The URL can be used to link to this page

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 !)otorEsEl/)E:Eoc>=uoOctr ;(E-e -go+, tu- EFl EFi OFr (u 9zei0, tu .98PoEioJP!e;(oY =oso= u'=X o -9 ,Yi L^-5o a.,-:o- o bt bcoO ;Oc-^>-E6 gE .9 q, *-c E: F&L(J=-oJc l!4fE :it!-qJ.=E€ }-E(J 39g P !r co == c r'{Er :H E € f";8b Joo1, t^c =8 6F{oal rri CL o lEtco@ Ic5oI .!(, ol- li oltEo0c +.cl! LlE3 oJE}toOA(r-90 .:!rl!(J .=O-cEo.99r!9LcooqE3g*-Ea{Et.ooAl\=tr.=IttsE€BE3 if;E qJe iiF3P btCt-Ci I $n s zlr,l =G, ot!o 0c =tA UJE, lr,tL)z 2 l! =.a=IIJP=6E-=:&l.,=(-) e- =6=rME F G, Fth O+lIIJ-=ir=oEdlJl== T, CJ 7T -t 3 :! 1-!l I 7! i I Ctty of Vc.non - Ught E Powlt ,4305 Santa FeAve Vbrlon. CA 9q158 (3'n) 58s-881r PAY Five Hundred Ninety Five Dollarc and Ninety Five Cents 'rY HrNoJos. ANTHoNY ro txt 7232 EL REY DRo.r,€r BUENA PARK, CA 90620 o, -"" " -' [.O5 t]15 lil r:l e aO?O18 lt: 8018 2?q Ir' PIEAIiE DEIACH BEFORE OEPOSIIING C]TY Of VERM)X. LIGXT I POIT'ER ACCOUNTS PAYABLE CHECK NO 513151 D€scnrprqr J ro.lrurrae l 06.g!t!L l,----- 022818 02?818(2) '\r utt)€- D o$l o2r28n018 o2n8no18 E1'EN tu MSION BENEFITS / A. HINOJOS VISION BENEF]TS / S HINOJOS \lr +r5 612_ |,r \JolD Re -slut' olzilrx, 000 0.00 238 96 356 99 Ur, [DE-D oN 6^18 f.L. o 595.95?)) | Commenta: oooc3.F8PEr-'o !,EodgUC =oua9-i!, iEl!EEo., (u>E9ocL c, -t2q llc ..i; Es s5 .!r F{-{ *8 ^g ;3 z Fl ot(u-:>iE-li ot! .9i 'E fg EE Eia rE r- q F o<t<i:r,ti Eg g .$aP u'! d, 1= a6o! s: : fisN.5 Fr ji u o oo]\E sb { BESB eE E htPU E= E qol; llt -l . \J !9 (UeE EP I E€.8E :R g I:E(9 ; - c . =!; :E H Ei$E h= X >o.-E #E E 8gEE BS E :EtE !l* g sBH*, h 5 - 3 o.9# EE q 3=e!, 3e € 56 5t -., E: is 5 6'€EE 3E ; €8.=ER Ei = 3#eE,'i ot 6 EEE L CL (u O r.F -{6tmir< c C o =6 (9o. F gOoe a.r!oct,lEEER.}rr- lJ(Jl! F eg =oR=89t'99iT E =_ EsEE.E uJd,ctF fI$ t{l cl-<) zt! E 0a d UJo 0lDta ut 0c uJt,z z t! FEoo.I! E, l!II f,ti O !+llll s- E\,ooa2 c'! c.a)r- co i/Ul..r trO=duI==tr, q) c(!ht3=or!gE9;3El!C;9PEt>:60-E >E6r= !I'2u i ;;: Eed :oc I >E'6u 3 -P5e c'oo:g E€€ s b"g9cl!9Ee.co E-Et€.Es q, o, o> J(J.E> 6=qr :o o EPbE E:hir*i 5EoFrce >=9Eo,':9€;o 6E-OE Cloel o oi Pto€:IEpEE:g bqEDg::.!o ,^ofo.E;E!goYOq rc6i E E*>oJ d X;-or= " FB; 6g 3 96.9- EE !'o ! e-:= o- g z2oof<(. EgE*638; azi<"u=E 3 a o o)doo uo(9 .E 9094 .,4 ui d 44;i nn^t o l IFz o gE A@ o-I .9 .9!, tl eq d.i oo dd oo ..i'j sz = oI! I zF oo o.,ioo q o I e o c ei o) zo k o oro o ooo .i.i.i oooooooooooooooo ,/_1 '4 '/_1 '/l oooo oooo F E. o= x !d 6 E E* .!\q.1 zo d I a ol o ,9,2 q lo ot o a .; od eea ooo oooo oooooooooooo ,J_1 'r') 'r') ,4 ooooqqqo) oooo Eg ^o3;E.s,mEixg a, E 'r'):E 9olE9E55P0:t95E aoqcq (,zF 6 o 5: 220Ofz6zots!suE:63E= E=E?'usc 3 Izoi tJ 9o z 2fr s3<2 zoFA oz o t)2tfto =E c to Efzoz E z otooz 2 o E 1! a o E ,E _q o .9 \ zI E OJ?xrziroDZzd, co> o o o ID rl o o ooooo .9 .9 .9 .'9 4q ooooq EBo oo ; ;; ooo oazoF(9z GG IU od oo oo z > o o l F I Fz oo .!oo o .l oo oq () z6 cjo I E a a o) .i 9 z zo tz- !20 oo oqoFrioo E 'a o o c; o \ .j =fo (9 z =o Eo e FF22 \D=B EkE ;l4<rl. C,l2 urlsr olE =l3 3lFEEp R=< ;>6s;o *qA omN @@@oool.,ooo9 QQQ6 EEE>ooo-cococo z4o3 q6 4 ud ^Lr>>i:rtE=.o O <ulu ETFtJ2-r .i ci n 4==a : E; oo a99 ic N \o \o =E O N Nde i e eu=<2 o o o gz o =:30zaoJ2=<r Eq<=2@ I'EIz;>o 5 T zz9of<6 EgEH><:3di6EEi EEE" G,I B IzoG,FI !1 ii oqo E tq = o: o o 6l o EzlFz l 2 ooo E =€b< 96 e 6.=; o; P t; '.>ii'i .iqe.'l ooooo!I nn.!n oooo qoo oooo !; E6 -96> 94 ioz >a o 4(4.l\oo E eo.E o. Eo o oi o .l F l FFz 9 oq.';ooFF Ozz o=B B3= ;ts c,l= sl 3= El> >ts zl-l3p R>oc3 aq d (,q6X =3 E ; 6 z2o:FT Ai o# x= : =o I == :.<=--638=E=!t,UE g 3 |JzoG,F FF22E6==ts d,l2,,!l: tl* 3lFEl.EE>o *qE Io = zIFr d, o v2-l;oz=-e =ulde(r=<z G 6 Ef2oz E zcoctz :E9Pq.9EigSj .rl.>'-Eqo,3 TEi gE FTEH,^EH gnlartBrPo'v tEeE--lE Eo q5q5q;q!r=: 9g+:"8 rEo o H P{.i.tlS;:.:.;;H Abi HE:d ssE sE;igEEEgE E 5E E E g E EiE rn (tr (r! rn o ro o H d c, m ln 0 0 0 @ o sl @ o (o o F.! a q oq I ot a q q q d? c q q c c dt q o: c c c qor'\( F\ @ rn N o o 6 in m (o o o or N rn tl lnu.ir,).rm (n H @ \D ar) <t o o a{ r, ur or o o H <t a{ a{ <t N r- oov|</|mFrddHHnl<t<<l .{ F\ ul r.r} v} v} r./} _l r./} i.i. r/r .J\ .J\ lt lt r/r rJl r,/1 rr1 vl rr1 qa vr o o z l o o o o o o o o o o o o o o o H H.{.{.{.{ !y) <t @ @ @ @ co co @ @ co @ @ @ @ @ @ co co ao ro @ @ @ ao o o oo o o o o o o o o o o o o c, o o o o oo o o o o o o o o o o o o o o o o o o ooooo o ln 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000O O rn O rrt rrl r,/1 rn vt l. rrt ur F. F. l'- vt r./t (O r,/1 O Or Ooo(Do(o (o(o(D(o(o(o(o@(D@rDrDro rDo(ooN (D (t! <t ot or or ot ot ch (h or (h (h (h ot or (D ^ (h N clt ot444'r_1 '.'-1 '4 ,4 ,r_1 'r_1 4 4 4 4 ,r') '4 ,4 'r) 4 6i 4 4 '4 'r_1.{.norHc{\D(h.n m rn in.n.n m o o N ctr o o.{ rto o o o o o o o oo o o o o o o o o or o o o on.1 uln n n i'1 nnnnnn.lnn.1 nnnnn ooooooooooooooooooooooo Hg =.29.2oE!gHE:x,B:vdtsEE:EI"UE& 3 Izod,FI FFzz=6iEF EI2 urlE lol= El3 =lFEr"EE3" *od Io = zot- all o 9Zge =E ?6g= <2 c .oE =z c!z =zEooz o coJ0,, o oo '4cl' -'E-a-E E _e 35 gg .. EHHgg H itA t^ tA .; : a8.dB 8. H Eo o o ; ;i.X.X o, o, X 5 c! E ! ! E E E}.;EE ! ! E! E E E.;.E 8€6 -o-6 6 EE E F 6 ; v ! 6 6 a.!r E E E -q E -o,'Jt o - i o. o. o. ii i ;'i E -c E i o.-c o. o. o.! d o,$f ;f f ;;;=f 59Esf ;I;;;3e;- ot rn H o o rn.n N o H H <l ln ln <l tt .{ co oqo!c'4.!\ cqq9.1 nq 9qnoq nq'4cnq.{(o(hrY}Hrtl\<t<lo.io@Inritln F\ rrl \o r,t ut O r,i \D (r1 (hO@.{ttF-O<tOr^.{@otH F\ .n N rn rl a{ d or .r r,r1 H .{ l,) r,/1 a{ d r/} < q1 rr} v} arl1r\ !\ 1)\ .r\ rr! r.rl r./| vl j r,/1 r^ j r,a j i/1 !| t '.lt .t\ r/| : .6 E k o o z l a rn\OF.@@@ Ot Ol OO H6l .n sl (/t\D\DF @@Or^^ @ @.o @ @ @ co @ ao @ ao ao @ ao ao co co @ @ @ @ @ @ ooooooooooooooooooooooo oooooooooooooooooooooooooooo oor^oooooooooooooooooooo oorn rr1 (n000000000000 F-o o o o o o o ro ro (o o o o o o o o o o o oo (Da{ N N O! Ot (r! F- F- N N .rr (l' .{ N Or!/t tn Vl rrt rrt r^ ur rns oi .'i .'i dj cri d cj d qi ..i .i .'i .'i + ri ri rri .j .i di iyj njcost(nm.rro(D\oaom.n.o.nc,c,ooooooooooooooooooooooo iiirrt\ariici ..;..;; .i .i .i .i .i ; ; ; .i .i .i .i .i .j .i ..i c; '; '.iiiii(ariHooooooooooooooooooooooo ots 22993;EtrEEX><gldi63EiE:ET"UEc, 3 IzoG,F !t-Fzzr6-<t Et2 tlt lq raIE EIr=l-ltit"EE( *oA 9o = zoFra o a2-l =ozs =urOsU= 4Z c 6Efzoz E 2cooz oF v= fiC r EE*gg Ha E EH:€ e e"E35[gE Eg g ;P -> E - E - -€reEEiI -. >J -,I - 9 -:d d : in ai z y e Y i o o nj ij -.\ or nj or ij g I =E s EE EE E 5 E I E E E EE: f E -sE -B€ Ia-P;. ;;E&l =3 E 9;;i 5 9; 9;f t @ (D F- rn i o.n N <t o o co @ H !l o lo.n F- o o d on o: q oq,r_r u_r q q q c q 4 e \ q I q \ ol'4 n oq'r_1.{O.{rna{OrO(o l^<i NrOrO <l .{<i@F. F.oH(o.rot<idlaF\@.n<l H('lm(o<to@H {,/} 1/} r./} @ <,/} r./} r,.} <,r} <./} r,r} ln r,/1 r/} r,/} r/} {/} r/1 r/}r/' j r.r| r./| .i o o z f ^oHN<t!n(oF.t.(oao('(h^-an.nmmm9€ @ @ @ @ @ @ @ @ @ @ ao @ co @ co @ @ @ @ @.o @ @ ooooooooooooooooooooooo o oooooooooooooooooooooooHHddooooooooooooLn o o o o o o o o o o o o o16 N cr cr c, o o o@ o o o o o o o o o o o o oro r^ c) c) c) o o oF\ .rr N ( (r! F. .{ F\ N .! r'{6 v.l L/t rn.n O! <t Or Or Oi (, (, 6r (h (h rr i.n(o<l <l (n m H iOnOnocncod.nsfsloo.nmmm<t<lo or oooooooooooooooo oo ooo.1 n n q o) q o: o) o) o) ot ..1 '1 n.1 .1 nnnnnnnd;oH ooooooooooooooooooooooo Ch zzQd=z@2OaatrUEX><:2dir-,!O-oEHa az><ell< t = gzot a F F\\ ,9 F, 4 on zo9o o q@oNo!rnoooo q ccq o ooo E EEEI lll lltt oooo o oooo ooooooo "l 4 ,r_1 4 o ooon .-inn oooo Lo Fo orir95> Iaat 3 333o!Ea I III E EEE E EEEoU cg oU og.t3 J! ]a .iaoooo a q.!.! cd ii ii ii'tr 'a '= c.r)c <i di rri ..i.i..j o .-! L,)\Ol.@OrOrOraocoao@@@@ ooooooo oooooooooooooorooooL/t00u)ooo(oooo\.{.{.{o!N(t)ul ,J_1 ,r_1 ,4 '4 '/-1 4<lotor!ommmcr <t <t <t .n .n .nooooooonn._{n.1 .1 n ooooooo o,E d.ioO;'Ez-o dq 6 6 = 6 a'aqqgQr', xddd.Edl!-oc!oacd-offr1c)r,t(^.r(n'ru(,(J OF.r^OOococotqlcqcLnHiH(n<l(hF\Om<l(hma\m@iF..nNr.r|ll l'l\ .J\ 1)\ 1)\ 14 o o z l d: 639- EgEl638;EE!?,US 4 3 gzocF FzfoE6l=lrl=lko +q A. Io z c, @ Efz zoFg c, o t-z =oE c =lzoz E zcooz F2foEct.6 I=l>l=lko r: F. F\F. t\ i.