ItErefrom and nece6sary ttEreto. ae rnduded in L9ls Bid. All Wolk stlown in fE Contract Documsls lo{ u,iich a
specific line item rs not provided in tr\e Blddlng Form ls indud€d in tiE Bild€/s TolalBa6 Bld Prke.
E Fodeilue of Bij Security Birder futher erBes thd, ln cc of hMs defadt in €x€orting th€ t€quired
Confad and ttE rsqurr€d bonds, or fumishing lhe requir8d hsurace, the mooey pafaHe urder the Bii Secudty
emmperying his Bid shdl be appliod by tE City touads payrn€nt ot tho ddnago b ttle C[y on accounl ol $ch
dshult, as provlded ln tie Bldding Documenh
F. Perbd of krevocaUllty. Bldder agress lhat this Bid shall remain open and shal nol be withdrarm h a p€{bd
ol not less lhan ninety (90) calerdar days ftom lhe dalo of avard of Coobacl, or ufltil qecbd by he Clty, whhhe\er
period b shorbr.
C. Bid Dispute Indemnificstion. ln the event ofa Bid dispute based upon 0|G Biddrr's submissbo ofrhis
Bid d the City acceptance ofsam€, tlE Biddcr shall indcnni!, deferd (with counselsccc rble to City), oDd hold
harmlcss the Cily, its City Council mcmbers, employees, and agent-r fiom lirbility, claims, dcmards, damagcs, and
co$s arising thercfrom ifsuch di+utc or action arises solely upon thc aryanl ofs Contract in complilncc rriih fedcasl,
slale, and local lsws.
I h€reby cerufy under penaaty of periury under the h!,vs of tb Slate of Cdlhmia that ll€ r€pr€seobtbns made he{Bin
are kue and coff€ct
Executed th6 20th dayol March at
Page 21 of L1i
Ca
Stale
Biddei's Proposal
Res@tfully Submitted
MITE OF BIDOER
Siemens lndustry, lnc.
coMPANY
NAME:
ADDRESS:2250 Business Wav
Riverside. Ca 92501
CONTACTPERSON: MichaelHutchens
TELEPHONENUMBER: 951-784-6600
E.MAIL: michael.hutchens@siemens.com
FAXNUMBER. 951-784-6700
CALIFoRNIA STATE COflRACTOR'S LICENSE NUNBER: 758796 (Class A. B. C10, C16)
EXPIMTIOi',IDATE: 02128r/2019
TAX IDENTIFICATION NO.: 13-2762488
SURETy COMpANY: Marsh lnc. / Federal lnsurance Company
All Bid forns mtlst be *)ned where so indbabd by he persoo or peGons duly aultb.ized to stgn on behaf of the
Bilder. By signirE ttE BiI, ltc peson signirB is deemed lo repressnl flal ho or she h6 artioity to bhd the BiJder.
Failure to sign Ule Eldde/s PmpGd may inyaldde t E Bk .
Page 28 of 1'7'l
Form of
Please chec* the
- SIGNATURE(S):
slgnatur€ bbcl b€low d flll h at clated hlormallon
Printsd nam6 ol perso.r silning
l--l soe p,oprl.toonip,
Signature
LIst all d/Ua'si
Bi
Tille:
E General Patrpr E Limited Partmt
Printed narne of person signlrlg
Signalu16
By'Steven Teal
Printed narne
! Partnership
lndirdual E other
By:-ille:
Corporate Oiicar rrtle Director of Service
Corporate Seal
Printed narne of person slgnlrE
SgnaturB
Nam€ ol dlJoint V€nlurBG
ltf lhe BiCder b a coDorat on or a limitod liability company, ento{ slat€ or county of incorpo-ation in addllion lo UE
business addess and Lrrclude an rnoimbency certihcale erelJted by a Secrelary lhereol h tie fffm ssl forlh hercin
listing eeh ofircor will sigring aulhority and higtEr cor€sponding oflica. ll [l€ Bijdsr rs a padrErship or Finl
venluror slating that the resp€clive padner or pint yeoturer agroes to bs tr€ld ,oinlly and se\Erdly liable for any and
all of the dutres and ouigatbns ol the Brdder undor th€ Bid dld under any cooEact abing tho{€fmm Attrch
€videnco to th6 8ij Prop6al Fo{m lhat tho indivijual signing h6 authority to do so.l
Page 29 ot 111
L-.----venlure; DCffiitron
SCHEDULE OF BID PRICES
PROJECT: CityliJe Tralfrc Sgnal f'lalntenanco FY 2018JQ9!.f49ll&lq@!!
BIDDER'S MME: Siemens lndustry, lnc.
MSE 8ID
Pu6uant to and in compli ce with your l,lolbe lnviting Birs and Contret Documents reiating lo lhe Pmixt inchding
all Add€nda (albch srsned @pies), Bidd€r, havlng b€comE fiomugtly laml[a dlh ttE terms and cordilbns ot UE
Contract Documenls and with localcorditiorB af€ctirc tte portonmrf,€ and tt€ csts of the Work at the pl&e where
llle lvofi is to be done, heeby proposes and agrc€6 lo fully perform IIE wo* uitiin th€ tirn€ slat€d in strhl @rdance
wilh ttt€ Conlrst Doau[Ents (including lhe furnbhing ol any ard all labor, nraterlab, Loob, ependable equiprEnt
and utility and lEnspo.tatlon servic€s n€cessry to fully perbm the Wort ad comdete it in a yo{kmanlika rnann€4
for lhe told EeBlsum of:
rwo h Dollars (3_?9215a.09_)
Propo3€d Conslruction Costs Broakdom
SECTION II. EXIRAORDIMRY MAINTEMNCE
A, Malsid: Cootr&lo/s 6l for lie supply plus (+l 15% per tlE Gr€en B@k
B. Laboc C@tr&to/s hourly rates (irduding all frirE€ bo,Efits, martup, or/€rhesd, €tc ) fo. dt l$
dassificathrB involved in oxtraordinary maintgnarEs-
Bii
Item
No.
Classificahcn T lle Hours
Per Y6ar
Straight
Tme
Total Cost
Per Year
2 Signal Mdntenance Superhlendent HR !S 96.00 s 480 00
3 Engineering Techn'Dian HR 10 311500 s 1,15O.0O
Laboralory Technlclan HR 10 $ go.oo $ 9oo,oo
TIafic Signal Technidan- Load (ltilSA revel lll C€rtilled)HR t20 $ 1 10.m $r3,20o.00
6 Traffc Signal Technrcian- (IMSA Level ll Cerlifed)HR 80 $ 96.00 $ 7,680.00
7 Utilily Tshnicbn- Lead (C€rtiir€d)HR 30 $ 115.00 $ 3,450.0O
E Ulility Technician HR 30 $ 8s.00 $2,5s0 0o
SUBTOTAL FOR BID ITEMS NO.z THROUGH NO. 8 $ 29.410,00
Page 30 of 117
Bd
tem
No,
CLASSIFICATIONS T TLE Unil Hours
Per Year Overtime Total Cost
Per Yee
9 Signal Nlaint€narce Supsrintendenl HR 5 $ 130.00 $ 6s0.00
10 Engineering'l'echnbial HR 10 $ 145.00 E 1,450.00
1t LaboBtory Tedlnrcian HR 10 3125.00 $ 1,250.00
12 Traffic Sionel Todrnician- Lead {IMSA Level lll Cerlitod)HR 120 t 138.00 t r 6,560.00
13 Trafic Signal Tedrnician- (IMSA Ler,el ll CertifEd)HR BO $ 118.0O $ 9,440.0O
14 lJlility Technician- Led (Certified)HR 30 3147 00 $ 4,410 0O
Ulility Tedniian HR 30 3125.00 t3,750.m
SUBTOTAL FOR BIO ITEMS NO.9 THROUGH NO. 15 37.5.t0.00
Bid
llem
No.
Labor ard [.,!aledal L,nit Qty Per
Year Unil Pnce Tolal Cost
Per Yea
lnstall 6'diafiEt€r trafric loop (4 or l6s)EA 12 465.00 5,580.00
7 lnstall 6' diameter fafllc loop (mo(e th 4)EA 12 400.c0 ,t.800.00
18 FumEh ard lnstal 6'diarneler Uke loop (4 or les6)EA 12 $ 46s.oo $ 5.580.0O
19 Furnbh and lnslall 6' diarneler tike loop (rnore lhan 4)12 $ 400.00 3 4.800.0o
20 Furnbh and hslau No. 5 pullbox 4 | 37s.0o s1,500.m
21 Fumbh and nslall No. 6 pullbox 4 i 52s.00 3 2,100.00
22
Furnbh and install LED Countdom Ped6trler H€a&
(Dialioht)12 t 150.m 3 1,800.00
23 Furnbh and install A0A push butlon EA t0 | 90 oo 0900.0o
24 Fumbh dd hstdl ADA push htlon ass€rnbly com*to
with shBs.EA I 3165.00 $ 1,320.m
25 Fumbh and iNtall handhole cowr (Smdl Plstic ovd 0.
rectanodar).EA I l5soo $ 220 oo
26 Fumbh 8nd install tEndhole cor€r (Smdl Galvaniz€d
oval or rectamular).EA 4 $ 55.00 $ 220 0o
?7 Fumhh fld imtall hadholo cowr (Large Plastic oval or
rectamLdar).EA 8 I ss.oo $llooo
28 Fumisl and install hadhole cover (La€e C€lvanized
oval or mclamular)8 $ 55.00 $ 440.0o
n Furnbf and lnstdl 3 ssuon 12' tEad on shaft EA 4 $ 820 0o $ 3,280.00
30 Fumisl and instdl 5 section 12' llead on shafl EA 2 $ r.150.00 $ 2,300.00
31 Furnish and uEtdl 3 secton 12" hed on m6l arm EA 2 $ 750 00 $ 1.500.00
Page 31 of 177
JI Fumbh and instd 5 6odb0 lZ doghouse fih rnal flm
m0ut EA 2 $ 1,1@.00 $ 2,200.00
33 Funtsh d instdl NELtA confd rnorr(or EA 4 $ 995.00 3 3.980.00
34 Funish xd insldl 21 wlt po$er supply EA 4 s 450.00 $ 1,800.00
Furdsh fld insldl 8' LEo Rsd BaI (Didighu EA 1C $ 63.m $ 630.00
Jb Fumish ad irstall 8' LED Ydlot^' Ba[ (Dl&ht)EA 6 t 63.00 $ 378.00
JI Furnish and install 8' LEo Gree^ Ball (Dia!'Ettt)EA 10 t 63.00 $ 630.00
38 Furnigh and install 1? LED Red Ball(DialigN)EA 24 $ 63,00 $ 1,512.00
39 Fwnbh and install 1 2' LED Yello"v Ball (Dahtrt)EA I s 63.00 $ 504.00
40 Funbh d instdl 12"LED Green Bal (Oabht)EA 24 $ 63.00 $ 1,512.0O
41 Fumish and hstdl 1 ? LEo ed Anorv (Dialgh0 EA I c 63.0O $ 252.00
42 Fumish and insld '2 LEo Yelb Arow (Dialigh0 EA 2 a 63.00 $ 126.00
43 Furnish and iBtdl 1? LED Green Am,r/ (Dialight)EA 4 $ &.oo $ 252.00
44 Fumish and imtall 7?xlr 6Ns Panel(Gree 1{iito)EA 12 $ 425-00 | 5.100.00
45 Conduct Satety L.rght and |SNS tlight Survey (Monthly)12 $ 520.00 $ 6,240.00
46 llBtall City lurniSEd rcgdaEy sign oo srgnar m6t am EA 50 t 13o.oo $ 6,500.00
47 Rephce Typ t"q 119'1 ,L,EA 4 3 525.00 $ 2,100.m
48 Adttst alirfln€nl of sbnal hoad on pol€.EA 10 $ 45.00 $ 450.00
49 AdiFt aligrm€nl ot signal head on mast arm EA 4 $ r00.00 t 400.00
5C
Furrish and lnslall Type 332 cabinol w h 170 ATC
Mccain conkoller p€r LG ArEehs Co.mty SFcificsliorE
(complde h place wft dl necessary equiprEn0
iflddino trn{fl. l$/e€lend nlo*}
EA 2 31 1,5m.00 i 23,0m.00
51
Furrish and inslal Type P1 or M'l cabl.ld with ASC/2$
2100 Ecomlib conlrdl€r psr Los tug€l€s County
Specificslions (corn*te h Cac€ w h dl n€cssssy
eoubr€nl) irdlxf,no turn-on. (Weetend Woft)
EA 2 $ 3s,soo.m $ zr,ooo.oo
52 Fumbh d insla' 170ATC i.{ccdn conlroller EA 2 $ 2,'roo.oo $ 42oo.oo
53 Fumish and install Coball Conuoller EA 2 $ 5,150.00 s 10,300.00
ST,BTOTAL FoR BID ITEM l.lo. 16TfrOlrGH NO.53 $ 179,846.00
(LA8OR ANO MAIERIAL)
Bi,
lom
\0.
EquirrlBnl Unil Qty Per
YBar Unil ftice Totd Cos(
Per Y6at
Page 32 of 17 /
Pick-up truck TRIP 80 t4500 $ 3,600 00
55 Hydraulic service buctet lruck TRIP 120 $4s oo $ 5,400 00
56 Hydraulic Boom Truck TRIP 5 $45 00 $ 225 oo
57 CompEssor wlh tools TqIP 5 $25 00 $ 125 00
58 Crane Truck TRIP 5 $450 oo s 2.2s0 00
59 Concrete Saw TRIP $20 00 $ 100 00
60 Waler Truck TRIP 1 $2000 $2000
SUBTOTALBID ITEM NO 5sTHROUGH NO. 60(EQUIPMENT) $
SUBToTAL BID |TEM NO 54THROUGHNO 60 (EOUTPMENT) $11,72000
SECTION III. CONTRACT PROPOSAL COST SUTIIATOI{S
GMND TOTAL 8ID ITEMS NO. 1 IHROIJGH NO 60 (USED FOR BID PURPOSES ONLY)
Two hundred seven thousand three hundred
Doltars ($ 297,3s4 OO
four dollars and zero cents
otal at top page 30 of 183)
Brd is lor cornparison purposes. Adual pay to the Conretor for omergancy v,ork will bo bas6d on aclual tim6 ard
matedals based ofl unit pri:es provided All unit prioes shall include allolertEad costs and profils.
All olher work it€ms, labor. mat€rials, t@ls and incidentals w ch are not spscifically listed h lhs above bij ilems, but
are necessary to complele ttE proiect per specifoations, and all other applbable standards ard codes are consldered
to be included n the abve tid items.
l, lhere is a discrepancy boty,€en (1) ttE "Grand Total' shovvn imrn€diat€ly abov€, (2) any of tf|€ 'total cosb' sho$,n in
the far right column above, or (3) the individual Unit Price, ttEn the Unit trlcs shall conlrolo,rBr the total cost, ard lhe
totai cost shall control ovsr tll€ total tf, hoe,ever, lhe unil prrca is arnbQwus, unintelligibb, or uncartain for any ca6e,
or rs omitled, or is lhe same amount as he enlry for lh€ ilem total, th€n lhe item total shall prerrail and shal be divUed
by the estimated quantity for the item ard he pric6 lhus oblarned shall be fie unit pdce.
Bidder shall oxclude lho co6t of Pemit Fees from Bidds/s Base Bid sum; Baso Brd sum shall includs lhe cost of
administralion and coordination of GovernrEntal Approvals and Utility Fees.
Page 33 of 177
Signature Steven
Director of Servid6-03t20t18
Trile
758796 (Class A. B. C10. C16)
tiE.Be Numbs
Date
02t28t19
Dale of Expiration
(SEAL - il Birl b by a
Marsh lnc. (Federal lnsurance Company)
M. Moiica (973401-5005)
445 South Street, Monistown NJ, 07960
Amunt of Certified s Cashie/s Ch€ck or Bid gond $ 19,rf S ' o
ct
Page 34 of 17?
Address
Attest
. r,l i;\tth.t
lr?
'' .r' "'
"t "'l' '
ACKNOWLEDGMENT
notary public or other
certificate verifies only the k entity ot the
who signed the document to which this certificate is
attached, and not the tru$fulness, accuracy, or
Stale of CaliforniaCountyof Riverside )
on March 20th, 2018 _ be1o.".", Candace Gallaher - Notary Public
(insert name and title of the ofrcer)
personally appeared Steven Teal
who proved to me on tfle basis of satis{aclory evk ence to b€ th6 p€rson(8} whose narne(g is,/are-
subscribed to the within instrument and acknowledged to me that helsfielhcy exedted the same in
his/herAbir authorized capacity(brr, and that by hislb.r/thcir signature6Jon th€ instrument the
person(s), or ihe entity upon behalf of which the person{s) acled, execrrted the instrument.
I certiry under PEMLTY OF PERJURY under the laws of the Staie of Califomia ihat the foregoing
paragraph is true and conect.