\ F- rirrt @(l| (D t\rl)ielolo\o(o@(o@iaia@(oqr o ( ot ol o\ or (h(h o\o\ (h or a o (l9 o o q) oo oo o oq q qq c c q cc qq e q !:lio o oo o o o oo oo o o !i !l .:l naaaoqrooooo oQ o ooooo oo oooQQoooooooooooooOOO6o666N<ae!^'hF!rnNN N\r!rif<irnm.n.niii<ea6O ql !l S I ! e <t I H H N.i.o.a @ @ \o @ G G 6 r^ .t(!l@\D@rooQ Q C) () c, (, O O O O O O O 1^ r.^ r^ 6 - .n - 6 - 64lllql'4qr{rl{lL/ttn\O\Or(i(!jirir\ooooooooooooooooooo6006 lrHHlo I Q O O I OO C'i O c)o o o o o o oo oo 6 6 !Oro@(oro\D<riri@F. F- F- a\ co@ 166 6 F-?r i @'6 ro dq)@@tolo\D.n-riro e fi e 6 E $ e 6 e fi g il H H fi s H g $ H $ g,or .or ch (h or .(h oror . :or :orI xP x Q x o x o x o x o o r r o o x o i o =E:P? ZPlF:F:E = :PE: :P =E:3-E€_E* H-U3!€!3 633 3_U€€_69!g5,' 63 d E 36 3 5 3 6 3 5 5,ts 3 6 6 3 536 E qr ql 9 ot .o (h 10 co <r.o <r <t !o F- r^ or \o.{ r'\ N o @ rnz d1N\D<ro\o! F\lrtmo@F-m@(hNNmc) f oi q, ui .i Fa oi .yi rvi .i .d i ui .ri d e + .i ^j L/i 'j qi od ^iory{'.lr^sryv}mrr}\omr,r}covi.o- (o <r' rrt N v.} r,.l v| r/} .iat/!l,lvt - ooao99oooooo o ooooooo9QOOOOOOOOOOO O OoOOei.i.iOOQeQooooooOo O O66o666ooooooooooooo o ooo6666 4sl 4u] i,] 4 ,J_1 44u-r4u_r,.,_1 :4:4',.144'r_1 '',1 4dorDo\oa{a{NN.!do m rr.r rrr.n rn rn.n m m lrl ai c) <l o rr o o o o o rnooooooooooooo-oNoo6666o 'j..i.i.;.j.j.j.i.i.j..;.i.i;..i.j.i'.i'j.i.i;.jooooooooooooooooooooooo Fo o o a or Io z z9F E o fz 0t 6Elzo2 E zcooz o: 220Ofa€ZOE!gHE: a3,g; azi<"u=E B |Jzo4F slifltsl<tN(, (r! <h or (D or ooooooooooo; .j .j .i ; .i oooooo l'\ F <t <l si(o10@(o(oor or ch (h ch oooooq q 9cq ooooo ooooooooooooooooooooooooooooooooooooooooooooooF..!.!(nrn(olD@(D(o@m <Lnlnco@ro(ooj @ (o ro F\ F\ F. F\ F- F- F- O O F F(^@@@(o<f<l<t<t<+(o(o(o(oiim.ocrioroiolorrn(^lnrnLnlnln Lnlr'l^@@(o10oooooF.F.N t-t\t-FF.F-F.oo\o(o F,@@@@@COCO CO CO qO 01 0r O1 0\ooooooooooooooooooooooo !nao o XXX o oo o o oI I XXX 3 33 3 3 es P === I 99 I I S n n i6 i6; o oo o oxExExEEExssBsEEsxExExEx 'r! 1..1 Lnvtn H H H(nt^(n9!n99!^ l^ 9!^9 !^9 !^o\ gr 6;;^oro10 or olol or o! orx O x O x::: x x x o x o o x x o x o x o x.6z.t z l!.t!'!z.azz.6.6z.$z.az.6F::: -E € ! 3-Uitn E a -6 3 a33_E a€ a3 a3 !3 6 3 6 3 I I 9,*,' 3 6,8 5 6 3 3 6,' 6 3 5 3 (,1 (o <) or Ir d F. u) @ F. F- @ sf @ F. <l @ or !n 10 <t @ F-F (o 6 @ @.{ O (n \O !n lrr i rn rn H @ @ or rn F\ ro c) (n6 d .'i oi ; oi cd ui q s .'i d ..i .i tri N.i oi d d ci N 6ir,/1 rr <l m <,/l @ <,rl <,.1 <,/) a! r,/|14 .1\ 1,/\ n\ 1r\ .J\ .Jt t \ oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooout 4 4ulul ul 4 "_1 ,J_1 'J_1 4 !_1 4 'J-1 4444444'r_1 u_1i.nc)imc)d.om i <l <t <t <l < <l <t <t <t <t <l < <t <t <t m mooooooooooooooooooooooon-1 nn.1 nnnnnnnnnn.l-1 innn.1 n ooooooooooooooooooooooo n i .6 t-o o !t o (h zzQofza20(!lE!{Ets9ih;638; Ezz<!, lr< t = Izoc,F 4 =lzoz E zcooz Io z ?!o H=<z zoF a o r.JFv2-ltoz5 qogzocF oF 11 ! s qqc ooooooooooooNF.F-F.ada-FF.F.(O(.|.nmdiF.F.rDro@@Ft\(D\D(oroiir or(no\or6cn oooooooooooooooooooooooo 4ut4,^,J)4 mmm.nm.noooooo .j..i..i;;.j oooooo oooooo @(o@F. I.- l.- !o(o\oor€6\!ecn\6 .(,)o\orOxOxOxza2@26€33!*a536363 F.tn@N@dre9qqqe!OOln.rrl\Nr^r./lH(amd Fo 6 tr o FFz2E6E?l- azl2 lctlE 6lE =lr =lFit''E>6 +q 9o = zotrcc o x3;o2=-e =s,de(r= <z 4 @ E 2oz E 2co6z 3: aZz *20(!lE!.{EtsiisgosE;E:Et"UEt 3 uzoc,F 1-1 qq qqu: E -q o agoi 9F# d66 .j.j'j o f .5 tr o o a oo cq oooo ,4 '/_1 oo oo z 601z 3Eza o o ii iioo aa ..i.i 9 =3z o = |.\ 3: 6:e.2o3larUEX><gii*-r9_JOEH;EE!T"utE B I I{J =G, q5loo zo F o FzfoE c ioEDzoz E z4ooz ry.{.t.{.\|NN.{NNo! (h (h (h or ctr o\ o\ or or ot ch or or or or or ot or oi d oo99oooo oo9oooo ooooooqqqqqcqq qqqqcce qqqqqq oooooooo ooooooo oooooo oooooooooHHarr <t <t <t a \l !l < tl rt <l <t <l sl sl :' <r <t <t <t <t :' <tdidi;;d!Q (o @ ro rD @ (D (o \o ro ro \o rD \D ro !o (o !o @ (o (o (o (oo q! q! o o o) (h (h (h or or or or or or (h ot dl o o! ot o1 ol(o @ (D \o \o (o ro (l, @ (D \o (o (o \o \o (o @ (o rD io @ \o (o oc, !u ()9o >.9.9Er ;. , =gq E Eg sg0 e -!, E-iE E&-P.3Ei&i E-"1 ie ss EH== Eii$EiHE€ $i!E-H;" Eio55^ 0dE::E,nE 3^:83;86^ 0;g -i E E ; E t * $ s p p 6 E s ! 3 3 E E "B E E o c) qr.0 gi o.n d < ot ln (o.{ @ @ r,) <r o) o d \D (n oe q q C q'rl n n e l: 9.{ 6 r.{ in N.{ (o (D r- !^ o l,rd o i.{ rn l.\ m < @ F. o .j ci.i .i.i d.i d .i ^i,.ri r:g) r,/1 r,/1 r.,l r/} rr' ul a! H rn v) ir1 r/| r/| F\ <,r) F. m ir; irl (/} r./1 r./1o .nm<t N1/1 @6i <,1 i/I j r/| j r,1 tn oz zo .azoo oo oo999eeooooooooooooooooaoooooo9QQooooooooooooo9QOOOOOOOOOOOOOOOO<)c)c)c,c,oooooooooooooooooooooo6F N I'\ F. F\ F\ i\ F\ F. F\ I'\ I'. F. F. F. N F. F. F. F F. F Fl,)Ul (n rrrdi .'i .'i .'i ,yi .yi ,yi ,yi ni 6i di ni di di di .'i .vi .ri .vi ,yi di d .rim.n.n.n.nrn.ir|ooooooooooooooooooooooo .j.ji;.i.i.i.j'j..i..i;.;.i.i.j.i.i.i.ij'.i'i ooooooooooooooooooooooo 5: s53r EHE: 6E"s=E:EI"UEc, 3 !aI \4 GIaolrl=l Io = G @ E z zoF o FzfoE c 6 Efzoz =2 ooz o., ; E _z o 4 4 n zoz zoIFz a u] EoI ci o @- d -1 zo,! F f,oo cdoi o1 0i 01 0r d1 0r or or or ooooooooooq9 qqqqqqqq oooooooooo m.nm.n.nmd|m<t + <t <t <t <l <l sl <l <f st <t (o!o@@\oro\o@\o(D(o\oo\ o! (h or or or (D or (n or (h di(DrD\D\O(o(O(O!OrOrO(o(o a) o, >,9x E> a xP OE E g--u Zi 3 -.Uiri l!..F6,C,ij!.--F(,EBEii4= E.EqBg': !l o r E 6- E 9 : e 0JY.aixro-c=Ya-E:?;55^0;E:?€EEPbBBE9*E-Ei6(JClr!i<rqiA() @dO(hOl\O!nOr/li<ltn09q4qqqL,)\nqN@H!nc,.rrrLnl\HO(!|r./| @ @ <t tt\ <J\ .J\ llt (/} e1 @ F vlvlj =uizo oazoo 9 ooooooooooooooooooooooooooooooooooooooooooooooooF. F. I" F\ F\ F\ F\ I'\ F F. F. F.4 'r't,Jt4444u] {u_r4qrnrnmanmmm.n.n.n.nanoooooooooooo .i..i'.i.jj.jj.jj..i..i..i oooooooooooo (lt: z2oof<62OE!suE:q-r(j,j 9f;EEEzi<'u=G, ts Y I(J =4 Io z c 6 z z9F c, o FzfoE c 6 Efzoz E 2cooz n ,E o)!l\ ra r,| Ln rn o! or or or ol oooooq q qeq ooooo = zzzzzz .nm.') FS F! Fr F.ooooooo oo(Door,oq n\..!.!no:dFF-,)dOm@mr./!€(omH1t\ 1)\ 14 1,11 oooooooo ooooooooooooo 'j .j .j .i .i 'i j o oooooo '!! *<do-^ii6v> o:El\.rrJ^o> ;> xxx ONsi xxx (oi;Nsii; 3 xBS x9 itr"9qE#H .96=S T6!o gE@@ gE tz *k =cc=q6 e oq|.\l'- q z zo tz (9z = o o u] .i nor (n (h or o1 01 dr or cn@.o@@@@.o@@ ooooooooocqqecqqqq ooooooooo oi oi or dr d1 0r or o\ o1 0i stss<l<<lv<l<f<aoco@@@.o @@@co@@rocococo I*s.e;U.u,,:..if-Y-oo --.Ea:i,n;E--iUU;,;;si-9E ESS#EEEFE"aSEgEEEEg."0r6OOOg-CEO9:d(9OUUr(J(JUvl339SCSSge?ffai^]q.J!fiF ooooooooogooooooooo6 (oN(o<lONOOOl.\q4\qq\qaqnroN<tN<losrN!osll^0!nr,/|\oo(om.ni./ro<.n@<,/|{/r j j r/} v} v}!1 A oooooooooooooooooooooooooooooo .j.i;.j.;j.;j.i.i oooooooooo =zo .E zt I o z2o6l<6 =oc!rUEX><=--r-{(,-iOEEE =22<"utc, 3 IJ (J =4 F2foEEI.al=lll=l 9o = c 6E =z zoFA ot o FzloE ot @ Efzoz E zcooz n @@ @ @ coo o o ooq q 9q oooo ooooooo oooooooooooooooooat(h.{NorN d dddsi6<r <t rt <t tt <loooooo '.i ..i .i .i ..; 'joooooo !re.-eo6EZFo--;Gg: o or ll = E ig!, o !. .::E c Ee€ g rg - dr,) r .t (atI goitEoi o:60::6E ;SE;g> .93>.93 oo.roo.nq q.1 cq9L'1oF-L/)!ndF- l,| r./| H st r,/.r1)\ .l\ 6- <6 !2flze c;t- ,9,9 F ci u) ; ro El(9 j qqqqq tlttl ;;,,; rII-Ioa qD bo bD o0,E ,E ,g ,E .q9===_! loan66.D qq9.i:\ @l'\<f(oN !)\ oooooooooooooooooooo ,r_1 ,J_1 'r) '4 '.4<tsl<i(h@@@@\l<fooooo ddc;jj ooooo o (9za (9 eooooooo oooo .ii;; oooo at oo $:!: oooocccqoooo aaaa 4444 qqqq 9zo t- l 3: zzQo>z@2O.E!fiUEX><:2ii*-rO JoEcrEE:=t"ufE = :a =G, 6 = 4 6 Elz zo F o Fzfoz c !a2fzoz =z4oaz q ! N ii o ,9 o a oi oo) 9 z l zo d. o oF.o 1.. F-oo oo .9 .9 qq oo oo oo l 4o o ,9 o F k; lFl>>.!zts9>EO o oa ,Yio ..i ocioi o .i e oU -q u.l o lG z So- IO oo 6. ! E oc Fz !9 cr 9Zdu =< .; o o on qo m.n.nlYrao oooocqcq oooo 'o. r r,,-1t:"E ?*EE:PBF$,ry6g3E,TE .{ooooloqqqqn ca@d6rt01 .{ H !/t tY).{ i,.