WTNESS my hand and omcial seal.Coftll30ar f 2117338
lolrry Puuic - Crllornir
orng! Counly
Signature (Seal)
INCUMBENCY CERTIFICATE
Print l€gibly tie nem€s and title of trE prEsrdeot and all otfic€rs of the Company who are autiorized to sbn the Btd
Forms:
PRESIDENT'S & OFFICERS' NAII,lE:TITi.E:
President and CEODavid Hopping
Sigrld Dengler Executive Vica Presldent, CFO & Treasurer
SecretaryLisa Greene
Steven Teal Director of Service
Also see attached "Delegation of Authority"
Dtrgcto. of Sc{Yae
The undersigrEd hereby cenifies to lhe City ol Vernor hal ho/she h tho duly elocled and acling S€€Flery ol
Siemens lndustrv. lnc.(the 'Comparf), and that, 6 slxh, hdshe is authodzed lo sxocule
this lncumbency Cedificate on Dehaf of lhe Cqnpdy, and furtEr cerlifies thd ttE perss named abova ar€ th6 duly
ebcled, qudified ard eting ofiice{s of tire Company, llotsirE on tfle dale hsreor, tE lltes and posltbns set fortr
opposite thsir nam6 and ere aulhdiz€d b sbn tie Bid Forms
lN WITNESS WHEREOF, the und6rsign6d h€s sxocuted lhb lncumborrcy Codillcate this 20th day ofMarch .2018
Steven Teal
D.ecrd o'se'vr.. 6€o|ll6t/€ tlame-Prinled
Dkeclq of
lo-stSee attached Bid Bond
Premium funounl;
Eond's Efleliv€ oato
BrD 80ND
Page 35 of 177
Bond llo
Bond Numb6r. 7943443$CHU-1 8-55BD EONO
RECrltl.S
1. Ihe Gry of VE lEr, Cslb.ia {'CM, lta ind a }Hco hvihg m kr EE t'lu dclqiod 6 b&{B:
sp.Elcdfl i|q csoorq crrffre s',c r*.lrE fY iolscsrEtEr. \,g-E.r, ot (?roidf).
2. ln r6p..E8 b tle Ndbe h,iE tlh,SianErE lndusty lnc 9225 Br€ Caya Rd.. Alrer, Tx 78733
(Ndi., .d&css. id @lnn oa Cqt (ry)
5121215z0O (".inclpaj],
h6 subllltbd 0le a.rcmpanyhg Bi, h 0E P.qrcl
I
I
i
t
3. PrilcirC b rcquiEd unds ,a h.ne d fE *dcdil!--rrd C EiffI oc!flElb Gaaurc.d h $ lo lrlffr I hord rlh
tE 8U.
a. Tne Sdodol} hdJifig Cl ir {IEfihq* Ed erp*{Enb, ad Aincird! I d 16 hcorDo.U k{o lt Bdd '|dndararlol b,hbr€frsr8.
SEI&AIEI:
TIGREFORE h vahD rE dEd, Wr, Prh+d rd
Fed€.d k!|l.rE Cfirg.ny 2O2S thB m Rd, \.ih'bhoo!. Sbhn. NJ 0l6t0 eo6{@noo
(llsE, ddr6,.rd ldds. d Srrel),)
fSrIelyl,
a duly adnfled suDly iNuer und€r Calbmb's hrr, ryoe ss ldolE
B, hb Eqld. We iinl, ai ssry ot&€h lEis,0Eqrlqs,6drhi{Iak s,srE !rq!.
8nd assigos b p€t cly lho Da0ali.ttt ol rfl Frofld Eo ^nourooars 0___ro1r,!od,lts_) (h Sddd Sur.). t$ anolrlt
comp.hirB lEl le$ tEn IEN PERCENT (lo*) o{ Prh+ds 96 Bd, h hri/ mdoy ol 5! Unl6d grbs d AlEbi
The Gdih.nb LirlBd Reslhnl Aec trStdyk
Auslin l.lelt 315 Calhmi. Strc( Sb l30O S.n Fr.rld.co, CA8.1U 115-719021e
(ibiq dd.sq rd hCroll.)
RaELrod l€Enh CCbris Doprlmd{ ol hsr:arco Ltorlo No et3Ixta
IIE CONIUIION OF IHIS BONUS OBLGAIION lS IMT. f (1) PriEipal dG nd (a) dHrdw fr &, lo. tu pqin qedfedhtlo m p6rod b ffinin€ay (9) c*.td dalFaiE, Cfy f,Id il CqrHbrtE Rqe4( (h) ld lrrr fE rqiEpds o, Cdlomb Ar ic Co*ad Co& g'10'l d seg., q ary ecDerio.lqi{ixr arc rEa rd; o. (4 Cfy aEE ftir.+C tte Co.rfsd h trlpdBr ro Prircirlt &, rd 'd0ir 16 lino ad mdmoi
spedld by lr 96&dbn q Coruad h'nenb c--I rD pe.lod b sF.jIed--{ilfi bqbar (1,1) *xtr daF # [E
Collhcfs ar€d. Priripd (a) dgns id ddvers b Cly tE Colrd. h utl E yfi [E Bk, as qld, (b) luddlC lhe
reqrod bond lor rII orty Pfidpd! Efii pe.brnsrca ad po9{ luEna{ ol ar6 Co*act, but *o RilIipals raym!0l ls
ldo. itd n*r ! u!8d h he hq€4 ad (cJ [rmkf.. 0r€ Eq*€d hiu"rE, t'.o hb ohledim b€.ones rxl! aM wid.
OnErvAq ltt Bond remaillr h ,r brc€ rnd sftd, ad 0to tClorhg lgmi grd cDflf,qls epry b hb Bffd:
l Sll,eys otfrabor udd tlt Eod fl s.gdah, hepdrdd* to!l, ad nd cdrl{erl eon my o$er sr.t f6 g'ldttb.iu Uid
l+on Ctyl rJrft [E Cor*&t b PixiE!, nt! Prh4sl rl er{4 hb h Cortd *r CIty.
2 No ,tlt ol -tbn -orE! oi ii. Bo.d b ery e{rq o0!J nar Cly o, as grcE ssds ard atIE
3. IIar-bnCl,dheqdyirn@rybilftfE or nbrFot hb &ndb baE, Srdy,rusl p.y- h ddd) to 0E hided$ii- Cli4 r!..o.Ehh .abrrEyr' hls rd fg!&n c6b, h { rlDd llc @ut 6r.]!
a. S/re4 $d mf cly dbn ma.r d l6*t $ dEs baft.!: (a) n d!di',€ dde ql 'iri, XF SuGry r ca06l. bmhsb, d$ll&d, ldn tS Bod; o. (b) Ut! Bdi bto.rEr voU o. l,l0r${lr*t h. aoy .la6.f!
Or he dale sd h.fi b.brr, fihchd and tudy dly q€clhd h'p 8cnd. y/ih ltE n E d.adr pdly epee]rB Ebwlri signed
by ltr r0p.!sg1blw(s) undq lrc a$odly ot Is go\i6nirE body.
Page 35 of 17'7
I
Mrrdr 20lh, 2018
PRIrcPAL
g..rBE hritry lna
SINETY:
Fadead llrtuarca Company
Bdtany O- Olarir
()lrrEl
A0onrr-ln+.dtrs: s\Rd- f c€fA^c,rg
tr-)
ldess h. ss,hg lubr6 uollr D@rrrnb:
(rr)
lds h. 56*19 t&6 d oar oonlle
2fi4 ltB rfl M, Wtlblrou$ Selin. tU 0t8te
E Y/OEACE fi]SI8E
Il€lflml/EY+,/-FI0fS
COCPORAT€ STA
OFtl'IYPERSCTT SGI{NGi{SIITU JEY+}FICr.
BE NOIr'F,IE,.
r cof,F@lrE sE{. [IAr8E flffiESSED 0N I]iS m' l*El' I]€ tr lJCPrL C I]iE SIJRETY m 8OrH,
IREI CGPoeqIIoit
Page 3-l of 7'17
Dalel
ACKNOWLEDGMENT
notary public or oth€r ofEcer completing this
certifcate verifies only the identity of the
rflho signed the docum€nt to which this certificate is
attached. and not th€ truthfulness, accuracy, or
State of California
County of Riverslfu ,
on March 20th, 2018 _ b€;o,." n*, Candace Galhher - Notary Public
(ins€rt name and title of th6 officar)
p€rsonally app€ar6d Steven Teal
who proved to me on lh€ basis of satistactory evidence to be the p€rson(r, whose nameFruaf+
subscribed to the within instrument and acknoxbdg€d to me that her'shcJth€y exocuted the sam6 in
hislh€rflrcir authorized capaoty(iesl and that by hts/lt nrtdr signaturc(s, on the instrument the
p€rson(r,I or the entity upon behalf of which the person{s, act€d, execubd the instrument
I certify under PENALTY OF PERJURY un(br th6 laws of the State of California that the foregoing
paragraph is true and corr6ci.
WTNESS my hand and
(Seal)Signature
SiATE OF
cdNW ffs. aon"
On ttb 20lh day ol l{8rcn
betore |I8, $rdra L. Hrm
EOiDAC$OIrYLE0G|,ENT
FOR
SURElY'S ATTORNEY.IT+FACT
m__!9-
lrlssoirri
SAUXARp|A ))3s
)
narE), a Notay Pubilc for said Counly, persondv appeared a.ituny o. chvin
(Mm). who proved b m on [E basb ot salisfrlory evid€rEl b be the pdsoo u/hose name b subscribed to this
inslrufiE as lhe dtorney in laclof Fq,€r.l ln3r.n ! cdiPlny , ard mlnoYl€dged b rne lhal he/slE
grbscribed lho naflE d Sbr€n3 h4t.!y lnc.h€r6lo 6 pdrrctd, fld hh/h€ ow) narF
6 altoflEy i0 bd.
I cedify under PENALIY OF PER URY urder lhe la*s ol ltE Sht6 ol Catlornia ttal tle hrEgd{g parag[8ph is lru€
Page 38 of 1??
t
CHUEIEI'
Power of Attomey
Federal lnsurance Company I Vtsilant In rance Company I Pactfic IDdemnity Company
IE A! bt IL. kr@, llEr lIDn/r.L DlstnllrcE OmA}lI, rn lndlr|. corpo.adm, Ylcflllf lGll^trca C(ID rII. . lte Yo.k corF.:{bn, .rd P,/ICI'rc
tt{Dgtl'r COIP I{Y,r nt.q$ cqDorrlD,.bc.dh.r.SycuElu.rirydr Pmcla ^ 8.cln n, Cyndi. L Chof.n, e.itr.nY O. CLvh,.loam R- Fr.nlL
9nd..LH.m,HcidlAlloth.k.n.r\,EnL'Roid!r.ndDGbr.csd5.ld.(ofsl.Lord5|Mh!ou+-
..ch r rl|.k l.u rd l lu Arlqnc:rt}fe lo.r€nie Lnd., $d (blrtrbr h rb.I nlc.d to.e rHr (apa-& taL to rd dtx! h. rd dr,xf ta{ a.tretydrrtdtor.rh.rrt.tortdtd{dcdrr-ldsh@.r$nrlhud,FEpo..LarErra.6lodrCdtrmcr.Iio{X. Lttyh.n utffirtn r
t h {r.d rH rhe tortr ud erhorly her.b, girEn ro rh Ar(tEri}tu d b. rn Ld a ,G,e&d l,}r Fbr rrtria ,erioC di(! otrdr lilrr b- h..n A to
t): Coollllsrq.Er o.FnnElr of HihHr oadE Cormotrrl.|llt dlrrr4& ban rlJ]V(lFFtr ro d: t|dfsho or llr,odbr
bgb *Lr[t d lDIn ln$Itlrclooll l:L lmlI,tl? llgnrurcl mlxl. rd PTCEC IllE{Tr OreAxY h.rt..dr a.cu.d d rrsrat lh ..
FGr i rd.ft.d rE cd?s'r. sob dr riir ZF &yot Sat-.r.lrg.
Sor,rLYn.ahro^-e(*r*t"&,--
gqrh.o ll lLary Vr\ Prcad$r
@@@ @@@
STATT G llEIV'EIIIEY
Col.rtyofHunr.rdql s
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COUPAIY. vrcn m lllst,RAli(a d]IPALY. I PAClllC ltl)trNTY COIPTNY. dE colrpui.r rdidr !r.€1r.d rtr toltrct t'.t of Aro.rE,,, ud ! r.ld D.rrl x-
O (o1 belf b ,I: drly rin[ dn degE Ild ry tlEr CE ir ls.iltrt 9crn.!y of DEX/II ll\6LrR l{CE COXPAI{Y. Vrcll.^,at lroJr I{Ca @llPAllY, rd PAGPIC
n{DBXt{rY CO{P r{Y .lrd brir rh. c(,Dd-& s..t dEreo{. Ol.r tlE r..b.nh.d t! tlE for.tor5 Pti,tr dAldrry -r sodr drr& r.b sd r.! rnro.mEd t,
dho.n, of s.$ c llp.rli'r Dd rtrr {E {Dd !.i! lolt ot^n'rc, - Arllstd S.(,e|r., oalad oq:der D, fr!.uttn4r rd rhr JE a -c(rll{d r,s| $.,t n X.
B.lEr. urd broys hnn ro b! tts ktsiir.nr dsil OolP.tri= .rld rt r ficirDrure dSr.DlEn L tlrq, jasqa.d ror.d Pn r dAldr., b h th.8.finr lrrdrrllrg of
lbvm U (Ilkn\ lL\i{:rn llI\ritr-
lcah€o L tLnry. rrli r.5 tEcro $bscrlxd by arldiy o(rul CotE!/ri6.nd h d.poDentt p(t*fl.?
* ttlnilt r AErlltronft ert^E (, ll3r a,BtYx. iElalcdrir@ atd Iy tq lora
Gller undft my hand .nd !€.ls ofs.E CdE-is a lYhintbl5. Sr.iM. nr. rhl5
@@@
reluE n.dop..d by rh.go.r&dt ir(loIlof FEUEIUL|i.SI lUMlCOlrP flY, YIGI rTlNlrRAI\rcaUP XY, Ild PAOflC IIO€XIITYCOXPTTI.Y 6 AtAEt 30. I)le
_IEDA/E Ua dE b&rtrndatsElrotdnra irul6HdrolL(qst'. o{td*. dr*tr.rsarrd., d6.aa&r qa6r,-dEn! oadu ccFd.rnhb t.LdtEyrco,r-E hd. a Ec nr!i]
O E-l d rt (LiBr rL lrellrr rr rL vle tiilnb., ri.CoFrlLln, rrbs4i r.crDr.rrltac-Ft-r E.rro.lddorlt.cqFy ud$rb.!Coat!. Cryyddbte.
(a Erd dq.gFr-d ab.r.t-nbd d dr co[ca! I lai, adlEir{ rc.4.r. -, 6 Co-btrr b.{ e !&Uo,ar clqrr. -& dr.d of t CortVdoo.,itc b &dd rh.]debtr i.irr*dbrictrr otFE! For!.d5.rur FrdrraoqxlE-rdrerr+&.
(D Er.l C.t C!.. 1t trE&..d r! vt. tr.*B oI.b O,rtFrraHr{.hErt, tu rdd E o,rhoi.r.b.IFtubiltr.ry Fs lh.rdEfb& ol' rl. 6!--t rtn fl por€ .n aaEit'ocu. 6. d 6 b..HotrLcdp.t ErB ac doa|Ec"E.lddEqh,dstrLlco-ltEtEoadr.tutFyer.rt F.aid n d qnd rFdcEa rlrh trilEd rrr0.ltFrr,D. o. (b C ft-. Cd- o bt i.bolr qrErlsk'ravrfthl.do-r
(l) f..l o, r& CEIE 6. hsild -d d! r,n lrel5aB oI L CrybLttydq8tn .i atdoarlr cow.odd.t,.hitt brr o Er otsoarlElhFrrlrdto.ryrod' hdotd oatu Cd?.rl,. r& 6. Ooq!ry!t .l - aErI i.l sni(h@drb.CdF,-4adallrutnrhd.Ltn ,l.d#or.o E, r. b a*jrrl.d dad Url! Cb.ics r !'!-E+ cEEFrbt \t!|c.cnE
(' rl lrEd-toc.<d..EF!d.s.oEn ry trlEa coEBra@Gr (. dd.t-o.Frr D dr Er-. dt 3..ldrhc I.n ErD.rt dlt&l a./d hrr., E-r drrh- qffi r r at*.,
rumarBlvlrl .E L rnF- &!i fl rd t **dtot-Bdi.i.EddrFG.d-bD-orifurE* sai&Fsorba&..dlt HIo,La6F -drde.tuiHulErtr.Lr&.G'dr.a.ryidif c,rd..artr!alyrrr.daEd'
I, D.ro 11 Cfla$. A..lrfl S.!rt.r, of FE)f4/tl ltagn^licE 0a PAlsY. VIGI m NIJa^ICE COXPAI{!. rd P OFrc lloEflnY @IP l{Y ib'(b.DF,51(b H,
c.nlry ln
0) lbefdttdt R...ltft(Lr.&pt db,dk 8o.rd ott,atctoBofrh. Cd4l n . r. t.l.I. cflr.f,lrd ir trll to r? d!&.(0) dt CoII?.tL.rc dt ic.rs.d rid.ub.E d ro tff6d lrtt,bu.ircs h.U $ddr Utrd$.r6 otArrir -d tb Dbuir otcolu L.rd.rr
.'rhodt d by dE US Tr6.ry D.prrnErr nrlh!, P!d.r.l rtdVlihtl.rt lceG€d h ttr US rrlh rt*, ad E d.r'.|b liilEd h G.lD. Plrrm ruco,rril ..dt oI rh. ProyirE orh.d. crp. PrtE Edrrd ltln4 rld
Or) tlE faldrs Fort' oJAno.r.t, is rru., calt.l.iid tr fta ldr. rd .[.q
CER?IPICATION
20ti day of March, 2018.
SOrrrutn.UUoue(re
Fonr+rGo192eu xY HWY(ltv. r2-i6)
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Stsh,luy B€Es
OECEIBER 3I, 2OI6
0n thousands of dollars)
ASSETS
Cash and Short Tqm ln\6strnonts................
Unitad Ststos Governrsn, St8to arld
LABILIIIES
MD
SURPLUS fO NUCYHOLDERS
O'rtrland.E Lo€ses and LoEs Expoflsas,,.,. $ 1 1.482,309
Uno€r.€d P,smiunE,- 2,f23,815
C.d€d Rd.tsrarEe Pt! r{umr Pq}.*1e....... 506.858
Prouslon io{ Rolnsurance
Stocks
Oth€r 29,3i19
'l,t '14,976
15,947,366
Munkipai Bords
(86,990)
6,135,311
5,47t,330
'130.68S
1,289,9G1
3,?27,46
2,926,619
1 ,250,S5
50i1,162
319,505
277,361
21it.956
162.929
163.668
70,2U
1,510,107
1,3G3,050
Othe.
Olhs lntrsted
TOTA INVESTMENTS
lnv€strrFnts ln Alfi Lat€3:
Chubb ln',/€6t rEit HobinOs, lnc.,-..........
Pacific lnd€.nnity Comp-y..-....-............:::
Executiw Risk lid€.nnlty 1nc..............,,......
G,o6t Norltlgn lnsurarco Company ...,,.....
Vtgilant lrBl',arE€ Comp8ny----.-------
Chubb EtropGn lft,BtnEnt HoldrBs, SLP.
Chubb Cqstorn lnsrranca Company..........
Chubb Nalionrd lnqrlncr Cotnpany.......-.
Chubb lndemdty lnsuranca Company....,,.
Other A,filiates
Prgnr!nrg RocevaU€
Ottler Ars€ts
14,9210,243 TOTAL LIAB LITIES
C!trte/ Slock
Pdd-ln S{rdus..........
Unasslgned Funds .....
20,080
3. r 06,809
8,296,020
TOIAL ADMTTTED ASS8TS...................... $ 27,37'1,1 75
SURPLUSTOPOL|CYHOLOERS.............. 11,423,809
TOTAI. I.IABILTTIES AND SIJBPLUSTOPOUCYHOLD€RS t 27,371,175
lnvestments are valuod in cordance wth rrqui€anants ot the tlatixal Aasoclalion ol lGuranco Co.mbdo.r{s.
At DecqyE 31, 2016, lr €atrE t! wtur a dryhg vCua of t565.7@,4SS w'r da0olitd Ii$ govin,ndlt rr0lodlr6
as requH by law.
St!t6, County & City ol Now \br*, - rs:
Dawn M. Chbo€, Assislant S€crgtary of the F€dorEl lrEuranc€ Cdnpany
tEng tuly smrn, d€posog trd GayS l'ld $e forDgolng Stslgidll ol AEroE. Uabilltb and S.rldus to Policyholdc.s of laid
F€d.r.l lnax.nca Compary o.l Oq.nb€r 3t, m16 i! t.tl. ryld cqrEt and a a Uue &ra6l ol llE Annud $daarl. lt ot Said
CoflFany as frl€d wtlh ihe S6c.stsy ot the Tr€alxy ot tho UnftEd SlatB fd ttr€ 12 montlE endng Ogcqnbe. 31, 2016.g$Scribod Ird swqn to bCo,r nE
lhis llerdr 3, 201 7.
Rrun-m.ol-ta^'E(
At!!l.nl S&rllryJEANETTE ST{IPS€Yttdy Publc, S.t ol Nri \6rl(ilo @Sl6O7a1a2
Ouaifiad ln N.slrlJ Cqrnty
w^#
rsn tttc@t3 li( 3^tl
See attached Bid Bond
BSIIAIS,
City of Vemon. Cafrbmla CCit J, h6 berd a t\Uica lnv iB Bids h'r lho vlh.t des.rb€d as b lcirs:
rn Venm, CA C?qflf).
h th€ l,lobcs lnviting Brds
(Nsho. eddrE3s td l€bpts€ ol Coollebr)
fPrindoar)
has submilted he Bil ftr Ulo ftojGcr
3. Prirqpalb rBquEd
he &d
trE brms ol Ure Specrficatrm--srd d Eli&lhg oocurn€nts rshrficed in l-h turnlsi a bond dh
1. Tho Sp€cjficatin irduding its ameodn€oh ard $pplemdlb, {d Pdncjpal's 8rd arB lrco.po€ted inlo t s Bffd and
mado a pad ol il by this
OBLIGATICi.
THEREFORE, k'r value received. $Jb,
('Srletfl,
a duty adnitted sulgly insur€( undor Car,omia's lav/S,6f0ll0r,6
By this Bood. W€ lo nty and s€veraly od(lal8 rd brnd ad otf Bspeclive hei6, ereoJloB, dnhlstators, succassoG,
flrd assilns to pay City th€ pqlal sum ol
$Im'), thls {Ilount
Ljot.ed States ol ArErica
Th€ Cali,omia Licensod Resil€nt Agenl br Sucty b:
Regisl€rBd &drts Cado.ria tl8panrEnt o, humc8 Lic€oss No
l€gislalbn. e not rEq or (2) Oty swar& Prin4d tr Cmtad h rcspqse to PrirEipd\Bil, ard '^ihh Uto tinE fld marnsr
OtErrtise, his Bond rcanairs in lull bce d sfieat and t€ t ldring E nE artd conditpns 4dy b
1 S.jret/ s obligdbos undor hb Bood iE s€pade, hd€oen&nt trcm E|d rct cD.ltEenl lpqn ily o$0. $ety's gua {€€iog trat
upon Cly's af,fiIng ho C{Ilfad b P.kEbal, tr Prhcipd ual glbr inb the Conud uih Cfy
2. No flght ol elho acrrlxs m lhls 8qd b at ertv o{rer tun Chy q Is suc.6soG ad scsE[E
3 al sdion at lar fi in equity is ne{essry b eJllste or inlcrp.El his Bood's bnns, Sursly must pay- in fie Bqded
SurF Cilys rB6dl$h atto.n€fs' ft€s al. lltlggtioo cosl$ i0 arlmnl th€ coun lire6.
THE CONDITION 0F THIS BOIrD'S OBIIGATION S TIIAI il (1
in the Birdhg Doommts, or--il no psi, is s@isd--{or nind.y (
0r (b) atleryt lo yrilhdraw Is 8il wheo Ule rtqdrfiHlb 0f Callbnia fuUic
spedfied by b€ Spedfcatm or C(,ltacl Doturnals o.-il no period is specified-{ilhh {nan (14) cdenda. days alts lh6
Contract s a$,Ed, Prircipal (a) signs d ddryers b O'ty the Contrsct, in acaord c8Contract s a$,Ed, Prircipal (a) signs d ddryers b O'ty the Contrsct, in acaord c8
Gqur€d bo.ds htr nol q)ly Principal s la hlul porb.narc€ d p.op€. fullii,Tentol b
labor and rnaterials us€d in h Prciect, {d (c) lumbhm h6 rBquked irEurmca,
{ S{dy shd mail City $nU nol)E at bast 30 days bst*s: (a) t€ €fiec1iE dab o.r whldr lhe Suety wa carcd,
wi$drar lrcm bb Bond: o. (b) [t Bond becom€s rri, or usllbrcadb lq any l€6dr
Or th€ dde sst hdh bolow, Princlpo/ End SrGty di,t ereuH lhb 8fid, wih lh€ n E o,€adt partr sppsaire balor/ ard
by its rep.sser ativ€(s) under ho arthority ol ib gowning bdy
Page 35 of 177
llo._:
See attached Bid Bond
(Company Name)
CORPOMTE SEfu
Adess for S€rving iloli-s or 0 rcr ooorn€[Is:
(Company NatrE)
CORPORAIE SEAL
EVIDEN(jE MIJSI BE ATTAO4EDG TIE AUTIIffiIN ff A]'tY SIGM /G AS ArOR\iEYJllfACliIIE ATTffiNEY.IN+ACTS $G/.JAruRE M{-/SI BE I,IOTARIZED.
A @RMA7E SE4I i'tlsl8E
"i'PRESSED
OA' IT S FORII W/€N
AEEA@Rffi477O{
PRINfiPAL OR IHE SUREIY, OR 8O7H,
Page 3? of 177
(T re)
See attached Bid Bond
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN+ACT
STATE OF
COUNTY OF
On this _ day m_,
before me,a Notary Public for sdd County, personally appearcd
(name), who proved to rne on basis of satisfaclory evideflce lo bo he porson wtrose narE is subscrib€d to this
instrumenl as lhe attonEy in let and almY/l€dged lo ms that hdshe
slbscribed lhe name ol
6 dlo.ney in facl
thereto as p0ncipal, and his'he om narne
I certify under PENALTY 0F PERJURY under tlE of the State ol Califomia that he foregoing paragraph is true
and corccl
llolary Public
SEAL
Page 38 of 177
)
) ss.
)
BIDDER'S STATEMENT OF QUALIFICATIONS
oRGAt{trATtOir
1.1 How many yea6 has your orgailzatin beeo h business 6 a Co0trador? 26 vears
1.2 How many ysars has your oealzatbn been h fusiness uder its presed nanle? 7 years
1.2.1 Undff whal other nen€s h6 your oEeriz8tion operald?
Republic Electric & Republic ITS
l, your oeanizatbn s a corpo(ation. ansryer the firlorying:
1.3 1 Date of incorporation/organization:L
1.3 2 Stats ol lncoeoratror/o€anization: L
1.3,3 Corpomte lD nmbec c2122691
1.31 1146 s1p616611. David Hopping (Se€ attached 'Delegation of Authority")
1.3.5 Agent fo. Service ol Procss: --SI3IO Friedman
'l 1 If your oeanizalid is a panneEhip, drsaer tlE lollofring:
'1.4.1 Dalsof organizatioMomation:N/A
1.1.2 Type d parlnership (it applicable): N/A
1.1.3 NanE(s)of gen€ral parfra($: N/A
1.1.{ ust ai $at€s in uhl$ you ale regi$ered and slate l0 nmb6rs fur eah:
N/A
1.5 rl your organizalion is individually owned. ansrver the follo,vng:
1.5.1 Date d oeanizalion _M
1.5.2 f1.ms q1o'dnec N/A
1.6 ll the lorm
principab:
LICENSlNG
Page 39 of 177
lnformalion can be pmvided upon requost or by saarchlng on the Slatss w€bsite
3.
3.1
2.1 Lisl iurMictims ln whbh lour organization b tegally qudifi€d to do hrsn€ss, indicde rwistsatim or
license numbers, and categuy ol lic€rse, if applicde.
LN lurMlctbns in which your organization's or lrade name is
2.3 Lisl any licensing s6perclo{E andor viohtiom assesss{, agajnst your org izatbn within filo p8t
hrs lears.
EXPERIENCE
List hepersonnd. n.
32 On th€ Expodeme Ftrm, tbl he prol€cl inbrmation thet oslauish€s lhat Bijder rneels tle
essential requircmenb for qudification sel forth in lho iilandatory Oramcabor6 paag:aph
of the llotice lnviting Bids tor hb Prolecl. lnformation attached
3.3 On s seporat€ slEe( list prd,&ts to wlrch your firm or btrirc h6 been awaflred agownnrent mnh&t since your frrm or buskEss has b€n ln existerrce (giving lhe nan€
ar$ addEss ol tlB proi6ct, lho govemm€nl agency, contact narne aE phone numbor, the
contr&l amount, and c!.tlr&ts slarting dale d ending dale). lnformation attached
3.4 On a separate sheet, list trtE expeftnce ad preseflt commitmnls of the key indivlduals of
your oqatizatim. lnformation attached
CLAIMS; LAWSUIIS; CRIMINAL ACTS
For tho fdlowing qLBlims, lhe term 'ou,ne/ does mt includo omeB ol stoct ln you fi,m if yor,,
fi rm b a publlcly.haded mrporatbr.
4.1 ln the pasl fi\€ (5) years, ha,ie, you, pur firm or any ol ib own€rs, panners, ofricers. or
em&yees been a debndanl in courl, or particl@od in dl a.Utation or mGdiatlon, on a
matter relat€d to:
1. 1 . 1 The porhmd|ce, noDpedo.mare. d€fauli, vbhtiofl, or b,eeh ot a contre{ or
agreemenP
Eyes Eno
1.1.2 A lehil€ collbion or accidenl rn,rolving you firm's anfloyees?
Page 40 of l7l
E YES E} No
4.1.3 Damage to real gopsty a sl E out of yorr s€rvices or operatiorE?
EvEs trNo
4.1.1 Employnent{elatsd nigatin broughl by ar e.nploye o{ your firm?
trYES ENo
tt.1.5 Payrnent lo a subcontrador or supdien
tr YES E I,Io
4.'1.6 oetec{i,ie, d€fici€nt, or subslarded ,rort?
Eves ENo
ll lhe ansxer lo any questions in 1..l.1 to4.1.6isYES, ilentry hen mof lhepoGonor
€nlity [6 sued (ie., 'the dalnffi) or was invdved in lhe rnedhlion or artitsalim; list the
date, cdrrt, courl ddress, ed case number; descdbe UE fucb and ctwmSarE6 gMng
tbe to the hvruit, mediatbo, or arbilmtion; ed set lodh he oubomo or dispoition. Attach
additional shests as n@ssary.
Haa yor or pur firm e,r€r filod a cbim for damages or a laFuit. or Gquesled aoitratbn
or rnedlatlon, agahBt a gorcmnEnt sntlty or a Cli€nl?
Eves Bno
I YES, Ueolify ths govemmenl eflmy or dienl; lbl the date, courl and case number;
describ€ lhe lacts and circumstarces aboul the ddm for dam4€s, or lhe latrsrit, or bolh;
and set forth the ortcome or dispositbn. Altach additionel shGots 6 rEcessary.
Ale ttEre any perding or outstadiog iudgrnenls or liefls agaiEt yo{r, pur firm, or any ol
i6 o,,rn6rs, padnoF, offlc€rs, or omploy€es?
Eves E Ho
lf YES, idenlity uE name ol UE person or entty enlited to payment; list the date court ard
case rumber; describe llp facb and circuflEteEes gMng risa to lhs iudgm€nl or lien. snd
sel forh lhe enount o{ he judgment or lien. Atach additioml stEels if rEcess y.
ln ti'te p6t fire (5) years, has ary govemmenl entity eyer (a) invest8ated, cihd, dbchlinod,
or assessd ary penanies aganst you, your frm, or any ol its otvrErs, parlnels, ofllcels, oI
€mplolees, o, (b) detomin€d or concluded Ihet your firm or ary o{ its o$,ners, parlne6,
officels, o, employees viohted any la$, rules, or reguhlions?
Eves Eruo
ff YES, idenury fE go\Emment entty; list the date, and describe lhe tacts ald
Page 41 of 177
1.2
43
14
clrornstances about oadr lnsbncs. At(ah addllhnal sh€ds 6 rEcessary
h ffE p6t five (5) years, have }!u, your lirm or any of its ovrners, padners, offiErs or
6mplo)€os b6n convided ol a crirne lBlat€d to UE bUding ot a goriEmmer{ conffi, the
ar€rding of a go/€mmont drl€cl, or lhe perfu.marf,o of a gownmont contrel?
('Cmvbted' hdud€s a r/erdlct of gu[ty by a judge or lury, a dea oF guilty, a *a ot nob
contendere, or a fdfuiture of biil.)
Eves E uo
lf YES, idenlity the gowmmenl enlity. lbt lhe dat€, courl and cas€ numboq d€scribo ttp
lacts and circuBtanc€s about eei inslerce; ard sd forth lhs ponalty or punbhrn€nt
imposed. Atteh addltlonal she€ls as necessary.
ln the p6t flw (5) years, have pu, pur flrm, or any ol its omem, partnsrs, offic€rs o{
employees been convicEd ol a crirne involving efibezzhrnent, lhef,, lraud, fogery,
bribery, deceptive or unlalnful business practices, perjury, fdsifying or destmying remrds
or evidsnce, or r€@iving stohn p.operty, or making or submitting s fdse clalm?
Eves Eruo
lf YES, ldentify lhs crhE or olfense; llsl trle date, court and c6e numb€{; describe ltp
Iacts and circmstances aboul eeh hstalce; d set brh fE penalty or punishment
imposed. Attach additioml sheeb 6 rEcessary
Ha,re you or, if Bidder is a co{poraton, ary p.irrcipal of tt|e corDordrm sver b€on
convided ol e felony?
Eves Eno
ll YES, phase exdaln the detals ol that mnvkton ard, it so, ntether you or sail offbet
have sef',ed hb o. her senlence.
h he past fivo (5) y€ars, h6 a governm€nl enlily dstermined or concluded that you, your
lirm, or any of ils oi,ne6, partrErs, officers or enpbyees mad€ or submilted a false claim
(including a fabe cldm fo( payment), or made a matodal mbrEpr€sgnhtion?
[] ves EI r.ro
lf YES, identily lhe govemment enlity, ard desqibe t E frcts ard cimurElancas about
6ach ircbnco. Al€ch eddilicnd slE€ts B nec€osary,
Have you or your @mpary sver b€€n chae€d by any govsmmontal agoncy for fdlurs to
follow sefety Uoc€dur€s? f YES, pl€e o$zin.