} i,.t (,} r,/1 oooooooooooooooooooooooooo:qqqo).naimrn.nrf <r <r <r !rooooo '.i.i.i.jjooooo z zotrlo z =E I or z2oOfz@20EisgE:b=Ei lzi<,U= G, 3 Y -I a4 4 o 9o = c to z zo Ats o Fz o E c @ Efzoz E zcooz 4Fip=EaoFFzzE5BEx tslE=l=l oc 9o = zIFgc(, a H=;o =? c !o E zoz E zcooz ot or ch (h or ch or o\ (h or (h (h (h o\ (h (h (h 6r o o o o o o o o o o o o o o o o o oq q c q q q c a q q q q q q q q q q oooooooooooooooooo oooooooooooooooooooooooooooooooooooooomrn.t.n.n.tm.n.no.no! oi or or or o\ or or oi o! or oi o! ot oi (h oi or 01ro @ (o (D @ \o ro \o \o (o (o (o \o (D rD @ (o (o \o@ @ @ @ @ @ @.o co @ @ co @ @ @ @ @.o @or (h or or or or (t\ or ol or or o! ol or 01 (h o! or oio o o o o o o o o o o o o o o o o o o ln F aO.n O Or <t <t.{ H (O O.{ (O aO (D d d (oo: \ n q oq q \ dl I q c q I ..t -1 .r! oq.t'1O d \O(o F\ ln <t i.n H (^ H (!r (D (D d H tn <F- N r,/1 r-r rr N r,/1 ..,J rr1 F- ..,r d v1 (o .n d .n .! ro1/} r.,} r,a i/} EEEEEgEiEEiEEgEEEE iEiEE$=EEigIiigBfE$ o 3U Eb Ed o ooooooooooooooooooooooooooooooooooooooo o o o o o o o o o o o o o o o o o oooooooooooooooooooo r^(arnr^ntlnlani .ii ni .d tri ni .'i Fi 6i d; d; ni ni .ri .ii di di .ri .ri o o o o o o o o o o o o o o o o o o o ; ..i 'j ..i ..i 'j '.i '.i .j ..i ..i ji; .i .j .i .i .i ooooooooooooooooooo ?rog=<z a ol: zzo.)f<cDEgEHEih-:63E;E:!?,UE G, = !a =d, : E d qqqqq9 oooooo @oooor^oiiiii ii ii .ii ii ii ii.9 .9 .9 .9 .9 .9oooooo) oni!nH.n@rqqqNqoN(aFr')(aNOli!ncoiut<r-.!HN{./t oooooo oooooooooooorolD@lD(DrO oi oi oi oi oi oi qqqqqq oooooo .{mrr@FmmdddHn|<t rn rn rn rn oro.{Nl".,r.{N(hoooortco ot (h ch (h oroooooo Fd o l-o oo9q I o 9;t-s e pt q|:9 oooooooooooo 4 '',_1 '',1 ooo'_.nn qiz j zo kzG Fz Bo o ooo oq o I 'e ! E o c.!p o qoo oi ol dziko o Iz a or.,loo E (9 6 E o.: o Fz oz E9ut <-H o o q e ,2o oI o zoFl o o tr (9 FFzz oE3 E>2 ad<Y all(J ulr.r a6 IE EI A2lIF:Eg REE ;'>6at\{3 agA 99c)U z!! 6 =E99 (J ,'i o< 9Z =i;o :=E ; 8= :<z c 6=e= =z2 =oat \F2 Z<< gF E hE*< =oz >Qco9o:z6>5 5: 22993EigHEi sl9jOEEEE:!e,UE 4 = Y(J - =c, t t t o o d .9p 'e.^o 9= c Ec!E;'Oi't9 nqol o. ,1 o- z_ (/i F E ozo oo ooo 'j.i.j e 'j I E ,9 oo oc z =o z3o e o''/.1oo o3N E c; (9z I .looo q oaq I 3 o .99 o ca & .l zotr o o zozz .!ooo ooqq oo at oo qn oooooo 66 .i.j F o E o = o njo iiiiij.9 .9 .9 oq90q ooooooooo ,Jl 44 oooqolq Foak d: 220Ofz6zoE!gHE} 6=E= 42,<,U= G, = YI =G, qFFzz=5>2d<!Br.l ao!=e=zFEpEE>Et =od o = = rrrde(J=<z 2oF e o urFt)2--to2= c COE zo2 =zcoo2 : ql F cto E .9 E oco !,) .i z z o on oI oo oi E co o o o e oo 4 on Ezlo G k_.ao(,(J oo E ,4 o o\ o 'j z E aI oz o ooo oq o t ,9 05 t! 09 Fz 5d@ai=e><o9U ooo o o)|.\ E u t-,9 (9 q o II z o oooo9ecq oooo --l,e!l-{s ? ge >l!E ?i* BHi-9xEE6:{ajo'^Pora{slr6PE=8fi OOOO.{ce^lqqco(n.{.na{@ F- r.rl dt rrtHrr.} ; 'r\ 'r\ ',1 '4'44 4 oooooqototqq t-o o F o 5: z2o9Bii EHE:638=Eirt"ugc = -I =ot g3<z ot ro Efzoz =2cooz P 4oooo ..i.j.i It? .9 .9 .9:at -aa ooo.!ao! 444 ozlsF k ooo 3 ,E !2 |: 4 n ooz o z B a q E c 6 -1 z zo \F.oo e 4 o-j E al |: z Eo oz! F Io |.\ o E o o o n Fz =lzo 3 e oo1 oq I B q o oo |J.1 on I B oo3i FFz2Ee 3>= aitod6 oQ eeee * c qoqo Ya400000 (JO6 3 39PR>!^ =6 2ztrl ; ;;]3 rIIIIonoloobaoa.E.Eq9q: ====z6COCO(D@9 "a o5 oJ od oaFo E E 6;E-o()cI 5 __5-:_5-:Od IJF H N O 6 69.2 \ \ co 9,o.r :, =9 G *;-a-- oooooooooooooooooooo le, or oi o, o ro = r.r oooooO=(J= d :; ..i j <Z o o o o o o E>o:EIfI22oo29 ,_r =9z J+4'o!AYz3 o!s s53rgHE:tr9r ;EEE"ugc 3 I EI =c =a .6 E d.!9 aa ;i cc.99 .9paeoo!!,, Gd 9q z P F loz l oooooo ;; oo qoi .9a a ; q o 3 o a on ,1o ea ,i.i tt=!o. ct oq9 oooooooo ',1 'J_1 oo .i.i oo CJ o 4 E ,2 E 4 o ..i o o t o |:oo E a E ,9 I d o ^t Fz Fz z9o z= !o oo 6 ,9 e u-1 o ci z F o a qzz <:!!=>o Id<5 =t h2tIFl=i *l R> otst;to q (J.i6=>Ez& l E zdo^sECAP Od QZt:;o !-a o<U= <z o c @ Ez^o<z=<; ZAzacoeo:zG oo oooqqq ooo lIt -9 .9 .9:aa -a- .9 .E .9 ooocqq ooo iJ_] 'r) ',1 ooo ;.i.i Fz 9o F F s: eE9. EEE*6=Ei EE=* OE 3 I I > oa fl ii E q qqqq oooo aaaa r.i d ui .i '/_1 '/l 4 4 nnn'1 o5 gz o = joF- F- t- F- F. t\ t\coco@@@@@<<t<t<t<l<l<t oooooooqqeqcqq ooooooo rnF-rOOOslOrr.\rH@Orslor@.{1.\oH@r'\NloF,@Om<t\ooHN.n.nrnm <t <r <t <t <t <t <t laaaaato(u(U(Uorruiu'tr'tr'tr'a'aaao(uoo(U(uor 6aoroaoaoao@ _q _g -q -g -g -g -9.9 .9 .9 .9 .9 .v .9 N ..r (h rn <l (h \o@F...J(,l.,llD!nuidui.ioioir-6mm.ro(oa,rrr'(ovlH@<,.|ir/t {/} i/r oooooooooooooooooooooooooooo 4 4u_] s) u_] 4u]rD@(o@@@(o<t<l<t<f<l<ltooooooo jj..ijj..i; ooooooo 4 F F E Ioo a = E -g q o s qFFz2>63=ur a6lE EI=lFfrp=E3" tcA Io = zot-c ozlr o 9z9e =z =s,i.oH= <z c 6 =fz ctz E zcoaz oo q o ? ,E .E F q ut ..; BEo= u.l <=zE5(JFi= I ot<t zz9O5<aozOts! EUHX. E-,!(j,-ioEEa Ezi<,U= E 3 - =G !! g cF.o q 2 ,9 ,E =B ,'t ut .; o - l (,z6 I .j a ! o EI =gzoo q .j o ..j ,9 E 'Eo o .9 o> o q =(9ooo L a ..1o droroo!nooNm<l!n<OOriF-Ln(oF.OrOmF.N oooooooo(D (h (h (h (h or or or<t<l<ltn<st!i ooooooooqqqqqqqq oooooooo IlttltlltsttsrtsEti o-o-o.o'o-do-o-oooooooo rrtOrOanF.d<t<lro@coF.\o.,,rii;ra'/i6isscicila.na{orit.{lnmr.rl .n vl r,/1 r/r <,/1 r/r r,r! oooooooooooooooooooooooooooooooo l^lnln!n6rn!nL/)dddddddui<l :'3< < < <l<roooooooo ;.j.j;..i-.i.j.j oooooooo o o Fz o ( -iool4€20eaE!{EX>Eb;*-ro_JOEE; az><el*<vd t 3 YU (, aG, ot lo =lzoz E z4ooz Io z )@g=<z zot-c4 o !22^=;oz5 : !l E ,9 g e '.i ..i F IE oc,o G, Fz lr(,0 o r:o .s2eq E \ a o ..i zf (9oz o qoFF2Z>63=5 El=lFE r..=e>a +qc Io = 2oFc OE o x=,oz=-a =Lrde9=<z ct 6El2oz E 2cooz m.nmmmn|or o! or or or or or ot 01 0i or or or oooooooooooooqqqqcc qcqcqqq oooooo ooooooo (h or or o! o! (h or ch o! or (h or (t! (h o!F\F\FrF FI'. I'\ I'. F. F\ F F. '\ F. N(o !o ro !o @ 10 \o (o 10 ro (o @ (D (o !oor o or o! o! (h o! ch (h (h ot or ctt (h (h(o @ (D !O (D @ (o (o {D \O \O \O \O (D (o o o,c .x=FP3 r, E 9"5 ,rEi.gP-i 3IE -s3 igef*;EegcE$If;EiraiE*g,urEEE*E! !o o ut rt.n ur tt (o o ai rn o H @ (Dntc4.tqqaaqol'4oq.Y4@mdrn H.{01 .n H<t rnl,. <t mro{O r,r d r.r} !l d .n ir r/} t/1 r/} r,/} t/} O @.n i/! <l H r,| <loo- j r,.l di i/l e1 ooooooooooooooo mrnrnlninlrtmooooooooooooooooooooooooooooooNN.{a{n.1 nnnnnn.!nnnnnn ooooooooooooooo d z_ z oazoo or: z2oof<aa EggH.5iE:E:rt"u=E 3 :aI IIJ =G, a N g |.\'jo c E E o.F n,9 t\; l z a o .j nF\ F\ F. .\ooooooooo oooooooooooooooooo;'j'j..i..i..i..i.i; ooooooooo <.n.\orsors!nH@F\N.n<r<toiNrtN@@@roooo@(a (! @co@ 01 01 01 ItItItttt ::.:.:.:.!.:.:.: cLo.o-cfoo.o.o.o.oooqroil/rlJoil.lG,dGGGEGG,G od oU !E oU .a .a od ol oE .q.q.9.9999.s.qooooooooo o/(u(Uruooooo, vi;;;;vi!i!i,iorooo,.: .! .: .: ,: .: .: .: .:FFFFFFFFF o!l\(oN.!\D(n0!nqnqc.!aoqq^lrnchN(hrlFrmdLnico.nmF-(h@F-(nr,/1 vl r,.| .! H or 6 r./| N<,/} v} r.,} r,} v} ooooooo60ooooooooooooooooooooooooooo 66ln(n(,r(o\o@(oiorororo@<l 3sl !ltt <f <l <r <rooooooooo ;'i.i.j'i..;'i'i'j ooooooooo !2 tr alo C5 o o o 9 .E o. oF oo on l,i 54 z = l(,Ze5z F. o di q I o6 > q oi oo) 9 o o zl e c o E j 9 E,9 c 4 o .j ; z z z2 oo l:o \ a o ; Uz k(, I zo zr a (: 2zoof<€ EggH.5iE:E:rt,U= c 3 Y =G, 1l.olEI=I=l 9o z c 6Elz zot-gG(,, o FzfoE 4 6 Efzoz E z d,ooz : Fdio o.c, = di .9 6 F od 6 oIt, o olo-F}E z= o o 6o ooo o n96 .-{ n .1 ooo EE9E9s9 3<-E cE-c9.!8 .5 ag o,g qocq a, o lFl a c n E E g so5 c .d I o o lFl ; o o = .d .c G-9E .d 6 e <coe >Y s ./) .j oo ooqq oo E i oooBa o ooo tt .9 _9 3B oo4C oooooo ddi oo ..;.i oooF. oq o I .2 oE oo Uzt ol di oo) 6: 220O=zaazo.(! -E9Hx-6iE: =z>4.,UE E = I II =d, d,)c zot-gc o FzfoE c to E zoz E z CIooz FzEIFzEt 9o = Io = 2E dE<z E 11 F E o ooooourl,trnrnrnr^ o oooooc cqqqq oooooo ooooooooooooah.nmF\orcl<rrl'\ao@Om(o @ (h ch rrr dlroao@@ororor 01 (,r (r! (D or ooooooo oooooo ooooooooooo,4 '/_1 'J_1 'r) '4 'r_1or <t rr !r co ortt@@@<lrtoooooo .; dcid '.; 'ioooooo TT?III 3 3;;;,.O:OtEEE IIEIIIooooooooo0@.g .s .s .E .g .F = ====E:rfffffaoaoaoaoaoocE ca oa oa .5 .UooEEEboboccccEE5 EE555 -? -=-=-=-:=o.o.o-o.().o_ H(OF\!^.!cl ^t dl\.!q4aOF.ca<fmifcoN@Lrrm.nN rJ1 r.,l <,/1 H (nrr} (/} v| g F loz .a (9z 2d =l oo Ioo qceq oooo 9999 oooo oooo dduid ..i.i.;..;oooo tlal I I9.9oooo .! oU oa o! ttststs oooo FI Fl - t F\ l\ 1.. l'\ ooooc c9c z zzzz(h(hoancn\o@\D\o(o(o@\o(o(o(o\DrOroro(o@(o@@ o ooooooooooooooooooo 6 Ul rrt rn Lno oi oi oi oisr tt <t <l <looooo._r .1 n .1 .1 ooooo d A gF. -.!6 gdX ;E E ;> .i, .g ir * (hI :5=r(j drEc!s HEsfi (hHHC'Ha q./?qcdrrt(hoorO (h F\ Ur OrocoddN6l- rrl i.r) r./l (/I 9 o5z =kG 9G G 5 oAzi o ot z2ooD<@208!fiUEX><:!ii638=EE=t,UE c, 3 !aI II =c, oqd,lrolEI5l=l_tBl z9F o FzloE c Efzo2 E z aaooz 9o z c @Efz ql g 6 o 6 o e l- -,2=o2<cq BU a on o oooqqq ooo ttt o. o. o. ooo 4 ,/_1 r/_1 ooo c, l'\ F. F. q qq l? 4u] .i..i 4 loIFI(, =IF I q (9 E li -E a ; o cr .!o ,F,E E -qr ! iJ .l cazo kBoi- .a(, o 4 '; -E o-E ;,9 ..i zoz5d z a o 4 .1 FFz2=5>=d<Y EIE3lzlIF3r"=e>o tcoi e 99 996 :: z YX g az Edo !"1E e?E !9P o :; 92 9 0l ;o 6 'r 85 = =<z o o 4o Elzat ,r <: E=<)zactor:ogz)>6 3: zzQo=rzozOE!SUEX><:3ii63"9; E='=t"u#e = I I =c, cN^i t': q ..i Eo _9 E ol .