Eves Euo
Page 42 of 177
45
46
47
48
49
4.10 HB any go\rernrnentel agenc) svor submitted a complaht eainsl you or your firm to lho
Califo.nle State LatoI Commis$on lor lailure lo subfi{t certified payrolb? tf your answer
is'Yes", plee provide lhe deldls of such comdalnt.
Eves E Ho
FIRM,S OPERATIOI'IAL STATUS
5.1. ln the past se'ren 0) years, has your fim, G anyo{E ebe eling on behalf of your firm, 1lled
hr barkruptcy, irEofirenc],, r€csivsEhip, or rE,gelizdbn?
Eves Euo
I YES, list lie filiE date, ilenlify he colrt and case numbe,, describe fE hb and
circurlgtenco6 givirg ris6 lo oadl irBlanco; ard sst brlh [E dispGitbn or curBnl slalus.
Atttuh additlonal shsts as mcssary.
5.2. ln t\e pat ,lye (5) y€as, ha yorr firm hd an consdiddbns, nEeels, acquisilions,
closings, layof,s or stalf rBduclrfis?
EYES trNo
YES, list tih fili{ dat6, and d6cfibe t't fach and drEumshnces abort e&h instarce.
Attdr addltonar shers as rEcessary. $jiltT,iy,&T"siHi il iffiJli*n work is sro,v, we
5,3. ls your ffm ln the proc€ss ol, or h n€gotlathns towad: (a) consdldatlng, nergfu, selling,
or clGing its hJsfEss, o{ (b) laying of, employees or rcducing sHn
EYES Exo
f YES, doscrib€ fle Fans*ti}l; list the tbipaled ddo b completing 0le tra.Eatlon,
laying ofl omploy€6, or rcducirg staff: and desdlbe the f*b. drcumstaraes, ad re6oo
for taking tlE acthn. Altach addilimd slEeb is necassary.
BIDDING: DEBARMENT: CONTRACT PERFORMATICE
6 1. H6 a go\cmrnent ently €,/er debarcd, dbqualflled. removed, susponded, o( oth6rris6
p]€!,Brl€d you or your fim fmm bilding on, contracling, d comCelirE a co.rstwtlon
proirP
Eves Euo
ll YES, ihn!ry fle nane or lhe gpvemnEnt ertly, lisl fE date, and dccribo iho fds
and clrcumshrres aboul each lrdarxo, and stelo tho rB6on lor the govemment enttfs
actbn agorBst your ltrm. Athdl additional sheels 6 rccessary.
6.2. Has a govemmert entity ever Bieded your firm's Bil or PropGal on the gound that you
oa yolr firm is a 'norFr6spo0Cble' tidd€r or prDgo6s?
Page 43 of 177
63
64
65
66
tryES Euo
ll YES, idontify lho name ol [le go\Ernme0l ent'ty, list the dale, describe the lacts ard
cirurnslaflces aboul edr insbnce, and state the eason or b6is fur tho govemm€nl
enut/s detemhirB hat yorr frm was a 'mn{Bsponsiblo- bijder Anadr ddlixd
shoeb 6 necSssary
Have you or yurr fim ever fdled to fullifl or perbm - dlrEr paftally o. com*lely - a
conbr,t or an agrErnenl wlth a gowmrnenl entlty or a cllenl,
EYES Eno
ll YES, idontify the name ol the go'iemment €.ltity o{ client, lisl ttE &te, d describe lie
frcts and cirqmstancos abou eah instanco. Athh additimal stBels 6 n€cs€sary.
ln ttE past fiye (5) Fars, have pu or any ofrcer or prirElpal of your flrm been an olficer ot
amtier fim wlich lailed b p€.bm a contrdt or agreanenn
fI YES ts No
lf YES. list lhe date, and descdbe tlE fats ad circumSances about eeh instancs. Athci
dditbnal siEeE as n*ssay.
Has your lim e\er advised a go\emfiEnt enlily or a dient, while you] fim was undor
mntract wlth tE gorrornment entty or cllent, hd your flrm could mt (or uould not) Ufill or
perfurm - eitler pathlly or @flpletely - ttF contrei or he agEement based on ltE pflces
lhal your frm hd origlndly submitt€d in a Brd or a Ploposal?
Eves E Ho
lf YES, list ltE dat€, rdentify the namo o, th€ govommont snlity or di€nt. arx, dGcnbe li€
facls and clrcunstanc€s dout etrh hstarEe Atlflh addltidEl stEets 6 neoessary.
H6 your fim o\Er Equested a govomm€nt onlity or a diqlt, whih yorr firn wm under
cflitract y{ilh the got/ommonl snlity or d hnt, to ren€gotiate oi€ or mo{e terms of the exi$ing
contracl or agrednenl?
Eves E ruo
It YES, ijenlit ltE nalne of llE gowmrnent entity or clent, list UE date, and d€scribe [E
hcb ard circumstarrcss about each imtarrce Athch additimal slEts 6 n€cossey.
Has yo:r frm e'rer rcqueslod a govemm€nl €ntity or a dionl whils yd.Jr firm w6 urxbr
co{rtrd wih tlE go\rernflEnt entity or cnonl, to: (a) cancol ho cdrtr l or ereeflEnl, o.
(b) iBlease or dbdErge pur llrm furm lhe mntret or agrcefiEnt?
trYES truo
I YES, ilentily t,E naflE of UE gpvemrcnt entity or chnt, Ist the date. and dGcrlbe th€
hcts and cjr@rBtsrEss about &h instanc€. Atbcl sddilbnal shats as nocessary.
67.
Page 44 of 177
7
6.8. Hes a go,€anmonl €nlity oa a dienl ewr torminated, suspended, or non.reno{ed yq.Jr
fim's conbal or 4reemenl bebrs its comdouon?
DYEs tr)o
tf YES, i&nufy tho neme ol trle goEmme.{ entty, lid trE dale, and dGcribo ttE ffi
and cimrrrslaEes a eadt inslance. Attach d siE€ls 6 rEcsssay.
6.9, Has a gowmment enlity or a cle ever mtified or dvised yoor ffm that you. flrm's
performarrcs undtr a contact (x agrBemofll w6 poor, sL6-slardard, dencbnt, or non-
compliant?
EYEs ENo
ll YES, idenlily ttn name o{ llE go,Emmont ontty or di€nt, bt the dale, and descnte the
f&ts and cilulm about each imlanoe. AtEfi additional stEsts 6 n@ssary.
6.10, ln the pmt fwe (5) yea6, has lour firm p*J, or hd your fim boen assessed, tiquljated
ddnages on a contrad or agr66rE t?
trYES BIm
f YES, ldentTy all suctl coolracb/pmjeds by orrer, owne/s addEss, ttE date of
com*tbn of UB prqed, aryb{j of lhuirat€d darmg€s ass€6sed, ard dtolh€{ infomation
nsellsny to fulty erpbin [E asssssrEnt or paFEnl ol lhuijat€d danaoss. Attach
additbnalsheeb as n sary.
INSURANCE AND BONDS
7 .1 . ln the p6l ten years, has an insurfllce cdnpany oa a surBly company:
7 .1 .1 . Rofusad to insure you. lim lor ftabilily corerage?
Elves Eu
7. 1 .2. Carceled or rpn-rdEur€d your firm's irsurance co'rerage?
EYES tr rc
7.1.3. RefrJsed to issue )ou. firm a h.ld?
Eves Euo
7.1.4. CarEobd or reroked a bo{d obtairEd by pu firm?
Eyes E No
lf lhe ar6nEr h ary questions in 7-1.1 to 7.'1.4 is YES, Hentlty UE name of lhe insurance
company or sucty company, lisl the date, ad descdbe lho hs and circurBtanc6 aboul
eaci lrlslaEe Attadr drlitixl stEets as necessary.
h the p6t ten (10) years, h6 an insurance company $ sulety company made any72
Page 45 of 177
Regarding questions answered from pages 39-46:
At present Siemens lntelligent Traffic Solutions, a business unit of Siemens lndustry, lnc. (Sll)-has no pending.
criminal, civil or administrative litigations. Please note that this certification primarily reflects information related
only to this business unit and not to its a
enterprise, with numerous directly or ind e
businesses in multiple iurisdictions, and
is
a result, Siemens lndustry, lnc. cannol ensure
risk of insolvency to either the Service Provider
rantor's ability to perform their obligations due
to pending litigation is not apparent.
Sll performs of projecls annually through over one such Sll has
beein involve litigafons and disputes arising out of which are of a
material nature as to adversely impact its ability to completely and sa ny of its
projects.
8
paylrEnts on your frm's b$atr as a rcsult of a defadl, to salisfy aly claims against a
performaEe bond, paym€r[ bond, or maintenarce bond isued on yorr fim's behaf.)
Eves EHo
lf YES, identify each conts&l completed or anount ol emh daim, the nano and telophooe
nur$er d lhe cldmanl, the date, groun(b ad oinent statE of the ckim, and if Iesofued,
lhe metlEd, nature, ard amount of the rcsolutbn. Attach dditbn stEeb 6 rE€essay.
SURETY
8.'l tf a perlormance andior paymeot bond b rqdred by lhb b6, irentify the bonding compaly
if ana{€menb for fE bood have been made; if rnt, ideotily [le bonding coflpany br tle
8.2 Name and address of ment:
Monistown NJ, 07960
All of the $ove slatenEnb 6 to experience, financial qBlificatbns, and aviible phnl and equipment ee suhniIed
in conjunclion with lhe Eoposal, as a part thereof, and the lrutmlness and earracy ol ttE inlomaton is gu{anteed
by ttE Biider.
I hereby cerlity under pemlty of peduy under tre lan/s of lhe stde of Celirornia tt|at tle epresentation made heEin
are tnie and cofiect.
Signature of Bil
Name and address of aoent:
Page 45 of 177
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Company Name;
CONTMCTOR SAFEry QUESTIONNAIRE
Siemens lndustrv. lnc.
Prim y Type of Worl:
Persoo Completing Form: Steven Teal
Trtb:@Phone Numbec
Oate: 03/20/18
SAFETY PERFORINANCE1. L st your compay's lnteEtate Experience Rating lilodifie{ (ERM)I for lhs lhrE€ nEst reenl years.
2 L st iour mmpany's ournber of injuriegillnesses fom your
Falalilies
0SltA reco.dablo incileots
Lost wod( day incilonts
Total l6t $od( days
Total hours,#ork6d
951-784-6600
ostlA 300 logs fo.ltE Uxee msl rccent years.
2ol5_20-19__ 20lz_000o o --z-011E r!o- --a-
22plg 16,071 s,678
Training Plans
Training Cfft bates for Emmyees
Energefl cy ResporEe Tra[ir€
20 1/u 15
20lgl6
n16t17
a.
b.
c
d
€.
Upon roquesl from the City, ttE mntrmto(s) shdl Fovids copres of lie tollowing €rns (a{)i ald ltoms (d-
g) lor sach list€d Subcontrector
a). OSI-IA 300 hgs for the most rccent three yoas
and current yBaFto-date
b) Verificatioo ol ERM from )our in$Jc,Ee cader
c). lnlury/lllness Roport
d). Complete written Safety Pogram
Company Safety Codet:
€)
f)
s).
a. Nanre Chris Slocum
b. Phone 951-784-6600
1 ER[, ' epf,es lo worke6' c,mpensatql po{cl€6. lt cunpaEs tle oxpori€n(E of this confacb. lo o$6.s of stnlar sho. typo
and rauo t sed 4dosl ernud premfum, lt has a dked co Eldir to lw mud tlo cmlracbr psys in Ftle(s'cofip pr€nium
74
Page 48 of 177
1.
CONTMCTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGMM
SAFETY PROGRAJ', DOCUMENTAIION C cIe Onea Do )ou havo Gl tlo
1) Lst
b. Do you havo a wrltten safuty fisld marual? €, I'lo
c. Are dl rrcrkers given a bootlet that conlairE york rutes,
rEportslbilitlos, ald olllor apprcp.iale inlbrmatim? B No
POLICY AND MAMGEMENT SUPPORT
a. Do you ha'/e a sd€ty policy slatem€nl from an ofricor ol G' I'lo
thecompany?
b Do pu have a dMdinafy p.Eess for enb(wnent Gs I'lo
ot you sshty program?
c ooes man4€msnt sot co{poral€ safuty goals? GB t'lo
d. Does executi'/e manag€ment r€view:EI G)NoB 6mE r @uo
o. Do you sarety prB{udify subcontractoc? @ tVo
f. 0o lou have a wittefl polby on aclid€nt Gpo.ling G) No
and investg alion?
g. Do }!u ha/e a light.duty, rcturn-tc$ort policy? @ No
h. ls safety pa.t of your supeMso/s performance evalualiln? @ No
i 0o you have a peEonal pmleclivo €quiprEnl (PPE) potby? @ tt
I @tlo
X] 8ltraE A n4 Abuse
PenelScrcen
Does each hv6lof managemont ha\re 6signed safety
duties and responslbillues?@Ho
Page 49 of 177
TMINING AND ORIEI{TATION
a. Do you condrd safoty ori€ntaton lralnl.E {or each
emdoree?
b 0o you conducl gto safety oriontation lor overy
person new b trE Fb sib?
@No
@uo
gNo
! otrer-
'@) No
@No
@r'lo
X
L
X
x-x
X Hazudous uork pormits
fL Su&onlractor flequalifi cdbn
Emergency prmdures
AudlMrlsp€dhns
Accldont lnvesligalbngcpo.ling
TrainirE docunEnhtlm
c Does your safety pmgram roquiro sdety training me€tings?
br each supervbor (foIsrnan a)d So\ie)?
How oiefl?fl Weelly E uonttrty E Oraer, E Annuatly
d. 0o you hold lool boxiailgato sabty m€6EEs
haEod on yqJr sp€dnc trork operatiorE/erposureg?
How o{len?
E weokty E DaV tr otter_
e 0o you equie equipment operatio{Vcertificalion tftinirE?
AOI\,IINISTRATIO',I ANO PROCEOURES
a. 00es your wittefl sarely p,ogram ddrcss
adminisHive proc€durE?
lI yes,whlch apply:
Prc p{(i*Ul6t planning
R€cod ke€ping
Safety commil@s
HAZCOM
Subsldr abuso pr€vBntion
ReturFto!rcrt
@F No
re) No
E By sup€rlntffdent
E By p@ject manager
E ln accordarEe wilh OSIIA
cllek
x-x
X
Xr
b. Do you halB proiect salely committees?@Ho
c Do you corEuct hb site safety irspectims? @ Ho
How oflen?
E Daily E wrekly ! Nonttrty E otho._
Do these inspeclions hdudes a roJline sdely
inspelion of equiprnenl (o.g , scalbld, ladders, fif€
extlng ubtErs, etc )?
d. Do yor investgats accidenh?
How e they r€porled?fl Totat cqnpany
E gy prolectI ay uemar
e. Do you disclss safety at dl preconstructioo and p(ogr€ss rneelings? B No
Page 50 of 177
1. Do yo, porform rlgging and ming ciects prior lo lifling? Fa No
S For personnel I Forequipment E neavy tifls (-nrore than '10,000 lbs.)
WORK RULESa. 0o you perirdically uNate wod( rulesJ -Wtrin was ure hsiupdser 2015
b. Wrat xork pretioes ar8 addrEssed by your m* rul6s?
ffi CeMrst aiO ! eccess--ontrarce/stairs
E Banirda. signs, E Respiatory foteaio
end signabEB B toragoEc nns EtrC air and gases trEcrkEfl Confined-spu entry ElSite vishor €scorting
B CranegrEging and hoistirB E Public p.otection
E El€cfica qmunding E Eqtipfllsnlguads sd groJrding
E Envirormental conlrols and E lvfonito.ing equiprnenl
6 OSHA INSPECTIONS
a. Have you been inspected by OSHA in tiE lasl lhrce yBars?
b, Were lhese lnspoclions in r€sponso to comdaints?
c. Have you been ciled as a esult of tmse irEpedions?
ll yes, dascribe lh€ cttations (add addilionsl shets if necessary):
@no
Yes l@
ver @
Yes @
Page 51 of 177
DESIGNATION OF SUBCONTRACTORS
NAtr,,tE oF BIDDER: siemens lnduslry, lnc.
Each Bidder nn st list, on the fom provided m flo rExt pago, eah Subconlractor who wlll perbrm uork o. hbor or
rB{d€r ssrvica to lhe Conlracbr in o{ about the construclion of the Wqk or imp.ovement, or a Subcontraclor licensed
in llE State of Calibmia win. under subconH to tha Contrado{, spocially lab.lcales E lnstalh a podion of th€
Work or imprownront ffiodirE to d€tsihd drawhgs conhlnod in tho Drawings and Sp€cificalbm, in an aflEunl h
oxcess ol one{alf ol one pemenl of ttE Cootr&tols Base Bii Amount. Each Subcontlaclor musl havs acttve and
current license, ad all equislte sp€chlty cort'ficalio.B, when lisled.
Bi,der must p{ovide he fiClorxing lnhrmatbn for EAI Subconlftrclor.