{. o l- z z l'- l'- u_1 4 c; ci .9 .9 9g qq - (9oFoI zozo el'- o -1 o o |.\ Q =j l q oq I a F oq oo ,,1 j zo z Fz t- I <= oo FF Ozz o';E6 e>2 :-d< ;Y dtrr @lqr 6lr =l h- =lzlI,coEp R>o dooooo ooooitoooo o iiai aoooo oooo d6e.e oooosroooo!2 99FPP = ===z t!.- >e9 =daN69moo Ed'!z EiiO (,o-EE aqeEUU9=(J o---Mraoooi O NNN; lrJF92 O o o O-fio t: P I == ".;;:';.<ui =lrl o o o o <Z o o o o F al@ =:)^zl6(,z1co99OHz;>5 d: z2octl46 =oEigHE: 6=E;E=Et,US E 3 Y(J =e : n .g oqo .9 E -6 o oqo.! o 49o .i riz u;zo l o oz !2 a eF,o .! q ..i t z Y, GIE=l=l,-lE uli "l ro (o (o \o (D (D (D (o \l) ro u) ro lo ro(h (h (h or o\ (h (,r o (, (' (, or or (r! ooooooooooooooq qc9cccqqqqqqq oooooooooooooo ooooooooooooooo ooooooooooooooooooooooooooooooooooooooooo 4 '',1 'r_1 'r_1 ,r_1 'J_1 'r') 'r') 'r_1 '4 '4 ul 'r_1 '4or o! or or (h or (D (h ot (h (h or (h or<t <t <l <t <t <t <l <l <t st st si sf so ooooooooooooo.1 nnn{.1 .1 {nnn,1 ,1 n oooooooooooooo +cr 6 = zoFcE o urFt)2tl;oz= =srOe85<z 4 6 Efzoz =zcooz d Nln.i .!ao6l(Di <t F. Fr cO (D.nlnl,)lD!DdHln<r@o(Yr(rromsisfrnlnlaro lnlitlnr,)lntntntnLnI^rnurlnrn atlaaallltla??.9 .9 .9 .g .9 .9 .9 .9 .q .q .q .q .q .qct cl o o. o o o. o cl o. o. cL cL clcl cl o o. o o o. o ct cl o. o. cL o. i ;3]3333=33;3;1'!'!EE!!!tEEEEE r TIIIIIIIIIIIIoU cg od oU oU od od od oU oE oU og oE .5 .9 .9 .9 .9 .9 .9 .9 .9 .9 .9 .9 .9 .9 .:l -9 -9-9gg!g!9gg9gg m<tOHOa{(nO<lmOsf(oF-.! ',1 n e 6,? o: i,) e oq q q \ c aFi.r,HmLnoHmoor^<r(nddFF-@i!tctmO(om(n@N d rn N rn rr1 </1 r/l r/| H r/} r/! r./l sl.J\ .,t\ 1)\ 14 r4 i./' o!o-3; =eEF a o1 zzo(]l<.o EgEH><!2di538= Lzi<"u=G, 3 9 - G, .loooo oq o El o T I o 05 t o c; FI Fl z o o a 6on E E'6 o) o d .j F oEz l ao oco 6 a ! .j lo oo oq E F co .j !o z o 3 I .j I = q o lo o o oi I o oio o d .; z_ ui 5a a ci <hOra{nlslF.l' qi l,tl'llnln1/1@@@@@@@o ooooooo ooooooxxxxxxx @@@co@@@ o ooooooo o<)oooo..,J.{OOOON(o @ooooroor(ha{arNN(n!,t r,! rn r,n rn r,) urd oi l,i ri .'i ri .'i<tttinlnlndt+ooooooon nnnnnn o oooooo oo,,rururuoo.!a .!t .!t .9 .9 -9 -!l o o .1, o .1, .lJ .lJ dqD{Eooc0co G,G,GGGddoa oU oU oU oU oI oI oooooooo. o. o. cL cr o. o. i5 i56i56i5i5 oooooorrlq q4444CF.(NF.F\F\F\O@HrO@rOrOrOv} r,} r,} (or,,} lri t I:! l 3 =:<oI(J o ot<t 2296l<6-oa1EUEX><=6-E3E; Lzi<,U= c, 3 !(J I =c, FFzzE5BEE EI6 _El=lFEvEE>o =qA c 6 =lzoz E zcooz Io = ?@g3<z 2oF a(, o x=to == !'l N g n oo oo -c, E .9 .9FF;;zz 9q o .1 .-r oo 5 ozlo (9 HE>=l< !a n 4 a Fz ot- j = q o o F oa l 4 n qF.F. 'j p !i ,6 _9 q oz o :E9 fi aa .g .E EE ppoo oid zo T, ot oI .j.j \oFFzz>63EE =l=l,-lfr *lE EIe ol'l q cr 9o = zotr o oz 9ez5 =lt9=<z 4 6 f2oz E zcooz F-F .!2 .!l -E ',ioo OFcr: oooooo,,1 4 nn oo Izq- :)z uZ e2z-<= 6: z2oof<@ Eggi6iE:4.2, e"u=G, B YI IIJ =ot l',] q F l. F F\ F. dt (' Or Or Or O O O O O @ @ .O .O @(o10(o(Dro@@@oca.\.{@@@@Nslslgororcnor!n@ao@@@ddii-trnm m ro m .n.n.n.n .n m s <i <t st <t st st <l s \roooooooooooooooooooo + <t <r st rt rt <l <t s sl s sl sr si s <l <l <l <r <t .nmmm E E EE EEEEEE EE E EEE E E EEoooooooooooo= :t = = = =.: = = = = = = = == = = = =ccccccccI f f I I I I I ll ll :)rrl l l lf @FmFm(hF\drmOr.n(Ds \,': \ o) c l: c I q o_r r: n l: q a a o? \ .lOr N N 6 rO..l N N O (o (o N N < (r) O!.{ N cO F\</r ro ..1 d (D r/' L^ N i <t <,r) rnr,/! r,/! r,/! {,.} oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo<l <r <l <f !t < <t < <l <l <l 3 <l sl n st <l <f <t <t!l) !a !/) L/]di d F: oi q ni d Fl oi +.'j ut ri oi +.yi 6 F. oi +sl rr <r :f @ <t <t < < ao <i <t <t sl @ st st <f <t @oooooooooooooooooooo .i .j i ..i ci '.i 'j 'i .i d ; ; ; ; d .j j j j c;oooooooooooooooooooo zo o o F 2f d: 220of<@zOts!sH6:638= Ezi<,U= E ts :a =t FzfoEdt6lEI=lko *q 6 z c 6 fz z9Fr o FzloE c a!Elzoz E z otooz ol,o'E=c EoF a oooooo ,r': 4 oo .jj oo }-. 3 9JE,F loz o =o2,i<= o so B: 229Ofz@ Eg,EE><3dis*E; lzi<'u=c, B Y I =c, Fz,o=tsl.6 IEIrl=lko z9F c, o Fz oE ot @ Efzoz E znooz t. l.\ F. EE fl olq -6 q|.\ qq 19E E5 OE * H"ig (Js I qc i 6ii oq eoq oooa 9a z tI3cU,:zo<E a o) FF. u] 4 .j..i }E EE d_io5E<91..8 I ? q(o- oo.E 'D cl o. ii zzo.oa oozz oocc z zo >z ?H a a od e aaa .ia.j oooo pp.q .q ee gg (olD fr55 a99-.6 ooo@4 ,.'t q oq oooooooooooo eoqoce oooo .i;.i..; z Fz qfd c c, o q! qq 3x'i or B P-E aqq ddd =99.1 nn ooo z d_ Fz ooF oz a (: zz9 * E9gH.6jE: lzi<'u=c 3 Fz Gt B Io z Elz zIl-cd o FzfoE c !o Efzoz E z otooz E E qo 4 ..i ui I3z d (9ztrzfo <p AE 3r ooo 3 gE 'Er oo qq 'oo d oo' oooo ,4 '.,_1 oo ..i.j oo q q 6 o o a ci oo ; F o r oz = a q -9E o s .,.i .j z o F. o oo oooo 4s] oon-1 oo o6 ooEE EE!_9!2 o:\ zl z o qo q o _9 E ,9 o oq oI <o, =Evz lo t\ooo 4 ; 5: eE9. EgEsgEEi Ez-<,UE EI = Fz c,.E B F2fo=G,l!olEIll=l_tkl"l tod 9o z c =lz zoF ot o FzfoE c @ Efzoz E z c,ooz a g q ,9 c 4 .j OU IL IIIdzofE!<k U} I|.\ 9e q @or^@osqoqao9l^l,)mO!..,r ba Q'9 < 9P$ o **E.iS"i :x.E<.83c!3!JO6li.l6EU6rn6 z uiI6o6 o a aeaea 6d(rjdd -1 nnnn o)<r<r<t<t<isss9or o\ (h oi o1 dt (n0r or oooooooooqqqoqqqqo ooooooooo (oro(DrorDro(o(o(o\o UU99(J(J(J()(JU o@orn(\r,tdme)o!.! .1 q4 q dl-lq qql,lln@COiNN<tCn(DOr!OO.rrnlnmmN@rr! d <t <rl 1,/r <r! r,| (/} o! r./|j ;6E-s E; r =96,!Eli b;H4EEiz €s;: irttH*E=u6r;HfaH$FIsg3sE6E3E: n$x;raHHEfui!(J<!,ro:crliE.irol^F>xrnli(, 6 o Fz ! oooooooooooooooooooooooooooooooooooooooor.{ r.{ .{ .\ (D .rrrn!nlitlnln!/t(/lr,l(n!nddddddd'dddrliltrslsr<<<<r<roooooooooo.1 nnn.1 n n nn.1 oooooooooo s: zzQof<€zOE!!gHE: 6*E=EEEI,U= c, B Fz q, c, = FFzzEBE=*04ur lou=zFzEE3" tqA 9o = zoF o x=;o =z d€85<z ao Elz ql'-o oooN .9 .9 .9 .9 oooocqqq n E oooooooooooooooo u) 'J-1 '/-1 'r_1 .i..i.i.i o Fzo F B 6 \ 9 d o oE .! ! ..i a .i z F. Eo o qq \\q = g ; !,o 6 arsjgoi QEI: oooooooooooo dddooo ooo o G ao lG .5 l- G, ooo(9 F. o ooooocqqcc ooooo d) rn .i .n .n .n+<t<t<t<lrlrt tt <t st <t <t @(n600<tnc\'44n90rHF-O!NHa{r,li!.}<lrr r,/1 sl. 99fE!E0,, e gc iEs E Xs9s€J;-iI c; I.i g;: nFD g a€ E 3 =,Epl6.* oooooooooooooooooooooooo..r ..,J o) or or .{ 6dd66d<l<t<t<tn<oooooo ;.j.jj.jj oooooo z o tr o oo 5: z2oor<@ EgEl 6g-'g; EE3" E 3 Fz c,4, 3 9o = )c ?!aIE <z zoh aI o J2i:;oIE ot @Elzoz E zcooz !:' Io F-l.Nooo ae;; oooooooooooo i,] r,1 ,r_1 .;;.; s oo !!x .Y 90'EoIE:ts t-3f; oooqq9 dz oo oFl ao ,9 i ,9 o o o .j 9 o .9 ,. a F oo ra oo .j z I ts o oqo Ij ,9; e o; zoz I I o aE |.\o .j di qq oooF- t. F. zzz ooo ooo !9!nnn 6- 6; -oOEruI'P."Hioq 9ii = o6 qr cc9 F E3I OUI FF22 @3B aiE J.a<(- Eto srl (ogr 6lE=l hzlIEp R=E ;.>atti co.o@ ooo+ e oo aooo !I P PPP >\o\o(o\o =\o '.; 9;- =io _cilo 2 _a! nxrxx 6 e ,-Ei g!449p4EY.1.Y,FlJ6!a co cDcogE I 3g,I grF92 q q I sr.r=2= =. j (^ j{,'<6 :. .z= r.r o o o o 9= '1 '1 '1 i <Z o o o o = E&OE =Pz;azzo = 9=< E;z rnc'o9o:lzzi>6 H: 2zo614.6 Egul*rgr;E:E =zi<'usc = Fz G,4 3 E zo 4 ..i ,9 E 9 o qoo z o 05 l oo oooo oo d.j EE -g -9tt -ooooo ooooooz_z oo oo oo oo .i.i o F ID oEz EFl< o o q q d': g 3 ; Eo, oxE'4Uor!il i_c oooooooo ,r_1 4 oo .jj o3Fz(9z z z; t\ I o E ! o n z ci f\, o I!l a oo Eoo di I.9 o ooo .; F F o l o E o do @_ z Ilzo B a o o !, oc o 4 .j lo (9 z\l z x F o 4 o .j G t--' oIz l ooo E E6G oq 5: 229ol<@zoE!EUEX><=6-6EEi EZEt"UEc 3 Fz &,ot 3 ac;oot\qF.F.FFzzE53E- ElE EI=lFEp=E>o ctd Io = z9F aI o H=;o =E = r.r o<9=<z ca 6Efzoz E zcooz eiFzc,c,3 F !? oo! =6 ,'l F. 4 n I Fz z l-; 9 oo E I o z q ..i o (9z6 Fooo oI3 o !l E F d ,E q o o oFL l zIo u,] .j (h >>o6=Zco20ca.( !..1 E x3Eg;E+(5- 9EEElzz<"utd, 3 Fz 4,d, ts oooodu;FzEF2Ek cl5l?l_tEl c lo E zoz z zEooz z9F c,u a t)2tf;o =? =lJ)@EE<z : -6 n,! q a o g o FuzEEto.3g{o =t-*-E -a HE3* E q :se E E r- cd r,i o:99ooo F. OF-O4 ol rr_1 r.' ui .'i .! F_l 09 F.. F. oFzc,I oF z c,G 3 F I =d IzoEF o)<t zz9ol<€ Eg'-EH><=6-538= EEET"UE4 3 ozf ao 4 I 4, =EOucC.