1. The name of fE Sjbcontmcto{:
2. TIE trde ild type of vork that lhe Subconrebr will pedomi
3 Localion (addr6s) of Subcontsactor's d@of buslness;
4. Subconuactor's llconse number; and y specr'alty licenses;and
5 Dollar value of ttle lYort tnat UE Subcmlr*lor will peft.m,
Subletling or subcDntracling ol any porliro of the Work in excoss of one-haf of one pqcenl of the Cmfacbis 86€
Bid to which rE Subconlr&lor was designaled h UE original Bid shall only be pemitt€d h 6€s of publb emrgency
or necessity, ad then only afte, a finding educed to ryiting as a pubh mord o{ UE City sotlrng brh ttE facts
constituting lhe erErgenq or necessity.
lf lhe Contraclo{ vhhtes any o{ lhe abow provbhns l}le Conlrelor may be in bcadl of this Contmct gld t\€ City
may exercse the opthn, rn ils own disc.etion, to (1) cancel this Conlrei, or (2) ass€ss tlE Conlraclor a penaliy ln an
arnount not mor6 thdl t6n p6rcs0t (10j6) ol tho anounl of the subcontlel hvotued, ad thb ponalty shal be d€pGibd
in t'\e lt rd od of whbh the prime Contract is awaded.
ff 0E Contrelor lails to specify a Subcontractor, or if he Contractor spocifres mole than me Subcontrsctor lor lho
sarno He or typo of Wort lo bo p€rfurmsd urder trl€ Cootrd in exc€ss ol onshd, of sE percenl of ho Conhaclo/s
Base Bli Arnount, then the Contraclor agrces fiat hdshe is tully qualified to per{orm thal Wort l*nsetf/}Ers€lf, and
that tEtshe shall perlom lhal Work hirEolf,tErsolf. lf aflBr ayard of Conh8cl, [r€ Cofltrelor $bcontreb any s0ch
Work, the Contractor will be sJtjecl lo lhe staluhry p€nali6
DESIGMTION OF SUBCONTMCTORS FORM
IS ON THE FOLLOWING PAGE
Page 52 of 111
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The Co{tractor shall ml:
A Substilute any porson 6 Subcontrsctor in plsca d the Subconfactor listsd in he ongind Bid, orcapt thal
lhe City may consenl lo the subottuthn o[ enoth€r percon 6 Subcontrackr in aty ol tle follor{ng
sltuatims:
1. When UE Sukontraclor lbted in tie Bir, der havlng had a reenabh oppotunity lo do so, hib or
r€fuses to exeoJt€ a wilten cont-act ftf Ul6 sctp€ ol Wort speclled ln 0E SrJbcontrEctods bij end
at lhs prico spocifi€d in tho SubconEachig bij, vfion hat written conEact, b6ed upon the g€nerd
tffms, condith.rs, Drawings and Specifications fo. lhe PDied or lhs toms ol Cmtrelo/s yiritlon
BH, ls presented to the Subcofltachr by tho Cdtfabi;
2. \YtEn tit€ list€d Subcoolrehr b€cofiEs insdvenl or ttE subFd ol al oder br relbl ln bankruptcy;
3. wtEn t\e lbted Subconlr4lor fails or relusos lo pertom his/h€r subconlrel;
4. When llE Isled Subconfacb{ hib or refusos lo mset lho bond Equlem€nts of lho Contreto( as
set todh ln Puulc Contad Code Secfon,l'l0B;
5. When lho Conuactor dernonstrales to the City hat tE name of lhe Subcootr&lof was lisled 6 the
result of an indvertent d€rical errol
6 Wh€n t\e lisl€d Subcmtractor is nol licerE€d pursuant to he CmbactoE License Lavr;
7. V\hen he City detemines lhat lhe Work perfomod by tp listed Subconlrrctor is sub€tantially
unsalisfaclory and nol in sub6larlial accordanco with lhe ora lr{s ard Speoficatbfls. or that the
Subcontrdor b srbstantially delayirE o{ disrupting th€ progress of the Wo.k:
8 When the lbted Sukontractor is ineligibh to \,vork on a public works p,ol6l putsuant to Section
1m .1 ot 1m .7 cl tte Labo. Code; or
I Whsn 0E Crty dotermines thal the lbted Subcontracht is not a rospofsitr conlradol.
B. Permlt any subconEacl to be vduntarily assigned or tr slsrrEd or allow lt to bo performed by alyone
other tlEn the original Subconlrdor bt€d ln UE odglnal Bld, nllrcut UE corsenl of the City.
C Othor than in lh€ perbm{]cs of "chsrEe orders' causing changes ff deviathns lrom ths o.Uinal
Conlract, sublet or subcontrel any po(ion ol trh€ Work in axcess of one-haff ol orB porcsnt of the
Contradois 8as0 Bid tunounl as to which hrghor onglnd Bid dil nol designaE a Subcontractol
Prior to aoprcval of UE ContEcto/s requesl fo. a SubconHor sub6t'hlion, lhe City shall gi'/o notlce in wiling to he
llsted Subconuactor of the Conlraclois Eqmst lo substilute ard of the reason lor lhe rEue6l. The notbe v{ill be
seNed by c€rtified or regbtercd majl to the hst Inovm eddross of tlE Sutaoniractd TtE listed S{bconlractor wt,lo
has b€en so notilied shall hale file (5) Wo.kitg Dals wiltin which to harEmit to the City written obj€dhrE to the
subst'tuton. Failurc to lile llrcse,,ritlen delidrs shal constiluts ttE list€d $tconlrdo/s consent to ttl€ subsitulion
It writteo ob,eclixE ae fiH, the City shdl give mtice in writing o, at led flve (5) WoIkir{ Days to t'he lbt€d
Subcontractor of a lEaring by lh€ City on lhe Cofl[acto/s requ€sl ftr $bslitutio0.
Ihe Contractor, 6 a conditbn to assertlng a clam of inadverbnl clerhal eror h t\€ listing of a Subcontsrtor, shall
wilhin tylo (2) Wo.king Days afler the tirne ol the Bid DeadirE, giw fiilton notice h lhe Oty dd cottir ol srh noti:e
lo both the SubcfiFac'tor hdshe daims to havs Estod in €nor ard tlE hierded Subconfactor who he, bH lo he
Cofltrmtor prlor to the BE Deadllne.
Page 54 of l/i
3
4
OUESTIONMIRE REGARDING SUBCOI'ITRACTORS
Eiider shall ms,r€r tho ftrlo xE queslbns 8nd suknit wih NsitEr Contracl proposal.
5
Were bld dep6it0ry or re{istry servioos used in oblalning subconMors bid figures in order to compule yourbid? Ym E No E
ll ttE arBvier to f,lo. 1 b 'Yes', pleaso ftr$,erd e copy of lhe rubs ol each bij dopeflory ,ou l,sed with thb
questlonnale N/A
Di1 you have any source of subcontrelors' bijs othe, than bil d€positoriss? No
Has any person or gme threatorEd you with stcootr&lor boycots, unbn boycotb, or oher sanclions to
atlempt t0 convirE€ you tc [6e ll€ s€rvices or aMe by the rules d one o{ moro lid deposilodes?yes! NoE
I the ansvEr to lb. 4 is Y6', ploaso explain th€ fdtotring d6trib:
(a) oate:(b) Nems ol p€Gon or goup:(c) Job invoh/ed (il apdi:able):(d) Nature of the Ur8ats:(e) Additionalcomm€flts:
(Uso additiond paper il necasary)
W6 a corEcious efiorl mad6 lo recruit or povide
subcontraclors?
Eual opportJnity for biJs b or p{Dlect area
W6 a conscious effort made to recruit and hire pd,ect arBa lo,/ver-inconre resld€nts?
Yes El No E
Please Submit staternenl. lt is always our intention to hir€ lowel income resldents in proiect ar6as
We declarc under penalty of periury that the loregoing b fue and co.rect.
Daled this _& day of March ,2019_
All of the abo\re staternents 6 to eperience, financial quditrcdiom, and availabb pldrt ad equitrnenl arB submifld
in conluncllon with lhe proposal, as a parl tieeof, and the Euthfuh€ss arx, aocu'&y of Uls rnfomation b guaranted
by the hrdder.
By.
Title
6
7.
y minorityEYes E No
Steven Tea
Director of
Page 55 of 1?7
I
l'larn€ Of
Page 55 of 177
CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION
STA'IE OF CALIFORNIA
cOUNry OF Riverside
2.
3.
Steven Teal being lirst duly seorn, deposes and says:
1. That he/she rs lh€ Director of Service (Tllle of ofice il a corpomtion, 'sole owner,' 'Paflner,'lnc. , (heGinaffer call€d 'Contretot)o{other poper lith) of
wtro has submittod to tlE
I\.laintenance 20181
City ol Vemon a Bid lor ttE constnriim ot ltE Ctwde Traffc Signal
That said Bid rs genuirE; that lhe same b not shani hal all stalofienb of fact theEin are lrue;
That said Bid is nol made in he lnteresl or behalf of any person, partn€rship, company, Bsociation,
organlzalion, or corporation nol named or dbElosed;
That Conbactor did ml, dingclty or indirec[y induce, solicit, agreo, colud€, consdre or conlriye wi$t
anyone else to suhnit a lalse or sham bld, to rehaln from blddlrq, o( wlhdraw histEr bid, to raiso or frx
th6 Bid price of Cookactor o. ol anyone obe, o{ to ralse o. lix any overhead profit, or cosl el€dEnt of
Conlracto/s priF or the price ol anyofle elsei and did nol atlempt io irduce e on prsjudbhl to lhe
interesls of lhe City of Vermn, or ol any other Bidd€r, or etyooe €be intor€sl€d in the proposed Contrd;
Ilat the Cootraclor has nol in any manner sdghl by cdlusbn to seqiG for hi.nsolf an dva{rlage over
any olher Elidders or induce lion prciudhhllo the intorBsts of fE City of Vemon or ofaoy other Bidder,
or anyon€ else inlerested in tlE propos€d Contract;
Thal the Contractor has nol egled any biJ hom any gjbcoalhaclor or matarial suppler thowh any
t d deposllory, the bylaws, rules o{ regulalbns ol wiich pohibit or provent lhs Conlractor flom
comidedng any bU lrom any Subcontraclor or mahrid supplier, wi ch ls nol procosssd lhro{,gh s*j bid
depository, or which pretJent any Subcontrachr or rnaterial supplier from tidding lo ety Cmlrdor who
dms nol use the facilllies of or accept bids from or hrough srch bi, dspGlloryi
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Page 5? of 177
7 That UE Contretor did irot, dir€cty or lndiretly, submlt lhe Contraclor's Bld price or any bEakdown
lhereof, or the conlenls lhereof, or diwlge intornaton or data ehlive lh€reh, to ry coaporaton,
partneEhip company, association. oryanEalion, bil deposilory. or to any nEmb€r or agent ther€ol, oI
lo any individual or gmup o{ hdivljuab, excopt to tho City of Vennn, o{ to any person or peEoals *iho
iEvs partnarsiip or olher finandal intgrBgt wih said Contraclor in hither business.
I declarc under pendty of perjury under the iarys of the Stale ol Califorria that th€ roregcing b tru) and corBct.
Dated lhls 20th day ol March / 2018 at Riverside , CaModhfYear City Stale
CONTRACTOR'S SIGNATURE MUST 8E NOTARIZED
Siemens lndust
Conkaclor {Ae60 Print)
Director of Service
Page 58 of 177
ACKNOWLEDGMENT
nol,ary public or other omcer
ceftificate verifies only the irentity of tfr€ indiyilual
who signed tho do@ment to which this c€rtificate is
anached, and not the truthfuln€ss, accuracy, or
of
Stale of Calilomia
County of Riverside
on March 20th, 2018 b€fore me,Candace Gallaher - Notary Public
(insert name and title of the officer)
personally appeared Steven Teal
who proved to rne on the basis of satisfactory evkJence to be the person(Gt whos€ name(rFis/ar+.
subscribed lo the within instrument and actnowl€dged to rn6 that he/aho{hefex€cuted the same inhisrHreir aufrcrized capacity(j6), and that by his/Hrcir signeture(.) on th6 insfument the
person(9, or the entity upon behaf of which the person{sf aded, executed tfie instrument.
I certify under PENALTY OF PERJURY under the taws of the State ot California that the foregoing
paragraph is true and conect.
WTNESS my hend and official s€al.Cdml|iiof , ?l1733E
Lolry Pt htc ' C.lrlo'nlt
Signature (Seal)
THE BIDDER'S INSUMNCE CO[,tPAl,lY(S) OR INSURANCE AGENT tr,{,JST CotlPtETE THIS FORM
AND
THE BIDOER MUST SUBMIT THIS CERTIFICATION WTH THE BID FORMS,
l, lt|e understgned (Please dEck one box) rund€rwritd agenl, cerlily thal land lhe Contractor lbted belolv ha'/e
joinlly eviowod the'lnsurarEe Requiremenb' in tlEse Bilding Doorn€nb and tle Coofad Documents. lr ltE City of
Vemon ('CilyJ a,vdds the Contractor the Cootrel lor thb proiect, I wfll bo able-$hin fou.leen (14I cdeod days
after lhe Contraclor b notified of tE Contract's award--{o ftJrnish the City wifi valil imurance foms (ircluding one or
more insurance cerlificates and addilional insur€d endorsements) lhat fully rneet dl of lhe lnsurance Requir€menls.
Mar y 03t20t18
lnsurance Agent's lJane
445 South Street Monistown NJ 0lS62Address Ctty Shle ZP Code
973-401-5024
Telephone Number FAX Number EmailAddress
Siemens lndustrv, lnc. Contract CS-0915
Contracto/s Name City Specification Number
Name of lnsurance Cdnpany
8EWr Stde tll€ Nafie of lnswatw Canpany Pmv ng CNqW:
0O NOT v/rite "Wi[ Prori,e,' 'To Be Determined,"'WtEn Requi]ed,'o. shile phres.
Commercial General Liabilily Automobile Liability
Worters' Ompematibn Liability
Citu Wll Purchase Pdic{. if reouiled
Bu lders Risk Pollutiorr Liability
INOTE TO CONTMCTOR: See'lmurace Requi]ements' EXHIBIT 4 ol ttE ConH for 0E requirefiEnt ol ouahing
Po{lution Liability lrsurdre.l
NoTE TO THE UNDERWRITER / AGENT If trE imurance foms lhal tre Cmtreto( subflits to trtte City (b not fully
comfly with the lnsurame Reqdremenls, and/or he Contrehrlaib to $b.Iit he loflrE wihh the 14{ay time limit,
he City may: (1 ) declae he Contrac{ods BU non-rcsporsirre. ad (2) auad tt€ Conlrad h the nen bHEst ,espoft He
Bidder,
Page 59 of 177
Date
LMNG WAGE COMPLIANCE CERTIRCATION
This contsact is subrect to the City of Vernon's WirE Wage Ordinance, Vemon Munldpal Code ChapEr 2,
&tide XVIII Codlnance'). The Ordhance rcqulres that servtce conEadrs proiiding labor or seMces to
the CV ry conb'act ln o(cess of $25,fl)0:
. Pay no less than ten dollaE and thirty ce.tts (110.30) per hour with medical beneflb, or deven
dollars and flfty-ff\€ cenB (911.55) per hour wluput medical beneflts to all emdoyees, as defined in
the Ordlnance who, at any time, p.ovlde labor or deli\€ry servlces to the qty of VenEn. Addiomally,
m luly lst of ead| year tiEreafter tfE UvirE Wage raE stEll be adi.rsted by the dEnge in the
Federal Bureau of Labor SEtistiG @nsurner tri@ Irte(, ffi the Los ArEeles area, br the most
recently avalhble 12 month pedod. Accordlngly, clrrent Clty conbacbrs will be requtr€d to adJust
wage ftrtes no laEr than July lst, to remain in @mdiance.
o l,lotjry employe€s wtlo spend any of their tirn€ providing hbor or delt,rertrE servtces b the Oty of
Vemon wtE make less than ttt€hrc ddlars (912) per hour of ttElr posslbb right to tlE Heral Earned
Income Tax Cr€dlt (EITC) under g 32 of tie Int€md Re\rerx.E Code of 1954, 26 U.S.C E 32, and
rnaking availaue to srdr employees forms rcquired to secure advance ErIC pEyments.
o If there b a ditFerence between the Vernon Uvtng Wage rates and the Caltfornla Prevatllng wag€
raEs for the sarne dassificatlon of hbor, the @ntractor and slbcontsactor shall not pay less than ttE
higlEst wagE rate br Ulat dasdffcation.
The s€lecter, contractor wlll be requlred to show corylpilance witsl tie LlvlrE Wage Ordlnance by
submitung payroll records as requested by the qty. Eadl resd shall trrclude tie full name of eacir
ernployee performing labor or providing serMces under the csntract; Job dasificauon; rate of pay and
be.Efit rate.
Pmvislons of the Wing Wage Ordlnance rnay be wah/ed ln a bona ffde collective bargalning
agreement, but only lf ttE wai\,Er ls expllduy set fortfi in dear and unambquous Ems. If thls plovislon
applies, you mu$ provi(f a copy of the collective baEEining agrcement to the Oty.
I do hercry certiry and
bld/pmposal ls made. -
under Ity of perjury ulat lf awarded the contract for which this
.will corndy with ttE
r€qulrements of Wage Ordinance, Venpn Munldpal Code OlapEr 2 XVUI and
the rules and regula0ons promulgEtsd thereunder. I undeEhnd that failure to comdy with the
pmMsions of tie Vernon Llvtng Wage Ordinance rnay result ln tennhation of the contrad as wdl as other
penaltles as stated h Vernon Munidpal @e GEpter 2 Micle )OlU.
Steven Teal Director of Servlce
Please retum this form with your bid/pruposal. Queslions corxxming the Living Wage Ordirunce should be
directed to tlE Depanment ofFinance - Purch8sing Division 323.5E3.8t1 l.