-3iiEu5EP CL6. EI:9EOEE€l!tl3 E; He E3 1? '6; I-(JoJGI p= Ei l# .g$ :s id, l!+ sF E= g RE 9t E cts iJc I ;5E *; E figT i3 E $EE ii F E 3.8f H..'- E t;= sH ; .:tu AO o- A O = :N -^=F !s ; ;;T gT E EE6 p€ P =E* ;i 5 3si:a(J=l!# E: g sa€E Ei E *+Ei !E ; ;;qq E= 60 ttEq EO E .9.9 Ee gE E EEs.E .e& e .;^i.eH €o 9 = E o-! F or{oN CI o G!lcoao c5o .=I o o '&oc, cg t!3 c3o q, =Ef .9534 di cc !,u3csl3E(,, Fa.}u6 c:PA:o@;ocll!-oscNO.ooF€-.t E'Bl!=(! =ie d'iEP BIc,-.o)\ CoI zt! =0c o- UJo G =vl uJ 0c u,tUz z l! FE,oo- UJ E,lrlr f,th O+lllJ=E>==rt co :zIIJ^ tro=dul== ECJ !aEc.!]_-.o(!9E3E(!C;or9i-oucl>:!,o-E >Eor:!o>u iU o,{ ^1>Ebs oJYq)!!a = >E Ee 3g5e -!O:EE.,4fi q,E='E :loor 9EE-o E E6eF.C,' o, cF ol: 6= 6', l{a o c=6E E:hi!*i 5EEF.!qt >e9Eo,.:9e;O o!-OE C:5E o o= Pio €e;6! PslHbqE!'g:h:Ee€ PErguE: E e;icc oJrrt:EB r Eb E.Eiu 66->- !t:Es39d.9- E-Ei$roa_ E5 ii =s=igou:ez<;=E6F=>tr6l'i o=sE>'q l- Al-2<o!l<J&,tDd,<o.= E T o@o(too@@o@o@oao@6 ra 6 6 ra rn ra ut rn r,} rn rn qt r,lF I\ I\ T\ I\ I\ I\ F I\ F F N F I\FI\FFNFFFFFFFFF..t art aD a,l nl lrl irt aY, lll lll ri o r, arlr{ d.l .a-lca -a-lrrt it m it ri r.,l r'l dt lrt nl .r| o ai rrllo rD lo (O lo ro (o (O lo lo @ ro rO rocrocrcrocrocroooooomitrllnlr.inlrirllct cr c, ct cl ct ct c, ct c) o o c, oo60666r{ N d F d F d F -. F ?{ N r{ F d F t{ F.l F cl F.l F cl F.l Foooooooooooooooooooooooooooo.\a ta lrl !t r{ ta rrl { rrl ta rrl rl rrl rt a\. !l a{ tt N r? a{ tt N !? 6a !l N r? rnuruto€@orrr rn rt r,t 6l rrl (ra rrl NooooooooE B E $ $ S $ S3 3 3 F F F,! 6 c E E E ; "r-. "r= "t-. n' F.c.c-c-c.tL' !' L' !' r' o o o 9 9 9 9 c' c'EEEGcaaa&88888ooooooooEEErtlEEEEEEEEE.E.EE.E.E.EEEEEEEEEqqqgoEEEEEEEEEEESSsSarararoo.,oar==c,e,EEotccoc====== <t a6 rt 6 ro ar 6{ nl 6 cr o nl ct a\t66rO6otoF(orrrdF@or@i .i .i d d d { .i di'ri .l ci d iL N .l O F O ai, ^a .i N i ii Ot tro ^a ao F rr't rrt arl ru! ot 10 n i 16 0tj j .i + iul ru! rr' i 6' ra ui r.'6 ,u; ,ul ,ul d r^ {^ ,), 14 s ooocroocrooooooorn l\ dt r,| l\ dt .l I\ l^ Ol d l\ I,' l\.l .l .l .l -l -l rrl d i\l r{88888888888t88r,t r,l ra 16 1,| rn |,l ra rrt ra r,' rn r,' rn888888889889€€N Nd l\l Nr\lrtdrra aar\.Nr\1 6lo! o! o! q o! o! o! o! o! o! o! q o! o!16 rrt !n rn !,t ra rn r,l r, .a rn ra r,l .a.a ra ra rn r,i 1,| gl ra r,l !'t r,t rn r,' rnoooooooooooooo oI zGo (J ctc, E . E .ro =g=Egoii=.!z< => tr 6 .n- O=EE>\FO.E!="dEf<o3 9zocF(J : a aooo o q sz zOuc(9 id Uc|(9c oo o u-,t q c;j E 9 ,9 E Eo Fo e ci Eoo OF!2Y !2> o ci q I\o q Iooo a\oxd4 9.PB* cq o!.o. zs o 9 F ; oa (9 ooooeaooqqooooo) o) o)01 9 tso q q Uz t,. z Iz i r oqFdo o,2 E i.I e o oo lo o FFzz ^lctf>o e>- ^-d< ;F El oliHl 3= =l> f Is 2l-lFP?-v' R>as;o +q A !D@sroooo(J6o;;6;68>r rF = d< co .o ro .o oooo o!..oEo!o L-ceU(JU(JL'@,iEo:::: urF c) F.1)2 6 lD ^f di n ; <>9 S n D 3 = 1 ni r-' \r;<f6 oooo@01 H sl oooo lc, ci ci o o o< or 01 or olA= 6 ;IJJ<z Ge =^z-ogea ==zt)c'oNo=ZA .ro =s=EgoU=€z<;=EghF> tr 6 .ri o=4e>iFAl--2<osl<J4(DdD<a.= IzocFIJ I oooooooooooooo t{@@ct@@@o(t@@@o@@FFFFFFFFI\I\I\I\FI\ri r.n ao r.n dt lrl lr) art (rt art lrl ar) ai lrlrl t-a !-{ r{.,) nl art .rt dt .rt lYl rrl o rrt lrt dr ri ort !t tt ta !t !a tt rl { <a r? tt tt it a., n| art lrl trt trl rY, dt ro il o rvl ri nloooooooooooooooqtoaao@@oGoo@@@@ra un d |l,t l. un -a ut -r rn -a l.o rn c, rln c, rn o r,t o rn o d o ?{ o r{ o r{ o .,r o .r o .r o !a o .rN n| 6a .rt d o f\t irt d lrl r{ ro rr ro r{ ro rt ro (rr (o r{ ro (rr (o rrr (o rr ro GC(OFI\NNFTo(oTOO@@.{ r{ H.l .l -l c{ -l -ld6r,'r,r,lrnrr@o@l\lNNocrooooooooooo araroaroaralPtpt9t9t9Bt9cceeE9Bl!rll!l!0l!6l!0i!00l!.C .C E E E E E E E E E E Et lr(r(, (, lr 9l, IJ(JIJ(J(JccScccccccccooooEDoooooooooEEEE=EEFPEEEEE 5trf(.,Jrtrfltft !stooooEolJolJorJoorJarooo=o!roar.,orooa,d,td,d,=Eecoacoc4eot ln rO Ut -a rrl .{ nt tt nt l\l rO It tt il,Fotoro@aql:n{qqu'!u!di i .i F: oi oi .ri ui ltt ; 16 ci 16 lonl Jl O r{ nl N F tt l{ F lra @ ri -la aiass:-;a.h.^B:-3rt@r,i| ? .Lru! crcroc)oooooooooorn r,t tl rn r, ut F ot 1,l F o! rrl F ornl d H.{.1 cl -l ca88888888888888 "! '4 a '4 u! i,! u! 4 u! rr! 4 v! rr! u!ttttt888888888Nl\tNl\tl\lr\l r{ rrl .\l lra (\l (\l (\l Not ot ot gt or o! or ot or or ot ot ot otui 'ri ui rri 'ri ui t i rri rri vi .ri rri .ri .rirn rn rn r,t .a .,} 6 6 6 1ll !n r,' rn !'toooooooooooooo oI zc,o U o zrt,BogEEr c!rFX>trGdi O=EE>\FA5EE"Jd,@&,f<o,= IzocFU k ! c; o) Bo =]E UEo:) F. 6 g .l 3o (9 Zo@z<= iEz>i e e q oqd;.r; o oo o oo -9 E d* g H.o q oq ^r 3z o <-1 F]zaD @> o d dc; o) ol o) oio l'- q . o =o a .! ooooo @aocoao l\ l'\ftm.n ooooococoaa@@ o.rodOH<)dOdr\\DN(oN\O.{\D.{@ o -o^@@@@ Pfimm.ncoooo oE! :6 r(J(J(-)(Jll- O,D'DE'E ..!!:: ooooo chd oooooooooo ooooo o)o:qqol ooooo o:!gz o = aoHorn\cqn!qt\o)orco(o@H(DrOOutor@o@oo' j oi .do H r,/1 !lh rtt .i Zc,o95Uiez<i=E.^F;( > tr G ,n- O=EE>!-Fc5E="dEf<o,3 UzoeFI FFzzE53=2 ulE OlE =l3 =lFEpEE>6 *q E d =fzoz E zcooz 6 = 2fr s3<z zo aI o UJF(JZt=;oz=-= n EB (9(99(, oo f I$ zl-I.l =E pl R= El >> otEI ;lo =cg3 O d, .. = EX t- ! oooF-z oc-I ;lq nIG OF o ia; ,J2 rO rOH: di;50 9 tz2 :;<i; 8E ::ai 3 3 c @Ef2oz s4 =-z<aa'oacr!ZA Za =ig9EEEG(^F;g>tr6'n- O=EE>-Fo.5I?"d"-f<o.3 IJzo4,F(J 2 E o-E P-ag - &>-E E I.&,,89==..E, i 5E Ug Eo 9 9= n E; .5-E;!6+ 3 C> .?ci-.:9r6 -.r I.r:l\<6-F\!,6.E ,E i. ", .,8 g F>9} P !.8 P,E,E,E,E,E E ;.8 cf r! = E ! cL c cl o. o. o o.J?: cl;' s'E E E F 3 E g = E E I ;' s ;' ;o ;o ;o ;o 5 3 ;o <r o <r (o or tl o o.rt o o o or F- o <l <l ( i <l i io mc 6! 40:.r n q q e q q q q I cc n e eq I q c\o m <'.\| @ F @ la rn rn ro rn or H or c{ a{ <t <t an l,) or a{.r.{F\@ .n^l l^ <t rt H Or .{ O l'. aO O aO lt dH d, ul o < rn <t F o r'{ .{ (o r-r .{ r-r .{ r,/1 r./} r./}r/' r/! ji r/' r/| r,.' fr. </l vl r/| r/r |ri r/r v' r^ 1^ 1^ r,/i 1^.tt .lt ii k o o z l o oood.n.n.n.n.n.n<lsl !l tl s <t <t n <t <l <l <'a<l<t<t<l <l <t +<t <l <l tt(o (o (o ao ao @ ao @ ao co co @ @ co @ @ @ @ @ @ @ @ @ ooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooOOO!/1!nOtOF-OOF.OOOOOOL/!Oo o o (o (o o \o (o (o \o \o (o o o ro o o o o o o 10 0a{ 6r r'{ or or ..,r or or or (h (h cn or ot or N N N N N rn (h .rt/tlnlnrn!l\li.r!a!n<i d d ci <i c, <i <i d <i d ci ci d ci d d d d d d ci cioooooooooooooooooooooooo N o o o o o o o o o o <r o H o N i H i cro oq e q o: o: o: o) o: o: o) o) ol c c c q ol c \ o) ol o) o) ooooooooooooooooooooooo .ro =9=igoE=ez<;=E..F=> tr 6 ,ri O=EE>laF4ET="Jd,6et<o.3 IzoG E FFz2EE3=F EIz urlE =lE =lFiI"=e=o +qA ot =fzoz E zcooz 9o z ?fr gE<z 2oF a o t)2t:l =ozs-a '':',i :ot g,1o'9zocF o !l q |.\ oooo oo dc;oo oq o) oo'tr 'tr o)9 zoIo o qo ii ,9 L,i e q o o q EEElfl -o -o -o q9n c; c; c; o: 09 og =zo! q ii q 6 ci q d ooo oo oo 4 u)ts q o:n 5@!!- < ! :: c (jo \ q,;E;O oooq cc i uid = !2 ]E i9 i oo u1j 6 g o- z aF = F o ciF...i q i q 99 o) o o z l Zv-te6Ei-z< x > tr 6 .n- O=EE>\FrL-.2<oY<Jd,lodf<o'= IJzod,F(J FFzzE6k=F EIz ulE aolE EIr =lFEr"=E3" *qc c toEfzoz E zc,oaz 9o z =E8E<z zoF oz o urFt)2 ^l,oz=-a E o) ii-- c; Fo6k I .d ,9 oc d o) oa o ii .9 ol Fo5 k oq ii ci l F. oij qqq IIt p;e.o g-E 01 I9:P999E r:o4q 44!1 4 aF loz o oz o)oo a ci \ 9a .= o) .'i 4 =o zE Io 'a q ci q Foa z< =-.6g:.z<t=E.^F=>tr6.'i O=EE>:-F45E="rc,@df<o.3 !aIJ -I- d, FzzkYFzE 6l>l=l Io = g=<z zIFAc, o g,Ft)2 9Bz2 e IDElzoz =zGooz g qjo Nm<fLn(o @co6@@co .\rN.!NNCr oooo<)o ooooooooooooornrnrn.n6ro !o ro ro \o \o(h or or (h or or dddc;dciooooooooooooqqqqolo)r,li/l!/'!n!r6r/t Ln rr1 rr1 !n !noooooo 3.E .E 6.9ts cts-:,;?EEE:EE9 =go_q-9:SfsF?Bs(JE(Jiaao<a<<<t 6-d=adc(Jc)z(J(Jot^tAt).A.h< oroNooa{i4|:lt|:4ONF.NNln6rmNm.nNd r./l ^{ r,/} t./} lor,1 (9z 6olooooooooooo(o(Dao@@@(o@@@1/)(^ Ul (^rnrn oo99oooooooooooooooocqqgqc eca ql^rnl^!n!'l!'rl,|lnul !n !n !noooooooooo !nL/!Lnooior<D<t<ror or cn o oi (h (h m m .n .i s stHdHF\F, I'\ F. OOt:TNNN()(O@OOor o! o! or or ch or (n or or or o o@(oro(D(o!o!o(!,(E,(o(clF-F-..INNNNooooooooooooo< <t <l <t <t sl <r rr <t <i sl <l <l6rnr^6Ln,)lnr,'ln ooooooooooooooooooooooooooooooooooooooo9cfOOOOOOOOOOOoooooooooooooo)o)o)o)qqqqd:o:o:qq999<)OOOOOOOOOoooooooooooooo) (h <h o o! o! (h ch (h dr (n or ol!/i ui ui qi ; ; ,Ji lri ui ui ui ui uiooooooooooooo aaalloooor'oo<rrl <r I\\t.\oF..\t\oFooF.oF{F-oo.{N.{FNdc!lillooSiioSdXoooo<'<6oo<rtn<rnoooom.n;oo6;6;(D(D:lNN(o-:(o-itttii 6irn 6i 6 O(nrr\r^oo6O!^oEo; oooooooooor/)or^qqqqqcqqq99q\l^ln<lNrooLnmdor.nod(olno!nor!n.nHi\<t@rn(.)o .n o o (n ..,J @ @ @ ro H \O <..rni di .i L,i 6i ni j r/| 11\ 1J\ 1Jt 1r\rrl r/t v1 <,.1 r,.| r,/| i,/! z vi F fo =o 3oI Zq -Be6Ei--z<E=c6F=>tr6.'i o=EE>aF4l-.2<oY<JGl!df<o.B I I!J >c Io = c, @Elz 2ot- a o Fz =oE c to E zoz E zcooz q s ; -e o z p o c;o oq 9 z Elzo o o 6 F. F. 4 g F,o) 2 .-\ F. dci o) o: o z F z (9 ; I ,9 ,9 E ,'l c; 6 d F o EFlo I a e g a o o) Io zr F 2 o= F. .F ts E sF ,9 ;D; n z o To foz = o 4 q aa lttt EE g9 cq oooooooo tr 6 ."- O=EE>-F6-t--z<tr9< 6df<a.= :z!J tIJ =c, F2foEclaolEI=lko ric4 Io z c a Dz zot-cts o Fzfo c ao Efzoz E zeooz dooF F. l'\ o ooq cq o oo r2a 3 9g E EE o oo .1 qo 4 u_1 4 09 oqq !l F 2r)<= o=EU3P qo- .!2 .D g 6 qI =ciz =zo F. q q l-Fo q I E.9 I n a c; 09 9 F oI3 c1 oooo oo z zzz= === g .= 9' ) 5it u d 6: \ qr)n o ooo ooooq qqo: 9 .Uz = a OAzi ;:.9 G 4 I n ,E d-1 CJ q (9zz t o q(o-oo o ooq qc o oo lta .q .9 .gcLo-o'o. o. c!:trf ; ;;T'E!' I II e .! o) oooo ooo ooo oo ci i EU o z< =EgoU:coz<E=Srhn>trG"; o=Ee>-FOt--z<u9<rd,6atf<o.= YI =c, 4 @ zoz E zcooz Io = =ur?rog=<z 2ot- a o 92t= =o-> .U .9 .9 .E .q cU od cLa.9 .9oo oo dd o9e 5 E 6 l 3 l.<oE(J o o o)o 6 c, q ct !2 z o o c; ii,9 q o zo 3 o do-oorocnoroi lr'l.rltrtntno oooooooooq qqqql^lrlrr|rnrn(^l^(^!^t,|ooooo (^<irnoiNF.F.CO@ ooooo ITIIT .9 .g .9 .g .qO OAEEo- o- o. o. o. o ;EEf -q -9 -9 -9 -g <o@orF.4 ot .1 l:o9 o(n@6N(hrr@@<t.!d.im@.,i .i ,,r .i ./! oooooooooooooooooooo(^ CnOrOl 01 d dddciooooos<f<f<r<l@co@@codj s;ui6d ooooo :E O-3;EU6A 5E oo nFoi E E : Eo a l: = oz 6o ,E E I o -Z:o 24.rO ;s a ci z- =igou:ez<;=Enhx>tr6ri O=EE l-2<og<JG,(D a(a3 (J IIJ =G, F2loEtst6l=l=l=lko +q 9o z 4 ao Efz zoFg4 o FzfoE d 6 fzoz z tsooz no= oF g F o r: 4 q o ZHOF J=o>oo F-F .9 .9 EEoo cc Ize-)z @z <EZZ ! ci ci e 2 ;D F ,9 g F. c; q (,ooz- F 42z- 6z .(o =s=ig9EsEE6FX>trGm- o=Ee>-Fo.L-.2<oY<dEf<o,B Y II =c, a Fzfo E zoF a o ts Efzoz 2 zEooz oco oId6 e oI o- oo F =ot5->* ao<oxF.a<Yi9HYae.;as389 qo_ \o 01 d ozcI Fz cc 3 oF = oFIzod,F -r.o =g5^'6g:-z<E=grrF- > tr G .n- O=.EE 5I="dEf<o.3 z3 @ o. t EE@=,coooocLEo EPoof.=o _r-(J€ iTtUEe5i3 r!(I ;e:hYc*bl!ec:s (!J (\r <ftC^'<tcl!1,..,r .: co Z . llv q9 E3 Ita -s a/r I dz OO(u >f o roii OH d F'i^eL!P.iU 9 c : r- i,ii hE H E*c m-$ i c)df! di -' > (o vIE R= E Sg5 co- : 6 n?g r..,1 - I N+,5 S-3 { *e9 .'i I I .cPX ?E g EI!a.!.O,ylJ.'5 EE e- pi-o srg 6 b*o, st c e -€ Xg B F:E =R b ;Ee 9e; ! 5H- .e',: i E.eE PE 2 Eg5 - l! (! (JE; E= g bEP .ES Z EEE 3E ; €EF= E5 .5 €,83R 3r E €€Ea U; = ctd' -= <{ u !-{ 6l.sa sE :=< (,e F 9==53+.eEd\Jt-9ii.au6p cllcPasP Bt.gR=5:ri#: E65'=isEs.E UIGctF iAt(-NI Sn I =E]OAUseE\.- c-, r.E4 cY i_-ffi,\=l!:l Gr =Oa(=trr ==.> =C) zl! =0c dlr,l6 0cfth LlJ 0a uJ(Jz z II Fd,oa- UJE, IIII f,tn tr-l<-)coE l!OO v)@=6rffi =cJ=>=<J o IJJ =IJJo IIJt cr!6()3=!(!.969E3'"(!C;qr9b:>;'do-y>cOJ= !!>(J = -E5 eoo, 596 P >.E'6e 3 e5ev >i _o !-oO -c_oo aE o.Erl! e3,eoo E'.EE tE3 cFo>. E>. 6=o :o o i-0,, t c; EFloe >=4iio, 9€;o 4!_o.trc.ocf .E t o., Pt= -QlEo6oJ;E F taHbqE!u- 4B !EpE!gEU€: -;6* =.oc- o 6E - ;or.!oJd.9- tr_ E€ E N -cte=;= Eotre'r>86"i O;EEEIEIo-<d, G, = : E to 6-- @zZu zrD_u<)-z I @ z l: 4 (9 z r) I z E l 9 e c (, z d 4 z fz.z- U=o2 a q IF oz >= QsEE ! 19 z q d I E z l'- .n. e ,) zs o =! o ozo qo|.\(o_ 66>fo> 6o qq d+ cid u1 u) z (9 z lo IL e qd! o (9 G z q ci z o (, z FFzzE6>Ed<F EI2 Urla tolr =l3 3lFEr"EE>6 +q - O nn2 3E g Z'ooq F6 (J_-d A E; 9z;o _9 Iz= -'tx-a =E O O o<85 B H<z d 6 EP 6> =636-zqaH2-<2 =o<:!z)co!oYlzii N -cte=;=fi6hE>86"i O;EEEr=ttr-<ec. = Izo4F o)o c;ooIzocF ot- : q o I E z Ir o o I 4 d d9 (9 z s f >z oo n q (9 (9 E z o ci U,) (9 z a lo oo o o ii ,9 c c; =zot! zz56 ii>u.-<2 l.llr >l> f Is 2l-l=- IEK ;>cts; *c4 a = !29oi, 2G zcoo{trD E-6 od 9= e9d i2=-a =sr o8E : <z d 0t !o =zoz =x<Ezrot89z5 -ci6-z- tr6hF>EE"i O;EE E6Etc,c, ts IzoG,FI E c iiq q o o ci ul o z F 3 6 oo E ,p s Eo e ci ogzf 6 i> <G c; 4 oqm_ a 6 ,9 o oq F 8 d z F o a F I q I ,g 6,9 -q F oo >; .i o q I!o o5!I ; C; o Iz I e o ii ii.99 n d-] sl 4 !-19-1 Fcak FF22 n=6 E3E H/, d,l(J EI @ur alE EIzlIrSiv' RE< ;>6EB ooooooooort q ooq 3 Stsaooo (,NNAiH !Jooooo>diiiHz zzzzz ?>!, 62 z 6 sExI E =A:F @ ;-:lnc<a^^adUFUgFH +6Y+6 o <;<<!; urF o o (o a ort)2 i i @ 6 Fr -f < ui ri r ai =E 5 s::; 88833ooooooooooooorcnoi Ec ci d d o ci5g 3 3 B 3 3 r., =<Z o o o o o c6<Edf!:2"-oozz<:gr5E*<tz<.cto@o:z+>o -dQiizff5hx>8oni O;EEEfETtr-<Ee 3 :a - =t E=c oF E qqq ?la iIiIiIoJo5oS .9.g.g 9qq dctciooo 'r) ,r_1 ,r_1 o - l z o oo oec a cio (.J I F- OU ,9 e oFl 6 od - e q i ,q g o) . 4 U,) zo Fz 5> >; -ct6zi ns6hx>EE"i O;EEEr=?tr-<c,4 3 YIJ =G, ui+OF-F2=o=G,lrolrl2lIka 1qA z9F o Fz:,oE c toEfzoz E zEooz qq.i .i \ oi dcioo .i .ioo : F E oo F =Ec 46fovFia95X9 ]ae.l=EEE P oFozc,I E Fz = EoF -c f,oF9zoEF <tl\l -c,otr:cc E6hE:Uo"iO;.EE E6=t4, G, = 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. 4 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 Aon Overview Although Aon is a major leader in virtually every market it We aim to be the world's most responsive, client-focused company. This approach has brought consistently strong our firm. serves, size is not our primary goal. insurance and consulting services year-over-year growth and stability to a R6iE NORTlI AHEttCA ^r,llll Aon C.prit! & l,r3ur.rr. M.n4.mcot hfl r!< itEd lh. C.U Comp.ry hit.li,n .id C.ptitn M.n g.r ol rh. Y..r r*adr.t rh.2ol 7 C.pi,r! s€rvker Aw.dr Flt.nt d by Codire katcw nt,gari.*. f,rrrrrzun EX Ao. h.r c-ncd lhir dxd lo. brr (q|r(r^rrr ,Lr!, .non ,E(eitly n 20I7 Aon 't th. oot b.ohr ro lE $re.' rlr Gold .^.rd fto.n Pl rFrd! la, 1nq,..rl(c/tul rduto. ol lhc Y...' ir'<€ it5 rn(€plpn in 2Ol a AON $s+.zgg NYsEsvnrboi lLrEi C.rat l|rdfon (os ol ton\oty 2018) Backed by vast resources, industry knowledge and technical expertise, Aon professionals help a wide range of clients, including risk pools and educational institrrtions, develop effective risk management and workforce productivity solutions. City of Vernon I February 1, 2018 P@pnehry & Confidential Awards & Recognition aI Ao.l lnt r.€li'l! Politk l m.p Yar n nEd. Edttihl d . ln,lodbn li'ad troo &ni'r.$,aqroir. m.g.zirE. ACORD' lo. *6 rE(ognitd with !hr!c ,r.ad3 ,rcrn lco@, rha iirurr!..'.td.nlry! rL.rd.dt.id t€daoao$/ org-irrih, h(lJdrlg th. LOnD CbbJ Citiz.n A*.ld .nd dE rCOnO Aon *.! n dEd lhc 8c'l 6lob.l rn$r.n<. &or.r b,AlelF oE nEga.in . L.r !Y.r ho.srd *ith . OO I @ lF.d lro.n DC! c/o m{.zirE h. lhe h.lqrd th. Lr! Ltiq ln.ll, &i h.d 54 ml7 PoYEr &Drcn ni!.d by id 6 egdE nugrrinc 'n niJ( n in$zt(e .nd EmplqrE Mlr trioE lo.r S€nt ld Y..r rl.lrEd .i thc 8cn tanrr.rKe n+li(l in ml6I ml7- ron w.t n ri.d th€ ml5 iro.rh lri.ri:-l lneJr.n . 50,000 ColLagucr $9.