Page 60 of 177
Artide I.
Mide U.
CERTIFICATE OF EQUAL OPPORTUNITY PMCNCES
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) s83-8811 Fax (323) 82G143s
Internet: www.citvofuemon.org
Affidavit of Equal Opportuity EflploynEnt &
Nm-segregEuon (Fom AA-1)
Vendor List QuestiorrEire (Forms AA-2 &3)
In order to be placed to the C$s vendor list and be eligible to receive Gty business, you must
provkJe the follo,rring information o(cept where indicated as "opuonal." By submittirE this form
you are declaring under penaltry of perjury under the lau,s of the State of Califomia and the laws
of the United States that the information is true aM correct. Furthermore, you are certifyirE that
your firm will adhere to equal opportunrty employment pradices to assure that applicants and
employees are not discriminated agEinst because of their race, religion, color, national origin,
ancestry, disaulity, sex or age. And, yotrr firm does not and will not maintain or provlle for its
emdoyees any segregEted facilities at any of its establishrnenb, and that it does not and will not
permit its emdoyees to perform their seMes at any lcation, under its control, where segregated
facilities are maintained.
Name ofCornpany: @
Business Telephone: 951-784-6600 Fax Number: 951-784-6700
(optional)
4661gss. 2250 Business Way
Gty: Riverside State: Ca Zip
Contact Person Michael Hutchens Efi ail Address michael,hutchens@siemens.com
(optional)
Tax ID Number (or SEial Seoirity Number)
Remit Address (if different)
N/A
't3-2762488
Please state dearly and concisely the type(s) of Spods and seNices your @mpany prorid6:
Electrical work, traffic signal maintenance, repair, and construction.
The folloring section is OmONAL and is for statistical reporting purposes only. Ownership
(please drcck all that apply):
African-Arnerican_ Asian_ Armenian_ Hispanic Nati\re&nerican_
Disa ed_ Female_
Siemens lndustry lnc. is a publicly traded company
Page 67 of l'7 7
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F
DELEGATION OF APPROVAL AUTHORITY FROM
PRESIDENT MARG BUNCHER AND VICE PRESIDENT FINANCE & BUSINESS
ADtTIINISTRATION MARSHA SIUITH
Mobility Management
Urban Transport / Malnline TranEport
lntelligent Tr.ff lc Systems
Rail El€ctrificalion
Customcr Seruices
SIEMENS INDUSTRY, INC. - MOBILITY DIVISION
The un(brsigned Marc Bunchs., Prerklenl and Mallsha Smlth, Vlce Presldenl, Flnance and
Business Administratlon of the Motility Divisim of Siemefls lndustsy, lnc. (the 'Corporation-), a
corporation duly organized and exsting under the hwB of the State of D€lawalo, by virtue ot the
authority vested as Presilent and Vice President Firance & Business Administralion to sign or
countersign and othenrise executs in the name, or on behalf of the Coeoration, any bids, projects,
contracts, agreements and any certiflcates, affidavits or ancillary documents in connection therewith
to the extent the foregoing insiruments and are consistent tvllh the limits o, authority granted under
LoA guiCeiines and grants of release br and on behaf ol the Corporatio.r, do hereby delegate to and
ackno|ledge hat the bllolving pefson(s) may exercise such authority for and on our b€half up to $10
million
AUTHORIZED SIGNATORIES
Business Oo€rations
(N8ms,/Positbn)
Fina nce,/C e ntral Supmrt Function
{Name/Position)
John Pa[ug
VP-MM
Stefan H€ckrattr
Senior Director FBA - MM
Mrcha6l Cahill
VP_RS
Christopher Halleus
Sonior Director, FBA - Rs
Robin Stirrson
VP - RS MK&S
Jam€s Thomton
Hed of Prrcurement - MO
Chris Maynard
VP-CS
Michael Trer
Senior Director. FBA - CS
Andreas Thon
VP _ TPE
Miriam Sch€or
FBA- TPE
Armln Khk
VP_LM&HI
Madeline Roddguez
Oirector. FBA - LM
Marcus Welz
VP _ ITS
David Bucfifuehrer
S€nior Director. FBA - ITS
It is further acknowledged that lhe foilowing individuals are hereby authorized to sign or countersign
and otherwise execute in the name or on behalf of the Corporation the same documents as
refercnced in p€ragraph A, up to and including a Eansactional limit ot $5 million. Any such delegatior
extends to but is limited to the same scope, documents and subject matter as referenc€d and granted
in paragraph A, limiteo to the monebry amount stated in this paragraph,
Conirc ler, Producls & Freight Englneering
MM
Dot ghs DrBisbach
Diractor, Proiects - MM
AUTHORIZED SIGNATORIES
Business Operations
(NameJPosition)
Flnance,/Central SuDDort Function
0lelpe/Pqsnio!)
1
It is turther acknowledged that the ,olbwing lndMduals are heroby authorized to silrn or counlerslgn
and olheMise execute in the namo. or on behaf ot th€ Corporation, the same docurnenb as
referenced in paragraph A, up to and including a transactional limit of 93 mi bn. Any such detegaton
extsnds to but is limitcd to the same scope, documenls and subJect matter as rererenced and granted
in paragraph A, limited to the monetary amount shted in this paragraph
AI,,THOBIZEDSIGNALORIES
BLsiness ODerations
(Name/Position)
Flnance/Central Support Functlon
( Nam€r'Pos'rtion )
Tony Rittor
Director. CS
Nikki Bassi
Director. RS
Rainer Martin
Director, CS
Cathie Ste€le
Dkector, CS LR & MM
Omld Akb€z6dBlFPaydar
Director, RS BG
Kslly Storln
Segm€nt Controllar. BG
Mark BennBtt
VP, Operatbns RS
Carrie Her.|andez
Director, RS SPR
Raymond Ginnell
General Project Manaqer RS CRC
Kim Swain
Seqment Controller. RS CRC
David Hart
Manager, TPE
Michelle Picard
Director, RS
Cesar Losada
Director, cs Matthaeus Decker
Manager, RS SPR
Dimikios Andrikog
Director. Bid & Proiect Manaqement - ITS
CraE Debevoise
Projects Commercial. ITS
Stsffen Go€ller
Head of Business OevdoDment. TPE
Davll Anderson
Proje€i Procurement Manaqer, TPE
Simon Davidoff
Director, Data Services - CS
Rudolf Wagner
Performance Controlling, MO
Sleve Teal
Direclor, ITS Service
Wan€n Openshaw
Director, Operatlons BA RS
Jeb A. Echols
l\4anaqer. Proiect Estimatim - MM
D. lt is fu(her ackno\#ledged that the bllowing individuais are h€reby authorized to sign oI countersEn
and othsMise execute in the name, or on behatt of lhe Corporatbn, the same docum€nts as
refrrenced in paagraph A, rp 1o and including a transactional limit of $1 million. Any such delegation
exteMs to but is limited to the same scope, documonb and subject matEr as referenced and granted
in paragraph A, limited to the monetary amount state.J ir this paragraph
AUTHORIZED SIGNATORIES
Elgiless Operations
( NamelPosita!)
Finarrce/Cenlral Supmrt Function
(Name/Position)
Paul Eliea,
Dlrector, MM
Tornmy Charurat
Oirector, Performance Controlling
RS
David Cost€llo,
Director. lvlM
Giseh Kaufrnann
Controller, MM
Dave Jeanetle
tr1s62ssr. MM
Constrnze Kutschki
ifar'!q9r-ES9PB
Jlm Lyons
Sr. Manaqer, MM
Ronald Staggs
Commerchl P(iect Manaqer. RS LR
Jeff Balogh
Sr. Diroctor, MM
Mary Matos
co.nmerchr Proiecl Manaoe.. RS LR
George Long
V. Enoineerino RS
Sbphanle Bartz
Co.nmercial Proiecl Manaos. RS LR
Robert Marher
Senior Project Manager, RS LM
Christine Jaw
Commercial Proie€t Manaoer. CS
Jetfrey Cunan
Proiect Manaqer Rs LR
Kavita Patel
Commercial Prohct Manaqer, CS
Duane Kopp
Proiect Manaoer. CS
Christopher Smllh
Commercial Pmiect Managsr, RS LR
Ron VanHuuksloot
Prciect Manaoer. RS LR
Adam Huey
commercial Proiecl Manaoer. RS LM
Thomas Stehlik
Proiect Manaqer. RS LR
Thomas Kopror,/ski
Cornme{cial Prciecl Manag6r, RS BG
Viorel Aninoiu
Proiect Manaoer. RS LR
Any Morrison
Cornmercral Prdecl Manaqer. TPE
Carsbn Nebe
Proiec{ Manaoer. RS LR
Davd Spence
Comm€rcial Prdecl Manaqer. ITS
Mark Andersor
Prdect Manaqer. CS
Sabins Andrikos
Commercial Service Manaoer, ITS
Aaldrik Mefting
Proiect Manager, RS .R
Natalie Liggett
Sr. Commercial Proiecl Manmer. MM
Jochen Woern
Proiect Manaser, CS
Solornon Lee
Commercial Proiect Manaoer. MM
Chsnder Khanna,
Sr. Director, Manufactudng Processes
RS
Davii Sarles
Procurement Commodity Manager. MM
Paul Aichholzer
Director. Prdects RS LM
Stuart Adhr
Proiec* Procurement Manaoer. rVM
lbrahlm Kalender
Proiec,t Manager, RS BG
Jo€lNiolsen
Commercial Proj€ct Manager, RS LR
Barry Sidler
Prooram Manaqer. CS
Carlijn GoHbeE
Commerciel Proiect Manaqer. RS BG
Chrlstopher Romeo
ODemtions Manaoer. ITS
James Hryniewicz
Commercial Bid Managar. TPE
Luis Coreia
Prciect Manager, CS
Darh Lesnykh
Comma.cial Proiect Manager, CS
Michael Hutchons
ODorations Maneqer. ITS
Donna Lam
Co[unercial Proiect Manaoer. RS CRC
3
Willhm Tuck€r
Operations Manaser. ITS
Noureann Mitchell
Procurement Projrcl Manager, ITS
Christopher lvlcelroy
Servic€ Account Manager, ITS
Rosa Baquero
Commercial Project Manager,
Field Services RS
Gerhard Leitner
Field Enoine€rino Manaoemsnt. CS
Serah Jenik
Commelcial Support, CS
lvan Bukin
ProiaX Manager, CS
DavH Michne
CommerDial Prolect Man{€r, CS
Kevin McGrew
Director, Quality RS
Peter Silb€rhorn
Sr. Commerdal Proiect Manaoer. RS LR
Goutham Lingannagari
Senior Manao6r Proiects. ITS
Lars Volger
CoJnmercial Proioct Manager, MM
David Scott
Branch Manager. IrS
Tien Pham
Commercial Proiecl Manager, CS
Jamil Nasr
Enoineerino Director. MM
Bo\ra Lee
Commerchl Proiect Manaoer. Freioht- MM
Ben Lindon
Senior Dlrsclor Carborne Englne€ring,
MM
Liam Nelson
Commsrclal Proiect Manager, TPE
David Mortimer
Project Manager, TPE
Marcin Szczapa
Commercial Prdect Manager. CS
Christopher Hammett
Proitrt Manaqer, TPE
Clive Lepper
Commercial Proiecl Manager, RS LR
Joshua Cardin
Prciect Manaoer. TPE
Martin BarE
Sr- Commqchl Proiect Manager, RS LM
Abhinav Mika
Prolecl Manaoer. TPE
Shailesh Malgaonker
Director of ODerations. TPE
Matthew Thomas
Proisd Manaoer. CS
Mason Boswell
Proied Manaqer. RS LR
Stefan Lauer
Proiect Manaqer. TPE
lvlark Godsey
Pmiect Manager, TPE
Shawn McCuaig
Director, Field SeMces RS
Gary Kochetkov
Proiect Manager, CS
Evgeny lnozemtsev
Proiect Manaqer. RS BG
Francois-Xavier Beau
Proj€ct Drsctor, MM
Jacob Slreet
Prcieci Manaoer, MM
Mic-hael Cado
Proiect Manager, RS LR
Melissa Muehl
Proiect Manager, CS
Beniamin Kotze
!!9q elElSlllglin$ rPE __
Roll N€uhaus
Proiect Manaoer. RS CRC
4
E It Is further acknowiedg8d thet th€ folh'rring indlviduah 8re hereby authoriz€d to slgn or count€r6ign
and otherwise execute in the nama, or on behal, ol th6 Corporstion, the same documents as they are
refuranced ln paragraph A, up to and indudhg I lransaclional limit ol $250 lhorsand- Any such
delegalion extends to but ls llmited to lho samo scope, d@urn€nts and subject matts ES rabrenced
end granted in paragrsph A, limited to lh€ monetary amount slalBd ln thls paragraph,
It is turthe. adooxl8dged hat eadl ol he signaturoE of the person8 refsr€d to ln paragrdphs A B,
C, O, and E 8re binding upon th6 Corporatlon.
It is further acloorylodged that any doqmeflt Bhell requlre ho sign8ture ol two (2) ol the above
Authorized Signatorlos, one each ,rcm Bushsas Operatlons and frorn Finance,/Central Support
Functlons, yvtom 6hallhave the requblte slgnstur6 suthority to b€ lsgelly bindlng upon the
Corporatlon.
It is further ackno.rladged that oac$ ot the pBrso{rB torered to h6r8h ls authorLod b del8gab such
person's ar,rlhorlty horeundor to additiooal memb€rs ol hls or her manqement taam up to lhe llmit of
6uch pe6on'6 delegallon ot authorlty, provkbd that such delcgatioF ls in written ftrm slgned by tho
delegator 8nd tfled wflh the Legal Dspedmsnt.
It is turlhar acknovredged lhat the SecrBbry or an Asslstant S€cr€tary of the Corporatibn b
authorlzad to issue c€rtifisalbn6 atte6tlng to the lncumbency, aulhorlty end 8tafu6 ol any of$e
per8ons rshrrBd to h thls rsolutlon.
e President, Financa and Busin€Bs Adminislratlon
S'renrens lndu6ty. lnc
Mobility Dlvlsbo
IN WITNESS WHEREOF, wa ha\,/€ hereunlo subccribcd our narnes and atfix€d tha corporate soal of lhe
sald CorpoEtion, as of th€ 22- day of January. 2018. - .
Pr€sidonl,
Slomona lndtrstry, lnclllol - - "
AUTHORIZED SIGNATORIES
Business Ooeratioos
iName/Posltcn)
Finance/Cenlral Supood Function
(Nam6,/Posltionl
Diana Johnson
B d Meneosr ITS
Cbudia Thiole
CdmrnarclEl Prolocl Menme, ITS
John BilI;rEs
Bid Menaoer ITS
Col6 W8ker
Flnancial Analvst TPE
O8vil Love
36bs i,{6naoer. ITS
,,, '':,1: tllr "' n"
\. ,,1r1
^ ni{'
0t
PUBLIC WORKS DPARTMET.TT
4305 S.nta Fc Alrouo, Vsmo, Ollfomh 9C05t
Tdlphonc CJ23) 5t3{81I
Mzdr 12,2018
NOTICD TO BIDDERII - ADDEI\DUM NO. I
CITYWIDE TRAITIC SrcNAL TIAINTENA}rcE FY 2OI8
Via c-mail
clcN{TMCT }.1O. CS{9r 5
IN THE CITY OF VER}TOI{, CALIFORNI,A
Thig nothe shll bc ouidqed G Ad&ndm No. I b dle Spcclficrlhu ftr th tor+moakncd lrojc.t !!d
modifrcs thc cigird Spccificrllors !d Cdltsrt Do(IrtEtB, B ndd b.l*. Fdrlrls of rh Coffirc{ Dot
ryscincdty ncnimca in 0r Addoofutf lmh in tbrco.
Contru Spcciftcefionr.
Iu thc NOTICE ItWrnNG BIDS, roplu p.gp l0 of rho NOTICE INVITING BIDS. Tho paSp h to bc
amandod rs follows:
l. Sction No. 9 - Cetr@httrLiglt of tho Noticc Inviting Bi& wrs ancndod to up&ro
thc Cootnctor's Lianso rqufutrncnts as follo$s:
Ia compliance with hrblic Contsect Code Scction 33@ tbc City has <terermird that rho Biddcr
must posrss the following liceass(s): C-10, ElccE'lcel Conlnctor, lrd II'31, Polc Iutrlhtlon
.nd MrhlmrrcG Contrector fron thc C.llfornh S'irtc Llcorso Bolrd, er .pplic.blo to
rucl rclf-pct{omcd WotlL Coltr.ctor m.y subsdtutc tlc D3l Llccnro for r Cbs d
Gclcnl Englnccrhg Coalnclor Llccnre.
lf 1ou hew any quodons, ploer csll Vlnco Ro&igurz ofmy *alf at (323) 583-8tl I, odlosion 220.
DV.',vt
FJrlolorcs
c: Clry ClaI
Eag tusiv e ty I ntus triat
6. Enqinec.'s Eitimeo. An Eogineer's Estimetc ofthe cost ofcon!&rction of ahis Wo* hss
bccn prcparcd. Srid cdmate ic iD thc nngtc of t_{e000 to 3 48,0fl) for thc otal rnnurl
pr€vcntstivc mainEn$cc.E. Acceptrnce or Rqiectlon of Bids. Thc City rtccnoc tho ridt !o .cjcct any rnd dl bidr, b
award all or any ladividual part/itcm ofthc bid" 8nd to weivc my informalltlcg lregulrrities or
tcchnical dcfccts in such bids and dcunrlm the lo*est reponsiblc biddcr, whichovcr may bc in
the bcat lnetlsts of thc City. Irlo lrrc t*ls wilt bo eccqtcd, norwill ony orel, frcsimilc oi
olccEooic bids bo ac,ccpt.d by rhe Ciry.
9. erntacror's Licarsc. At dlc timc of tlc Bid Dcadlirc rnd at rll timcs during
pcrformaacc ofthc Wodq lncluding full complction ofell contctiw *ork durlng tfic Consction
Period, Conractor musl posscss I Cslifomia contnctor's Ilccnsc or lir:anscg cunent md rctive,
of the clrrsilicetion rcquircd for thc Work, in accordancc with rfic provisions of Ch"ptcr 9,
Division 3, Soction 7000 ct soq. ofdro Busincss md Proftssioos Codc. In comptionco with
Public Conma Codc Scction 3300, th€ City hrs dctcnnincd dtrr drc Biddcr mwt possosc the
following licansds): c-10, tlct Lra Contncto?, rnd O-tty FoL lll&lLtion lnd ll.m.natEedlf.tu flom th Ofltornb Sft usn lorrd er rppllcrblo lro ruct rctr-pcrformod
Work Corlr.clor Dry ruhtltrtc atrc D.3l llccor for e CIsr A Gorcrrf Ergheorlltg
Contrector'r Llcoso. Thc Biddcr will not rcccivc I Crntrct rwrd if rt tha timo of submining
drc bid, the Biddcr is unlicensed, does mt have rll ofthc rcqulred licenscs, or om or mott of thc
liccnses art not current rnd activc. lf ho City discovon a ltc tinp of thc Bid DEadlinc ther
Contractor is unlicanscd, docs not havc ell ofdrc rc$rirtd lica{utcs, or one or mort ofdrc liccnscs
rr€ not cunrnt and Nctlvc, thc City may rcjcct thc Bid, crnccl the award, dcclerc thc Bid Bond as
forfoited, kecp dre Bid Bond's proccc&, and cxcrclsc rny om or mort oflhe rcmcdics in drc
Contrrct Documcnts in addition to thoae providcd by law.10. SubconE ctors' Licansae rnd Lhtine. Biddcrs must list cacl Subcoflts*tor whom tho
Blddor must dhclosc undq Public Contrecr Codc Scction 4104 (Subcontractor Listing L"aw), and
thc Bid&r must provib rll ofthe Suhcootrsctor informrtlon thet Scctlon 4104 rcquires (namg
addrcss, license number, and portion ofthe Work). An inadvatont cnor in tho licorsa numb*
will not bc considercd nonrerporsive if it is concctsd within 24 houa rfier drc bid oponlng. In
additlon, the City rcqulcs thc Biddcr to list dte doller veluc of e*h SubcontracOr's labor or
servicos. Tho City rcs€wca he rigfit to rcvicw and diequlify any proposcd Stbconbrcbr. Thc
City's diquelilication of! Subcontactor docs not disqualify a Biddor. In suclr crr, Fbr to ud
as a condition to award of thc Contrct, the succcssful Biddcr sball subditutc r Foporly liccnsod
and qualified SubconErctoG- without m adjuoncnt ofthc Bid Amornt. At the tlmc of thc Bid
Deldllne rnd at rll tlmcc during pcrformrnce ofthc Worh cact liltcd Subcorhacror's liccnsc
must bc cumnt and ecdvo for dre portion of thc Wo* lirted urd shall hold all apcclrlty
certificetione requircd for such Wort.
ll.
Authorizations: Thc City hss rpplied rnd pald for the followlng Govcrnmcnt l Approvrls alrd
Utilhy Focs.
12. Bid Forms and Socudtv: Each Bld muU bG mrde on thc Bid Forms obtlinablc rt hc
Doparrrncnt of t'ublic Wo*s. Erch Bid shall bc rccompaniod by a crshier's chcck or caftificd
chcck drawn on a solvent burlq payablc to "City of Vemoq' for rn amount cqud to t n pcrccnt
(10%) of thc otal maximum smount of thc Bid. Altonutivcly, a sstisf.ctory coryorttc sutrty
Bid Bond for en amount cqusl to ton pcrccnt ( I 0%) of dre iotd mrximum amount of thc Bid mry
accomprny dre Bid. Said sccurhy slrall suvo rs e gurmtoo that tho succcssffrl Biddcr will,
Page IO of 177
PUBUC WORXS DEPARTMENT
4305 Srnh Fc Arcnuq vemon, cdifunh 9OGE
Tclcphsrc (323) 5t3-tt I I
MEclt 14,20lt
NOTICB TO BIDDENS - ADDBNDUM NO. 2
CITYWDE TRAIfIC SIGNAL MAINIENAI.ICE FY 2OI8
Via e-mail
coNlfRACT ilo. CS49r 5
IN TfIE CITY OF VERNON, CALIR)RNI,A
Tbls notlce strll be eonsidscd 6 Ad.rdlm No. 2 to tlE Spcclficdms for thc dlol!.ttrrrtioncd p.oixt rtd
modifias thc odginal Sp.cificatiqE rd CrJrlrEt DJcunrjr\ G nolcd belolv. Fortirxrs of tlt Conrncq not
qccifrcally nationcd in the Adderdum, rsrin in forca
Cs[neNlEifigrlisE:
In thc PROJECT SPECIFICATIONS, nple pagc 33 of tlrc SCHEDIJI.E OF BID PRICES. Thc pr8c ls
to bc 6]IEnded rs follows:
I. o'r Fga 33, Scction nl - CONTRACT PROPGSAL COST SLMMATIoNS, updEE tho
stdlmnt "Also, cnt6r Tdal at lop of Fgc 3tl-183" ts follows:
AI.SO, ENTER TOTAL AT TOP OF PAGE 30 OF I83.
2. On pago 32 of thc SCHEDULE OF BID PRICES. Bid llem No. 53 is rnEldcd rs
iollows:
FI'RNISH AND INSTALL COBALT CONTROLLER
If you havc any qucstlons, plors6 csll Vimc Rudrigucz of my strll at (323) 581881 I, ortonsion 220.
DW/vr
ErEl6ulls
ci Cit, Cled
trU Nil^
Danicl \Yall, P.E.
Dirccror of hrblic Works
f-frl"riovlylfllustriat
References from Section 3.2 - 3.4 (page 1)
^rG/(d&D(af l'.."-"-. I 'x ; t.**
References from Seclion 3.2 - 3.4 (page 2)
hE rki
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A iiATIER OF INFORf,ATK'N ONLY ANO CO}IFERS t'IO RIGHTS UPON THE CERTIFICATE HOLDER. THI,S
CERTIFICATE OOEg NOT AFFIRflAT]VELY OR NEGATIVELY AIIEND. EfiEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURAI{CE OOES NOT CONATMJIE A COi{TRACT BETIIEEN THE ESUING INSURER(S), AUTHORIZED
REPRESEIIATIVE OR PROOUCER, AND THE CERTIFICATE XOLDER
ILPORTANT: lf th. cerlificato hoHer is an ADDITIONAL INSIJREO, lh. pollcy(ie.) muat hav. ADDITIOI{AL INSUREO p.ovlslorE or be e'lddsod.
lf SUBROGAnON ls WATVED, eubiecr to lh. lcrnls .nd condltlons o[ thc policy, c..t!in polici"s m.y r€quire an endoraamsnl A alllomont on
this c€rtlfcala does not coarfar riEhts to tha certillcatc holdar ln
rtEtrc*u RsH r.B^, c
{,l5 sollH srFEClxmsrorst t(J 07ft0€154
i0129{fPr-B-t7n8 RE3r[ Grll !16 NG)
rELEosfErs xxBrRY. r*
ro€urY 0fl6loNSMB XTEUEIN] IMIISPORIAIDI| STRVICES
IdD O€ERfE.D PIE(V{AY
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COMMErcIAL AUTO
POLICY NUMBER rc2J-clp-? aa6L3al-ttr.- l? ISSUE DAI'E: 08-28-17
THIS ENDORSEIIE}IT CHAIGEs THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
Thls endorsemerl npdme3 lnsuance provlded under th€ lollowlng:
AUTO D€ALERS COVERAGE FORM
BUSINESS AUTO @VERAGE FORM
MOTOR CARRIER @VERAGE FORM
Wth respecl to co\erage provied by thl6 endorsefiEnl. the p.or4sims d the Coyerage Form apply ml€ss ]mdi-
fled by lhl8 efibrs€rlEna.
Thb endo.serlEnt i(b ifies peason(s) or orgarizatbn(s) wtD are "irEurads" tor Coveled Aubs Lhbillty Corerage
un&r thg \Mlo ls An lrEursd provisim of ttE Coverage Form. This endorsernerl dogs not aller carerage tr(>vldod ln the Cor,,erage Form
SCHEDULE
am. Of P.lronlsl Oi OEUrluton(s):
ltl Dlnaor oR onoNllllrtd Eo[ lou ElvrxrnD To rDD lE lDDllloftr. trslE, Brr?q&I TO COVEI'O! ID rlrtma ltrtraEoulnD Dr I tttlt!, ffi1let
lnformatron reqJired to cornpleta thr6 SciEdU€ if not Slpvrn abov€, wrll be slEwn in the Oedar8tlons
Each person or organizatlon strorrn in tt€ SciEdule 16
an'1n$I€d" for Covered Autos Liability Coveftrge, but
only to the extent ttEt person o. organrzation qusliries
as an "ir6ured'' under the Who ls Ar lrElred paovl-
sion cortain€d ln Par€raph A.l. ol S€ction ll - Cov-
erEd Aubs Llablllty @verage in the Business Auto
and Motlr Canler Coverage ForrE and Paragraph
D,2. o{ Ssction I - Covered Aut6 Coverages ol ttE
Ado Dealsra coverage Form.
cA 20 48 t0 13 O hsurance Servrces Ofirce, lnc , 201 1 Page 1 ol I
POLICY NUMBER: GLD1,I 1 0.1.@ COMMERCIAL OENERAL LIABILTTYcom10 8!i
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADUNONAL INSURED - OWNERS, LESSEES OR
GoNTRACTORS - (FORM B)
Thls erdorsement modlfles ln$rarEe provi&d under tfle follo't lru:
COIUMERCIAL GENERA LIABILTTY COVERAGE PART,
SCHEDULE
llante of PeEon or Orgrnlzrton:
Any Percon or Orgariza0on Reqdr€d by a Wrinen Corlrad
(lf no entry appeaE abs\re, irrormation Gqdred tc c!fiRete thE endoasonEnt rr,ill ba slswn in the Deda]alion8 a8
apdlcaue to thb erdorEs.rEnt )
Vvl-lo lS AN INSURED (Secoon ll) ls arnended b indude aB an irlsued the perstrl or organtsatim stlorn ln lhe
Schedlde, bd ody with lesped to liabillv arising o.Jt ot 'your work' ,0r tfErt lnElt€d by ot for you
It i6 ag€ed tlEt this insurance rEirlEined ptrGuant to the wrlten contacl agreeflEnts shall be priEEry to, and mt
conElhrtB wlth any rrBuranco or 6olf-lnsuam€ nEinlaingd Uy th€ abova, but oriy with r88p€ct b work porfonrEd
by or on behslf of the NarrEd lnsured.
cG m 10 fl 86 CopyIilht, lrBurarEe Sorvb6 Ofice, lnc., 1984 Page I oll tr
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
Ths €ndo.senEnt rEdmes lr}slxanca p{wl&d l,der th€ toltowlrg:
@UMERCIAL GENERAL LIABILITY @VERAGE PART
PROOJCTS/COMPLETED OPERATIONS LIAALN/ COVERAGE PART
SCHEDULE
Nrrr Ot PaEon Or Org!nL!6on:
ANY PERSON OR ORGANIZATION TO THE EXTENT REqJIREO BY I /RTTTEN CONIRACT
sholvn n
TIE follo'rnrE is added b Pardgraph 8. Tfansls O,
Rights Ot Reovery Aglimt OthG To Us ol
Saetlon lV - Condldons:
VVe warv€ arry right of rBco{ery ws may hsvo agairBt
the person or organ[zatim 6ho/vr] ln lhe SciEdule
abore because of payfiBnts we /nake for njury or
danEge arising oLt ot your orEoing operatons or
'your work done under I cofltracl with that person
or organlzailon and rncluded n the "producls-
corpleted operations hazard'. Thls wai\er apdiesonv to the person or organization sho/n in the
Schedule above
POLCY NUMEER: GLD111O1-@ COi/N'ERCIAL OENERAL LIABIL]TY
cG240405@
AGAINST OTHERS TO US
trcG 24 0,1 05 Oo O lrEurance Seturc€s Ofbe, lrE , 2008 Page I ol I
ATTACHMENT B
INTERSECTIONS
SPECIFIC FOR THIS PROJECT
ATTACHMENT'B'
VERNON SIGNALIZED INTERSECTIONS
t. 26rH STREET @ BONNIE BEACH PLACE
2. 37TH STREET @ SEVILLE AVENUE
3. ALCOA AVENUE @ FRUITLAND AVENUE
4. ALCOA AVENUE @ LEONIS BOULEVARD
5. ATLANTTC BOULEVARD @ 3030 ATLANTIC
6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD
7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD
8. BANDTNT BOULEVARD @ I-710 OFF-RAMP
9. BANDINI BOULEVARD@BONNIE BEACH PLACE
r0. BANDINT BOULEVARD @ PENNTNGTON WAY
I I. BANDINI BOULEVARD @ SIERRA PINE AVENUE
r2. BANDTNT BOULEVARD @ SLJNOL/AYERS
I3. BOYLE AVENUE @ FRUITLAND AVENUE
14. BOYLE AVENUE @ LEONTS BOULEVARD
r5. BOYLE AVENUE @ RANDOLPH STREET
I6. DISTRICT BOULEVARD @ LOMA VISTA AVENUE
r7. DOWNEY ROAD @ DTSTRTCT/LEONIS BOULEVARD
18. DOWNEY ROAD @ FRUTTLAND AVENUE
r9. DOWNEY ROAD @ VERNON AVENUE
20. PACIFIC BOULEVARD @ FRUITLAND AVENUE
21. pAcrFrc BoULEVARD @ LEONTS BOULEVARD
22. SANTA FE AVENUE @25rttt26rH STREET
23. SANTA FE AVENUE @ 27rx STREET
24. SANTA FE AVENUE @ 28rll STREET
25. SANTA FE AVENUE @ 37rx STREET
26. SANTA FE AVENUE @ 38rH STREET
27. SANTA FE AVENUE @ VERNON AVENUE
28. SANTA FE AVENUE @ PACIFIC BOULEVARD/VERNON AVENUE
29. SANTA FE AVENUE @ 48T1{ STREET
30. SANTA FE AVENUE @ FRUITLAND AVENUE/sIST STREET
31. SANTA FE AVENUE @ 55TH STREET
32. SLAUSON AVENUE @ ALCOA AVENUE
33. SLAUSON AVENUE @ BOYLE AVENUE
34. SOTO STREET @ 26rH STREET
35. SOTO STREET @ FrRE STATION #3
36. SOTO STREET @ 37rH STREET/BANDINI BOULEVARD
37. SOTO STREET @ FARMER JOHN DRIVEWAY
38. SOTO STREET @ FRUITLAND AVENUE
39. SOTO STREET @ LEONTS BOULEVARD
40. soTo STREET @ VERNON AVENUE
41. WASHINGTON BOULEVARD @ HOBART YARD DRIVEWAY
ATTACHMENT C
TASKS
SPECIFIC FOR THIS PROJECT
ATTACHMENT ..C'
MONTHLY PREVENTATIVE MAINTENANCE TASKS
I. ROUTINE MONTHLY MAINTENANCE
GENERAL:
It is the intent of the City of Vemon that the City's 4l traffic signals are maintained so as to
provide the motoring public with a minimum of inconvenience caused by the failure ofany
signal components, and to present a well-kept signal installation. All traffic signal work: shal I be
performed in accordance with the current Standard Plans and Section 86. "Signals, Lighting, and
Electrical Systems" ofthe Standard Specifications for the State of Califomia, Department of
Transportation and the current City Standard Traffic Details. This maintenance shall be
extended to include future signal installations at the proposed unit prices. The following is a list
oftasks to be completed for each intersection on a monthly basis:
CONTROLLER CABINET:
CONTROLLER CABINET MOUNTING:
Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not
to distort the cabinet door opening by over tightening.
CONTROLLER CABINET FOUNDATION SEAL:
Ifstanding water or evidence of water is present inside the bottom ofthe cabinet, check the seal
between the bottom ofthe cabinet and the foundation for deterioration: report the need for a
reseal, as necessary.
DOOR GASKETS:
Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for
evidence of moisture or deterioration. Report the need to completely replace any gaskets
showing signs of leaking or deterioration.
CABINET VENTS:
Check the vents in both the cabinet door and above the door, or at the top ofthe cabinet to ensure
that they are free ofany foreign material.
AIR FILTER:
Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged.
For any permanent filters, vacuum, wash or knock the dust out ofthe filter. Permanent filters
require no replacing unless damaged.