+e 20l5 Annuaj Rc!enue Otnccr ln I m Prerniufi Plocements SAPflVE O . Rebil Brokerage ' Risk Ase€ssrnent ard Advbory . Captive Managemer . Afinity Programs . PrEmium Finance . Chims Advocacy and Administabon . Select Personal Lines . Treaty Reinsurdnce Brokcrage . FaqJltalive Reinarrance Brokerage . Capital Martets . Finarrchl AdYisory . Analylics and Technbal Servbes . Cbims Management . Human Capital Consultng . Employee Benefits . Execdive & Broad-Based Compensalion . Total Rewards . Employee Communications, Engag€mer & New Mrdia Solutions . Human Resource Business Process Out8ourqrE . Beneliis AdminiElration Aon's Public Sector Practice has developed solutions for many clients. ln the United States alone, we have strong, long- term relationships with all of the risk profiles shown in the graphic at left. This broad experience allows us to more fully understand the Fund's diverse exposures. We also partner with other practices to supplement our own expertise. Nationally, the practice has a network of more than 75 colleagues who serve in account management, brokerage, sales, claims, risk control, actuarial and various other areas of expertise. As the National Practice Leader, Carleen Patterson coordinates the Practice's efforts and lends over 20 years of expertise specializing exclusively on public sector. Moreover, our national group is part of a global network of public sector practices that includes Educ.tion rro'\.r't'r,.r' Cox69"r -.s'" Aqv National Public Sector Practice Shrinking budgets and staff, new regulations and increased demand for services are forcing today's risk management professionals to do more with less. ln addition, technological 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. Canada, the United Kingdom and Australia. Aon professionals in these countries share information and insight, enabling our clients to remain informed of global trends. City of Vernon I February 1, 2018 Prcprietary & Conlidential Zr--....::,, 2' 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 76 o o) e I n; aN o 6 (b *or o ao r'- (t, rrN{(o':r ':: ':: Y? *!! o sNN6.o o c.r @ ; ; ^i r; 'i't .q- (ijs'::9 !! oo o ;c);6 s"g 883 * Eg 83 tgf 13:ese;E ;E ;E ;ESO \o tio tioE5 85 E3 e3 -s3<.o E5 Se .s iiaco o6 -siiP o6 Ss -! ii o6 (o((o @ .r{)E $ (r)(OI-(O()O- ooo o - -all) - .i - ijdo.nNc{E rnx p E ess ! ; E SEEHHH-s 555 5 F 333 S : S i:E:e: aEE e =.s r'*E_ _ atE. ARg. ",S99 S $ N dr; ct\t!o@ 6 'Nc{6 ; E I RP 3 ':- r- r. dd d ; +,;O +ooo o o - ;; _ rq t{ tF-J RRR h .o OP ao@5o 5(! -lL qEr 5Sava (,)6o<ol.) F9t!^ -G i ID ! oa Fo.o(t- a6 FoE \o !e al c< \ >uJ>uJ-c.l6Rfi833 zoztr TI,J q; e.* o <>rJ><= =<tiEzo2; E?9gHHa+ iEz*=, 59SEFgE=Jrl>E3e==5H I ooooooc{ O.L(!(I(!(! :5a:( rooAT&9r-6ooz? fa*ng FHH H!zz'.oor:zzFE.Ee 3y I\zJ <+ Z@ dtr -; -o z trB o = 9 FisfiEEEsgfi:HgE6566x= E6P 6trfr=E= r,=? =ooooJ oo> o ooooo(!(!r!o-o_€ !!5E F 5o(! u- SEOF FqJo_E_c > o o 00 cl ?rest U\ !.= -JS -* \t -s se tr(.) aa f) s\)os S s c.)o { q\) t\ b \ \) \ \ \o$n( 0o { \J t\zra\sFr n( Ntrlat \)o \zo Rn< s zozE UJ > =.= o- T t ; 6Y I lt d ,it9'Ec Is(t d9 td .=o l(.) E3 lao E3 !.1 *eo9 &osr(' sr)-'ir, -'b)tio {6 <d qd b :3 o6 IB -s3<P o6 IR.i3 o6 .s3 o6 Ei\:3 o6 s3sEssEEEE d'E _ t'g t*g s'*B r'*g _$i oo45z_!s9F:(I iio F& 'oEo\ !a6 o\ qa zr?.g-=9=_f?o ru =g o -;* ,i::t ,P IP E'BH PE qE a ( =: ?3 6r G aaE* fr!P IIp 3s !oEEfi =EB g3B Ea EEAEESfrYO02- =()(Jrl(Jd'"HgB$e;s [c [c xe 5d6tr Fo c(o\ oaa al >ooO-; IJ,Jiitr ooIu "-E(E o€oel Io LI,J Oo> \sist \)\ !.s 9=i-\q(: s: q a \.) QA Ca\ l(\)os S () { s Caq) ;\Fr b \ \\)$t? \S$F( s { \) t\uN\Rt\ F< Ntrla Fl\) {o \eo RE s zozGul >t o q, q t ; 6i 6d d.id q! o g? o tB -s3<@=ii o6 tssija@ o6 -i3 o6 :ii o6 EE (.) .D @O!t F r$ ('o ; oiN ,;o 'rl (o.\l .i.3e3 .Fe P .=.9 5 .=oE\o \o \c) ao'!!.) ilf) !d: l-;E ;E IE IE\io So \ao toE5 E3 E5 E5 .to -t\ r< ci .?o E5 -s3 o6 \ E o <o c.r -F Yl = I = I = :-::9 = ,l? = NE* Ee $: SEEt E E S E ^tE* ^'E* aRE EE* = * *tE* = *'8. *E E EIE E3 EE zoez EE *c m- o2petreqJ ao EH !,tl r t! Ltrir Eir ir,oa E "-o G aaGl.)r,)ii!l ('l rr!o€)ct€€ca ===aa er F! ! q ! \ a t1 SF3EzBe6 =: 9 s =H 3H EF iFu- E=*- fiu'z < * oi ,do u Y =E r,E r: < Eg Eug EE ; Hi AE: =ie ;i,g =*rp E?' *" ia*?fr *?, HEB ==fif e$fi$ dHt$6 P 3 e"Aa 6a pa = s t o=tr =E -E = rJJ rJJ <fl lf fi=o z r =oo OO =6{)oso).!s E E g E i EEs I ee I ee &tro<iio Fo,aE e @oN c!dNEe- s I 3 ei\&tro<>Fiio F(! .oE !a6 cl Q i., F(! a,E QaoN !Us+Ui !.s SJ=l-s<U -*sx l\l) * a s e aa tL{ zozEIIJ =.= 6s\Jos S qs() { \ q\) ;\t\ b \\)s F? \ $n( s { _rs\J t\z tIJ\s!\ F< NklaI \)o \eoeq s o e s a 9 t: sa o) o.:: 9 q'!'is Ns(r) E5 '3o !<o steiiia@ o6 N()cio; u.Jo(I oos-E -(,ci>; LIJ cor ct- co al oUJF F T_EO-t/,dia>E >t t Ft.-la rt)!!l .? l.rco66 al a{ Egnii<co !tr\)o ..) @S E e ! s6o S 5 S ;i-F E N E NNEETt6 aod9 E9_ _$9F-@ll&& N!=I9ztz IX o I! lrJ :- uJ c\l6s' >" R9 >Pz E i-- jEUZ@gaQu,.iZV- < A z_ill ; <-u g66 E d; =El E z;33s rs gSxr i:ES6 H6 3$Efi I3-L LU uJ r r! u-..r qq < uj9 s g' 0q E f N e.f f +6 =o o >N oEQ.O(')I "" + I $ ee I e6 > d > ; >> in > -(\t6tN ,-ass !.= !sde -i -at\ L.) *a ! a .! AQ l\{ ar\ x o { S B(,) { Bq\) ;,iF{ \) \ \q) !\ t\ \S$r( $ { \ -\3\J t\zre\ F F< NHaI {o \toeq s zozg. IJJ s o o{ s ; CJ l- 92q!t- s? t-- F- F-!o c? fl 999 ('! !! 99 (oN92:o, t-sa.3o 'r) r., at (t r;9 <d 'ko \\ to '3o \\ to sl@ ++<.t (.).lBSBfsB ll(' S(od9 ;eso rao86 E5 -roo, (, o) o)oo (o tl o,t F: lPl : q? : = +qri = i = -iriqP 9?S ! E I S $s* E S E BB:E s;E E 3 3 ^s eeg S : E sppEo EoSE * a"g ." e {"8 - a"E EUE roo rn) ri\ 6i; + or (.) (, + 6i ..i ri d .bo cro 6 q o tt tl qa0d=*q^u<v9u;d=,dEo)uzOruJ oooooo c ! \ Sr -s3<@ o6 ts.s3aco E5 =$-i3 o6 st$ -s3 o6 6- :ii !-.Y -<o(I ao;<O(! -E r { @ N o:iror( r E€ !6 zAA:" = F*s -ffHs Eet; Ea ;o6i<sE,$$EE5 r Rt 3 A ;ErEtEH*EEfifSEfiE- 3HN= =N-3:Ur=> >urY l2E F-.lE< <JE trEr] E;85 5;e gE= =Ego.osi Bss X ece H Ess E c Eocr6; oo-ruol! FooE \o! 6 al eir F(! et\o a (E N ;uJOlr oTIJ FEt! -) E o\ o aoc{ ss \)\ !.= !-rvs<c -: a s a :. :. AQ U\sIo { '= s S { \ qq) ;\!\ 5 \ \$ \t\' L $n( s { ,lr\,) E\etr)\Rl\ F< Nt{aI {o zokq s zozd. UJ .! .a o EIt s i o -s3 o6 -i3 o6 <N -i3 !tr\)o te -s3 B5 >oiid oo ;ooo;uro(! sx qci N (0O(\|(0(' ra, \r ro FI $fft?EH: fee e: P EHaB aB isE6 E3 e5 EE sHEE sE sEEt E5:! Eo E* r'g " *ts' t'E r'*gs 5 L'r,_&E -Epit.)\O \E' =!rt, r.r 66ooal ar 9o \o a al i@!tt'i{ d .iiotrFI-N oEH EsHoA F FE>-z=us69 ei ) i I EsE=*EEgEssIs E (JEtr Q d d,H C-'Bg B T3^P_3:3 eo $ 888co { e s IF > 6j >>>> : > l; > c!n FI! =E!: oa(D c{ s!st !.s vsqG ..r:t\ LJ * a s It aa zozt UJ t a.lsIos S s { \ S laq) ;\!\ b \q) * !\ \ $n( s { \ -B\) F\zl\)\sF(q Nklat {oq uo Rtr s o o) a- fi t ; q? i'; ra) (o og?{?9t- - ao9Y?9tB Rr&l(rt rr;9 a6 9 9 .=o I(") E5 !r riSo €-s rar !6-s3 .=3a6 z.o!otsE B5 (0- !3 ! PSP S FEo Ro{9 d9':: q, !?o --g? Y? 92@ -FF C\I (\I zozZ2e E r=; >i 'R<t Y<dlf3 o < oo-?!= 2 d.=i9 N S <NEX LIJ u, () ul ',r;6 o (, ,,io-z =zi< =<uz Yz>E EE<u,J :) rU II OIO . O : 66a)i. (! = onn .'o <Fcod co(/)Rb RY+9 +tr6d- t_! ;dOF CLo ir- -ir:o E o) tr 5 altr I = s€ 9\ !.s.=>9sEFqu =t-ci _c * a € - \) QA .scl\{ zozEut >\ la\ s\)os S B a { q\) ;\t\ b \ q) *Ie \S $ n< s { _qs\J F\zH\RHq Nr{a B \)o \eoetr s o u, I ;; 9 (b I6q!s 6 -, ,ii I.3o (o l(' ";9E5 .=o :(.,t;I Q'5 o'v odj cr{:9 e(").iS33 'lc 38 .Es I(' l(o s(';9 d9 ;e\io \io {oqd td qd '!o \\ to -i3 o6 stB -r ii o6 nii o6 -r ii<@riia.o o6 qro- 9 = I = |? :: = a = cr - ct+l (, S r 5 ,o o S N S r- = 6i ,;: (r) : r : o c.r : c4 : 6 : 'fi roE 6 s ; ! (b di -a - -\ r.i $ o,oE o E o E 6 6 t - E ; L --A,B- AEg - A'C*^. SRE- SRg ARE.-q?9c) a (bciF. : -;f? : p99 q? <3.!r (, lo.0.0 ; id ido o ooo o(!F FuJa!(! oE E -GF6FF!!ooli r.t(D aaocNat ts:5 o6 AoYtl Q::2o 1= EB 9 =pxr B o ? nE=EF !',= 86.'s fr =g ftI'3 3g 9 i 9 i-n as? g i Fg it 8gH ; ? h" gt ipi. qnte *Eas XHE pfia sH:ro d,n ,i < ry E 9*3 i6 5 = i 8 5=f ?t I trJ < ur u.J <J (.) E > E Z<): e * ee S eee g e ; e E EE ooor ;<-o Fo- -t\cl'-! 6 Pr Fo-.^E t- 6 Fo- =Et'-!a 6 oOil rLl;> Fo_d F a aa av;o >rrjdn ss \.)\ !.s gE{e .id \ |\l ,s a l) \\ ,Is zozE UJ c \ 4s\)os s S { \ saq) ;\Fr b \ \)!\ !\ La$ n< $ { ,S\.) t\zr{\st\ n< Nt{aI { \tS RE s t\ s o a- { ; oc(bI.d I 9 s I S rY, E6 9 .3oi l(.) qci \LtB ts-s8 -s8<@ ?@ lro !o8E 88 !l aoo = {? = (! tl?E 9 S 8PE E S PPltEso aod9 Eg(o@(t!l ci (.i oi5: : z$Ooizs(NtU-->61/)J -94 2 u,tt 5oc!:'6 tr 9N rJJ Oo N LJJ :' O LIJF > 2E i :z o.k do .i= dA +t6 >S 2=2 ^n xa ^ !l<llu v<dv?6s EeUs As;=;:5 Y3r: 5R3P> f0 *E3 >ts ULrJ < <L! LIJz> t)z Ei ee I "e ! eN >> ,- >> ; > oooLiJ!\ N NFOR d< do33 36 39 O[hPE _ tr tO\oF6rt! rn.n €6 aa aa ;r S f{st !.s !E<U .t .E * a!.a I R aa iin bs\.)os S s CJS { \ Ba\) 3\Fr b \ a) :\ 13 \ $ F< s { \ G t\zlN\Rt\E Nl{a F\) \)oq eoeE s zozd. u,.l .a o o) o- _Il ti q! !! T1 L.