CABINET FAN:
Verify that the cabinet fan operates properly with a minimum of noise.
cs-0915 Attachmenl C - MONTHLY PREVENIATIVE MAINTENANCE TASKS 1 ol5
THERMOSTAT:
Verify that the cabinet fan thermostat is set at 100 degrees.
INTERIOR LIGHT:
Verify the proper operation ofthe cabinet's interior light. Ifa manual light is installed, check for
proper operation.
DOOR PANEL HARNESSES:
Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet
door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if
necessary.
HINGES AND LOCKS:
Check for free movement of all doors, latching assemblies and locks on the controller cabinet,
service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove
any excess. City will specify the oil for this purpose which does not attract dirt or leave residue.
VACUUM CABINET:
Blow or brush offshelves, terminal blocks and components and thoroughly vacuum the interior
of the cabinet, including the police panel.
INSECT INFESTATION:
Check for any signs ofants, wasps or other insects within the cabinet and report any positive
findings for the City to take the necessary steps for extermination and prevention.
CABINET GROUNDING:
Using appropriate equipment, check during the I st month of the contract and then annually the
resistance between AC and Ground.
SERVICE CONNECTIONS:
Verify that the neutral, ground and power connections are secure in the controller and service
cabinets.
PLUG-IN COMPONENTS:
Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly
and securely.
TERMINAL CONNECTIONS:
Test during the 191 month ofthis contract and then semi-annually or following any wiring
repair, each terminal screw by backing offslightly then retightening to confirm that it is secure.
GROIJND FAULT RECEPTACLE:
Verify the proper operation of"Test" and "Reset" buttons on GFI type outlets.
INTERSECTION RECORDS:
cs-0915 Anachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 2 of 5
Ensure that all intersection cabinet wiring diagrams are present Notify City representative if
updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the
reason for the call/work and results or work accomplished by date and time.
CONTROLLER OPERATION:
Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or
the controller key pad, to verify controller servicing ofeach active phase. Check conroller logs
for any faults that may have occurred and take notes for the file.
CONFLICT MONITORIMALFUNCTION MANAGEMENT UNIT:
Verify time and dates are correct in any CMU/I4MU with an intemal clock and for proper
operation ofthe unit.
DETECTOR OPERATION:
Verify the detection zones for each detector by observing the tum-on ofthe appropriate detector
indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is
placed on the correct controller phase. Verify detection zone vertically above loops whenever a
problem has occurred.
EQUIPMENT DISPLAYS AND INDICATORS:
Verify that all video, LED and LCD displays and indications on all cabinet equipment are
working properly.
SYSTEM TELEMETRY:
Check operation of telemetry on controller display and modem, ifequipped, located in the
cabinet. Report any malfunction immediately.
EMERGENCY VEHICLE PREEMPTION (EVP):
Verify that the EVP is operating with the use of a strobe light. Report any malfunction
immediately (Completed every 90 days).
INTERSECTION WALK-AROUND:
GENERAL:
Remove any easily removed, unauthorized signs and posters and report all graffiti existing on
signal poles or equipment.
SIGNAL HEADS:
Verify that all vehicle and pedestrian signal heads properly display all indications and the signals
are not damaged. Verify the alignment ofall heads to the intended direction. Also verify that all
backplates, visors and doors are visibly secure.
Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 3 of 5cs-09r 5
PEDESTRI-AN EQUIPMENT:
Check all pedestrian push buttons and sigrrals by band to ensure that they are securely mounted
and operating properly. Contractor will maintain a supply ofADA push bunons, as these are to
be repaired immediately on discovery and reported to City staff.
MISCELLANEOUS:
Check operation ofsafety lighting using the manual test switch located in the service cabinet
Visibly check all signal-mounted signs and advance waming signs/beacons for deterioration,
proper mounting, alignment and operation; Verify that all pullbox covers, hand hole covers, etc.
are secured and not damaged or missing. Check all detector loops for sealant deterioration,
exposed wire, etc. Record any problems or irregularities and take corrective action as soon as
possible, for contractor provided services. Visibly check pullboxes for evidence ofants and
gophers. Report any positive findings.
LAMPS AND LIGHTING:
When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged,
defective or past its useful life, the lamps/module shall be replaced without charge for labor or
equipment using Dialight LED Ball Signal Modules (8 inch and l2 inch) and shall be fully
compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June
27,2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight
( I 6x I 8), pan number 430-6479-001X. Contractor shall replace intemally llluminated Street
Name Sign lamps as they become dim or inoperative. ISNS lamps shall be F72T2 Cool White
Fluorescent lamps meeting the requirements of ANSI STD. C78. The Contractor shall during the
lst of this month clean and polish all lenses and reflectors including illuminated street name
signs and safety lights. The contractor shall replace burned out lamps as they occur under extra
work charges.
ANNUAL CONFLICT MONITOR TESTING:
Replace conflict monitor's (CMU's, MMU's) with a spare unit and submit the monitors for
testing and certification. It is suggested that ten ( l0) monitors be replaced and the originals be
submitted for testing and certification on a rotating basis over I I months. Printed certification is
to be provided for each conflict monitor/malfunction management unit. The contractor will have
available 6 spare MMU's and 4 spare CMU's for rotation use in testing. Testing of conflict
monitors shall be included in price proposal for routine maintenance.
PAINTING:
Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller
housing (ifalready painted) on the second year ofthe contract, unless directed otherwise by the
City. Repainting shall be completed in June and shall be conducted by spray painting methods.
Colors as specified by the City. For those controller cabinets that have metal finishes, the
Contractor shall wipe clean controller with detergent. Detergent per manufacturer's requirements.
cs-0915 Anachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 4 of 5
ROUTINE EMERGENCY SERVICES:
The Contractor shall maintain a twenty-four (24) hour per day emergency service for the
replacement ofburned-out signal and safety lamps, adjustment of tumed heads, repair of
controller malfunctions or any damage creating a public hazard. The Contractor shall repair
parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition.
This telephone number is to be made available to all persons designated by the City.
The Contractor shall make immediate service calls on an emergency basis, responding within
two (2) hours in the event of malfunctions ofthe controller or signal system or tumed head. The
replacement of bumed-out signal lamps, internally illuminated street name sign lamps, or safety
lights need not be on an emergency basis provided that there are at least two (2) indications still
operative for each direction of travel. Such replacements shall be handled on the next business
day but in no case more than 48 hours. All labor, materials, equipment, travel, and pans for
routine emergency service shall be included in the routine maintenance proposal price per
signalized intersection per month. and no additional compensation will be allowed.
cs-0915 Anachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 5 of 5
PUBLIC WORKS DEPARTMENT
'1305 Sanla Fc Arcnug Vomon, Califomia 9005t
Teleplrcne (323) 583{81 I
Mecft 12,20lE
NOTICE TO BIDDERS - ADDENDUM NO. I
CITYWIDE TRAfIT SrcNAL MAINIENANCE FY 20 I 8
Via e-mail
CONTRACTNO. C9O9I5
IN TIIE CTTY OF VERNON, CALIFORNIA
This notice shall bc coruidered as Addendum No. I to thc Spccifications for tre abovsnrntioned projed and
modifies the ciginal Spociftdions and Contrt Document\ 6 noted bolow. Portions oftlrc Contact, not
specifrcally mentioned in the Addendum, rermin in force-
Contract Specifi cations:
In the NOTICE INVITNG BIDS, replace page l0 of the NOTICE INVITING BIDS. The pEgB is to be
amended as follows:
l. Sectftm No. 9 - Contractor's Liccnsc ofthe Notice lnviting Bids was amended to update
the Contractor's Licrnse requ cments as follows:
In compliance with Public Contract Code Section 3300, tlre City has determined that the Bidder
must possess the following license(s): C-10, Electricd Contractor, and D-31, Pole Installetion
and M&iutensnce Contmctor from the California Steto License Board, as rpplicable to
such sclf-pcrformcd rilor'lc Cotrtrrctor mry substitute the D-31 Liccnse for e Clrss A,
Gcnerel Engineering Contrector License.
lfyou have any questions, plcase call Vince Rodriguez ofmy $affat (323) 583-8tl l, cxtension 220.
Dw/vr
Enclosurcs
q City Clcrt
tE4cfiuive$ Intustriat
6. Engineer's Estimate. An Engineer's Estimatc ofthe cost of construction ofthis Work has
been prepared. Said estimatc is in the range of $_42,000 to $ 48,000 for the total annual
preventative maintenance.8. Acceotance or Reiection of Bids. The City rcscrves the right to rcject any and all bids, to
award all or any individual parVitem of the bid, and to waive any informalities, irrcgularities or
technical defects in such bids and determine the lowest responsible biddet whichever may be in
the best inter€sts of the City. No late bids will be acccpted, nor will any oral, facsimile or
elecronic bids be accepted by the City.
9. Contactor's License. At the time of the Bid Deadline and at all times during
performance of the Work, including full completion of all corrective work during the Correction
Period, Contractor must possess a Califomia contractor's liccnse or licenses, cun€nt and active,
ofthe classification required for the Work, in acrordance with ttre provisions ofChaptcr 9,
Division 3, Scction 7000 ct scq. ofthe Busincss and Proftssions Code. In compliance with
Public Contract Code Section 3300, the City has determined that the Bidder must possess the
following licens{s): C-10, Eleclricat Contrrctor, and D-3L PtoL ln*,,"*n .td l,Llnten.nce
conts ctor trc.n the Cllifom'ra State Llcen* Eo.rd as spplirzbh to such setr-performed
Work. Contr.ctor may substitute the D-31 lkensc for a Cless A, Generel Englneedng
Contractor's License. The Bidder will not receive a Contract award if at the time of submitting
the bid, the Bidder is unlicensed, does not have all of the rcquired licenses, or one or more of the
licenses are not current and active. Ifthe City discovers at the time of the Bid Deadline that
Contractor is unliccnscd, docs not have all ofthe required licenses, or one or more of the licenses
are not cun€nt and active, the City may reject the Bid, cancel the award, declare the Bid Bond as
forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the rernedies in the
Contract Documents in addition to those provided by law.10. Subconiractors' Licenscs and ListinB. Bidders must list each Subcontractor whom the
Bidder must disclose under Public Contract Codc Scction 4104 (Subcontractor Listing Law), and
the Bidder must provide all of the Subconractor information that Section 4104 requires (name,
address, license number, and portion ofthe Work). An inadvertent enor in the license number
will not be considered nonresponsive if it is conected within 24 hours after the bid opening. In
addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or
services. The City reserves the right to review and disqualify any proposed Subcontractor. The
City's disqualification ofa Subcontracior docs not disqualify a Bidder. In such case, prior to and
as a condition to award ofthe Contract, the successful Bidder shall substiturc a properly liccnsed
and qualified Subconracor- without an adjustment of the Bid Amount. At the time of the Bid
Deadline and at all times during performance ofthc Worlr cach listed Subcontractor's license
must be curent and active for the portion ofthc Work lisrcd and shall hold all specialty
certifications requircd for such Work.
I l.
Authorizations: The City has applied and paid for the following Govemmental Approvals and
urility Fees.
12. Bid Forms and Securitv: Each Bid must be made on the Bid Forms obtainable at the
Department ofPublic Works. Each Bid shall bc accompanied by a cashier's check or certified
check drawn on a solvent bank, payablc to 'City of Vernon," for an amount equal to ten percent
( l0%) of the total maximum amount of the Bid. Ahematively, a satisfactory corporate suety
Bid Bond for an amount cqual to ten percent (107o) of the total maximum amount of the Bid may
accompany the Bid. Said security shall serve as a guarantce that the succ€ssful Bidder will,
Page 10 of L71
li
I
PUBLIC WORKS DEPARTMENT
4305 Santa Fe Avenuc, Vemon, Califomia 90058
Telephone (323) 583-881 I
March 14, 2018
NOTICE TO BIDDERS -ADDENDUM NO,2
CITYWIDE TRAFFIC SIGNAL MAINTENANCE FY 2OI8
Via e-mail
CONTRACT NO. CS-09 I 5
IN THE CITY OF VERNON, CALIFORNIA
This notice slrall be considered as Addendum No- 2 to the Specifications for the above-rrntioned pmject utd
nrodifres the original Spocifications and Cuntret DJcurEnts, as noted below. Ponions of tE Conlra€q Dot
specifically nentioned in the Addendum, rcrnain in force.
Contraci Soecifi cations:
In the PROJECT SPECIFICATIONS, replace page 33 ofthe SCHEDULE OF BID PRICES. The page is
to be anended as follows:
l. On page 33, Seclion III - CONTRACT PROPOSAL CoST SUMMATIONS, update thc
staterEnt "AIso, enter Total at top of page 34-183" as follows:
AI.SO, ENTER TOTAL AT TOP OF PAGE 30 OF I83.
2. Gr page 32 of the SCHEDULE OF BID PRICES, Bid Item No. 53 is amended as
tollows:
FURNISH AND INSTALL COBALT CONTROLLER
If you have any questions, pleasc call Vince Rodriguez of my staff at (323) 581881 l, extension 220.
Dw/vr
ErElosures
!: Cily Clert
d-taNil(
Daniel Wall, P.E.
Director of Pr.rblic Works
Tag. fi u ia e ty I n ltutria I
1a Fumish and install 5 sedion 12' dogtlotlse with m6t arm
mount EA 2 Q $
33 Furnish and inslall NEMA conflici monilor EA 4 )$
3t Furnish and instdl 21 vdl po\^er supply EA 4 S $
Fumish and iNlall 8' LED Red Ball (Dialight)EA 10 S s
36 Furnish and installS' LED Yellow Ball (Elial{ht)EA t)$$
37 Furnish and installS' LED Gren Ball (Dialight)EA '10 $$
38 Furnish and install 12' LEo Red Ball (Dialight)EA t4 $$
20 Furnish and install 12' LED Yellow Ball (Didight)EA I s S
40 Furnish and install 12" LED Green Ball (oialllhl)EA $$
41 Furnish and inslall 12'LED Red Anow (Dialoht)EA 4 $$
Fumrsh and imtall 1Z LED Yellon/ Arow (Dialbht)EA 2 $$
43 Furnish and install l2'LED Green Anory (tlalbht)EA 4 S s
44 Furnish and lnstall 72"x'1S ISNS Panel (Greenruhite)EA 12 S c
ric Conducl Safely Light and SNS Nghl Survey (Monthly)EA 12 S S
46 lnstall City fumished regulatory sign on signal masl arm EA 50 s s
47 Redace Type 1-A (10) pole,EA 4 s $
48 Adjusl alignmenl of signal hed on pols EA 10 $$
49 Adjust alignmenl ol slgnal hed on m6t arm.EA 4 $5
50
Furnish and install Typo 332 catinet wih 170 ATC
Mccain controller pff Los Angeles County Specifications
(complele in plree with all necessary equipment)
includinq lurn-on. (W6ekend Workl
EA 2 $$
51
Furnish and install Type Pl or M1 caHnd with ASO2$
2100 Ecoflolile mntroller pel Los Angelos County
Specifications (comdete rn placo with all ne{essary
equignont) includim lurnfl. (Weetend Wut)
2 s S
52 Fumish and insta' 170 ATC Mccsin mntrol6r EA 1 $s
53 Furnish and install Coball Conkollel EA 2 $s
SUBTOTAL FOR BID ITEM NO, 16THROUGH NO. 53 $
(IABOR AND I\,IATERIAL)
Bii
Item
No,
Equipment Unrl oty Per
Y6ar Unil Pr ce Total Cost
Per Year
Page 32 of l'11
Pick'up kuck TRIP 80 $$
HydBulic sewice buclet truc*TRIP 120 $q
56 Hydraulic Boom Truck -l.RIP 5 $c
57 ComprBssor wilh tools T?IP 5 $c
58 Crane Truck TRP 5 $$
59 Concrete Saw TRIP 5 $t
60 Waler Truck TRIP 1 $t
SUBTOTAL BID ITEIU NO 58 THROUGH NO.60 (EOUIPMENT) $
SECTON III. CONTRACT PROPOSAL COST SUT}IATIONS
GMND TOTAL BID ITEMS NO 1 THROUGH NO 60 (USED FOR 8ID PURPOSES ONLY).
Dollars ($
(Also, entcr Told st top of pego 30 o, ,l83)
Bid is lor mrnparison purposss. Adual pey to th€ Cofltrrctor for emergency v,oft will be based on aciual timo and
malerials based on unit prices provided All unit prhes shall include all o\,erhead costs and gofits.
All other work it6ms, hbor, mat€rials, tmls and incidentals whrch a.s not spocificelly lbted i.l ths abov€ M ite s, but
are necessary to complele tlrg poiecl p€r sp€cifications, and all other applicabh standards and codes are consijered
to be included ln the above tid items,
ll there is a discrepancy bsl\t€en (1) th€ "Grand Tolal' shown immediably abov6, (2) any of tho 'total costs' shoryn in
the lar rbht column above, or (3) the individual Unit Price, then the Unil prir shall onlrcl o'€r lhe total cost, and fte
total cost shall control ov6r th€ total. lf, hovcver. the unil pnco is amb€uous, unintelligibh, o{ uncsriain for any caljse,
or is omitled, or is lhe same amounl as Ule enlry for lhs itom total, hen lhs itom lolal shall prevail and shall be diviied
by the estimated quantily for UE item ad he prica lhus oblained shall be ttE unit p.i:e.
Btddsr shall sxdude th€ cct of Permit Fees from Bidd€/s Base Bii sum; Base Brd sum shall indud€ tlE cost of
edministralion and coordination ot Govem.nental Approvals and Utility Fees.
Page 33 of L7l