\ritttitt3 t; ts tEs8 i8 .i8 .i8-@ -ro -@ z@ !c, !o !.o !o88 8B 88 8E - I - 3 - = - R5S $ ! E E r E s$E 3 E 8 E P E CPEo Eo Eo Rodg ds dg dsi- (O@ <D Ol i-N Frt (', (\l at,id rb di 'ii dd ac, (, (, o ct('dd oi ot ,id 'rd lb6 OO - UO $, oEz\IJJ <clJ LTI JiN "c --,uJ<o> ooo.o zozE UJ jo9Fz 5F oFo?r<oY6l- U, i.; I TIJ 2FS 2quJiOll<uJ(!<i<ootEUJ TIJoo ooo.c zozd.IIJ i zoal 5at) =t!o-!o < i'i EI.3o! .;9 f5 9q? lr)(oo;oc)r Nq'! !..ko €oR l.t I(., .,i,, ii6 ri6 Ed qo 9 o, .3o s.o qO e6 sd(oEQ'- zozt UJ j s,, oof 5 FT O -r!; 2UB ^-3t, Eini<u,oc.tT! IIJlooI ^^ii (!(!oi >> 5{€E @ql ,iizoo2>.E E2>gt q,.d 1!<>Fitt Zo<< 4,) ddi(/) ? EH * ot UJo o)s8.5>o HoE<;oolr- ozFo-d ,_& 5 5 tpooG 6t Fo- "rt@o aoN F(I a,Eaoa @ F(I(/) .,8 ) ail6 € s! B q ! \\ E. a =q r{ s s a is 'l- \\is+ \)\ l.s'sE!s.i€ -*N€ \.3a Ee = aa ,\! zozd, !,1 Et.3 I l^ sIJos i o S{ \ a.)q) ;EFr 5 \ a)$t\' L $r( s { U t\el{\Rl\ F( Nt{aI {o \eo Rq s o ot q Q q! 9^i!,1 o, eDlQ a! r-^t-(D@ @- o ra, ro { Fo-rar(,6.j :+i (.i .idiNl;6i ; ^r NN(\ !t ..i+ooai NIge lsees Eg * tg:pp:: tgiAE AB TB Ig TgE6 E6 Q6 E3 E6 -rt ii<.o s E(o -t ii; XR o6 tB -=3 o6 -s3 o6 t5<@ o6 s ao(rrF @s (oo)F-(\- oDi I E :!|| = *t : EiiYr q? = iis € s R8R E se E ae$6$ E sE 3 E 888 E ss *s PPPee E :Eo Bo Ro Ro !'E'E* {-9' E'8, aoB* _ r {"8.r.)6NNd)_g r eii R€c,ididti,+or 6 ."r E Fa! €oN t \ s) 4.7 o EI 3 e u, rJJ 2= nJ z 2 - ,_F _FFs EgE 6fEfiHH E;E6 6 > * e>Fz z . 8g ??fitr EEs g A E; IuEt t 5 6q azo.tr r d -6; US E;fiI;gEEEfiEPE;ff;=HgaQ 6t:" &2 EppEE i= =tr?o oo= SA ".,EBeg aJco.o(od)il e E eea $ aa H eeeee E e S Fo-_E o\o 6 ar a,o -tYc6ca 6oN :obd;uJ6aL Fo-oEaa!a6 at i6;<ol! Fo-d.r- € s{ 9\ !.=.aI!=!ira .s s* *a r,- t. AQ tn L\ s\)os S o { ba) H 5 \ a) Rt\' L \\)n( s { \ l) F\elIJ\Rl\n( Nt{aI { \uo Rtr s zozEIIJ o, o- ; Q di fcRio qd s(o -=8 o6 =S)YrttciEN aod9 99 dci B Sci z9 ss Es,, t =6aai9 oPu E Eg Ez,d,uJ s oo:- o. o-ci >> -g EE IHE EhHI' EEIrN -4ss \.) \ !.s'!s!sr<c sF a. \ € sa:\) FF QA zozEul .! \ 6 s\)o ,si s { sqq) ;\t\ b \ q)s FE :. os F< s { G F\etr)\Rl\q Nlrla F]\) \)o \zoeq s o o q- e a I l- t-+ s a,rj!! .3o \\ qci o)N+':: f? c!FisaOa, ro \tfcP tcs ts e ts-.r tt cr sd, t(',.;9 dg ;12 ;C\io \io {o ii irE5 E5 E6 E5 '=o qo =n-i3 o6 SNi3 o6 st!P -SB o6 ts -s3a@ 8B I5aco o6 EE E; E$ E Eft EE E*E_5 E B E e E == E c E e AE - SB. A"g - E"E - AUE - ABs999eOFNOll)lr,l6tF.o58BPe ca -E r {\oo\! oco N \IR -i3 9etrs>';;-z60FE EH qEEqi/, oi'2d (!<ds 1u2a Z?-:o u2ds 13: Efie =fr ;Pg E$EfrlnHSA 3 r' RR ; e * e @.o\too(!O zNdEo-oLrl (J^a aE ;= ?S1 Ui tr:- Lr.rzz>lQ ,.2 .r 6i *: 2@ .os q0 P0 ;'. 3<D in aE i4 eE rE > )d o zdQu I ftu i < r.,.r < ou-P > tx 2 ro E 2$Ri 3H-< 5+r $ozztZ9662<zl>r!O -J@9^S^!!^S.e_."8E8Eerr>6>o>n,oo eE Fo- =EFo\o € cl EK Fo-otFo\!a (! -.YOFa<olL Rc EB Fo a.t E c\! aa e& F(!t o\! oa al Q+ F(! a-ENo\!eaoN SUs* !\ !.s as{e s\t\U \ s€ t \) aa ,\! zoze.u, t.= la\ s\.)o { S ti S { \ a\) ;\T\ |\J \ \\) * F{ \S$q s { G t\z F{\st\q Nkla tr)U {oq eo RE s !!ii qt q ; 9 LLtr aitr tP-s3 i3u- *,;i;f;9 ?,fr60 ==z 6:z =r 4Ei o dEE 6?k s gso_u oBgd s6=8 *(o roil eeR S I :: o6(\INa;Qo Qqoo) oi -6(,+ 9.1? a(7,(oo -r3t R I tSRi! (., s.td9 ;2\ao {oE5 E3 o(o -) r 6o\ a el ss 9\ !.s 9=vt{€ s: i\ ljl \ a €tt \) aa ;i -i zoztrt! \ v\ s\)os S o { Baa) ;\t\ 5 \q) * H' !. sn( s { \s\) F\ztr)\Rt\ F( NklaI \)oqtS RE s -F h co6oa ao o o) a- I h i s Io .i 9 I s o) (o or(')(9 tr, NOr- ot l;r-ra) (.) oFtc P tB R fs rFl! ro l(9 so\F- \F- \ |!--r;P dg dPse Eo \.ioe6 E5 E6 Nq?-lloP l(', qd .*o i .') |<d t \ :ii ts5 i3 o6 tB-i3 od s =Nrija@ o6 EN -= ii<@ @ @ F-{l @(, @@@se S E EEE E*H Eg*E5E* *=B** *tE** aEg * *'*E B3 R3 RR E gB PP 9s R R ? c tl -F E o oaa N EEoai(tN - 6 d ,b'o=6EF i=H EHa g$- EF.e? 5k Eg t ?Lu 4= i-'IL <> ad ? H =eB Eta9 iE* * B= , *:E,fr 3E Efi !g cEfio@(.r@(oI c g ee g EE g ee $ ccs Qs -E & o € 6t F"E8;t!oo NCQ3 iio Ft! -Ea otra cl rl F(!E t!-i o to\ aoo\on ra) rtl iv)o6@€ etN ss \)\ :.s JSF<d -s:xl\l) .=a € e cU AQ \\ zozd.ut t.3 ar1 s\)os S { saU ;\Fr \\)s Fr \ $ n< s { \ U t\z lIJ\sFr F< Nr{a Fl\) \)o \eoetr s o 0- q ; a ,J,) !! @ ,b!!...] lJttB ts-s3 .i3<.o z@!o.:(\r ,\Noo 06 :\t=-.s9 E&qo Qoa> a> zozd,ut jq) P irPdzl-o9zoE-ul\ -63(.:lF-9o 2oul 5dg6 k6 - UJ g) u.tllogEEoo $R9Rii>a,j>F(r o\'ii0 6BE uo= E= -'i-(.)N<tz<q,ooszor\EJ\l! i xuJ uid * ET E fi85:F;cEEs9< 62eo- Foo =R=6 2 .3o lo e5 s(r)>b qd (oi ri -iY2 Y?'fB 5 5 tBa(r s('),'o -'i,\io s6E5 ES bo;r!O(L EO-o;ul F9 F(L; d 6*aEro rn rtl l') €6 al al o tr,ttl')>a ! ao at Fo- -E6 6 .=3 o6 .s3a@ o6 (o@ +O.icr4d>;o- o ot!S u.J Sl:ot- o<.s< =Qr):J (r (J 6NO : oolo : ;E 88a -s 3Elillo s.6d9 o." dg_ ri ci Foo oci; 'boo o oooo-o-(!o9o6 F 59 ;d ;0.--(!> s€ \.) \ \.s Qs9!<G .\:l\UI .Ea s l) QA t. z zE UJ t L\ :(\)o { o Buo { \ 4\) ;\Fr \) \ \\) * Fr \ $a( s { \) t\e r{J\Rl\ F( Nr{ra !N\) {o \eo Rn( s o o a- s b c{9ii @ oid9{2 #,; tl tr qi tr trt'b tB Eg tB t;-i8 -s8 -i8 -s8 -s8-@ z(o z(o z6 a@ =o =o8B 8B 88 88 88 NO.'t- @ @ rO (O r.- = l9q!9 = 9 = : = {?9E E:ee E s ! s E t: ! Rt 6 ..i d.i.'i t ct t (t.j t (id rii -t 6iE oooo E - E - E FF E F!raaEEa"g E"g E"g a"E d"E(O@@O -@ .t @ Y? {? Y? Y? CY? {? .:qP99P :F 3 bai(.jd,t+ ci ct ;.i 6oooo 9F Pz;ts 9gE!\-rlJ'6> dZIIJ :> z*,5 ctrO Qtr g> Eq, i tL- =uJ !!- E R5 EE 5ro Y tiJ <O t!.o utf LL(' ff N Noz z= trJ ul!!Jds s ;1 0- o- ;i r!,b >> ad > (id l?o I *co :(, l(' -'itiao \i6<d qo l(.) td N@Oq99ra) (o &o i x €od\o so -llo lr, \io ti6E6 E5 Eb:9 iio : (-) ;< ILoir a-O E \e o !o ct i!: -E F e6 al ,6d I Et- -ze9 E>Fz=eh 1u --3s 6 dj o 5 o-oci> 5 IC oI: ciz-oZ to>ff I'E i IIJILt-oI!j6 :.fiq i.SH B9@N lfokon5=ur<>o I oo: o(Lo >> IE F(L ,OE coaoN - >F.UN5 i-Ro'2zi'0tt! jE@6eogtH +-,; =- Zr)UJIE =E ?*=q;5<-ilfi56?-)zr.=>ooo : OOOO3 ccola >>>> 5 S =() F(!,aEaaIoa N lr- =t!od a< ! \\ tra a ! V) o a \) S 'E- s !,rs+-!\9\ \a E a \'s ESqG -*s:NG \.3a * t aa ,\!t\\ t\ s\)o * S BuS { \ a\) ;\t\ b \ q)s Fl L $ n< $ { \ ,qS\) t\elI)\Rt\ F< dkIa lrl\J {o \eo Rtr s zozE UJ t.t H o o) 0. q ; sq2et-- f t- I 6 f- c,.J q! F- (.J .=o qo l 9'isR E6 .3o qci .3o l(o E5 .3o =(., E5 of€o!I(' ECJ \ =q o trr I itr -s3 B5 Egi EF lE !-E lEi IEHSE sS E P E s S P E R* F rx*{Eg {=8. {Eg AEE 5g_ ,- {EE_. : ,f, o e, (.): EP 3PP ER NR -c !Q -rU<.o o6 tx.s3a(o 8B -sH o6 Sa SH 8B -+ 9! -r iia.o o6 s3 Eg 5C.J Y.io;<o(l. lr)L -r E .-E E(.)$N F]Ila) t,l lr) rn€€ooat ct 3&.iz;oooAi=Z,ioz2? !2 E ; z OdzurdzEr: $s Bau m EHH ,E==,* i E =E 2 r- 1EsH E; y4 $ * {;E> E# z*, p S g[ ii E _{ a E iaso = j g H f;gSfr 5 ,, o r .'o€.ortoor<) E ss E E g s $ c g ee n cce OF-< 8E Fd V'G alo o6 t\ Fo ,r, E alU)ca co a,l $altr FIL qG Noaa at t-o- aaG N € N sd U\ !.s>:'iE YSqG -s:: a * st \) :. :. AQ q\ zoztllt .! fa\ :(\Jos 3 S S { \ tiq \J ;\F{ \ \t) \ F.r' \o $q $ { \ c t\el{\trt\r( NI{a H\) \)S S sq o O) I te 9 q? s 6 o,q? Y s o(r,@-astt@ -o-S ,;r -t c.i t i.jIrE-E-!srBao a6 Qo49. d9 E9I c (\@@l.E e e fr ec-t .i .o .o5ltt 5r. 5st s4 s (Y' Y (.'+ (.,Fo(Jotloo) (tlI ooo I oo:6 IL(LO- 6 (!(! 66 F6O5(J 5{! !r. (! =< s6oF ot FaF o.(/,o l ,,1 { E o@cca{ rnln ia!aaa Nal \\raP qo .ko \\ <o Nlr)Ns9Y?(t) g, Nc?q?9ts8 3 tB=llo t6d9 d9\io \ioE5 E6 s! o6 bt3 -s3<9 E5 tE-i3 o6 ; cn Y?9 I l- z9uu',a5K j c)F9EFooo _ur IS9z<d<a3(aq,6 2=r!O uJ J t!@ ui ulzi_< S";@t!z zlo o Yt (!z F trr,zlI Fq, o o dI aetood zozr! s =>ursRzoztoP z;. 56 e -d) IJJ ?>!.5 +<5F =3-zOYd=uJ =)oo E6t-i3<6 o6 = :trs t +ii+E OOOBQO AS ci (.i ++ zozt UJ > uJrrJ> u-r I-oE oq) oz{E ? u6.g <trdZTL4>Edlll uJ rGT= F(! atEaal ca Fo-qtt- a :i!,oE E\ceita (o c Q q 'I \ c. a O1 o s! a t Ia 5 t!q \ r,;st !.s 'R tiisiE .t .- * a!s z I AQ {dii{ zoz, G,IIJ .t \ v\ x s G' us { \ hq) t\ b \ \)!\ t\ \ $n( s { IJ F\e ta\Rl\q Nt{atilU {o \eokq s o o| o- I ; o9 I N 99 q! q!d.dq! !! cs?9 ^i .i ^i @O F@ F!? I Yt Y? ,::!l (.r (, o)!'O NO NtB sI tB PP tsR -&B-lq, I.r lr(o t6d9 d9 ;e ;eso \io {o {bE5 e6 86 E5 Sq -sd s so -s3aco od *! -:d o5 -i3 o6 -id o6 Sl- NrOn(O ()Ft- (ooo O= NN rrtt! r F.('.9 - (.64 - 6E $; BEBB E ReR E sag E S !E =: :S:: E s99 E lpF F R S t'g 6,,. d' F c'.7, aEg- - - aRE_ _ _ A'-g. {REO)lr)(DFO(7)I9:{?:-:: Q!:; ('ata dery{eiE r-6F. n.i c.i cjr.,rorol.)(.)ll) N-(,:::=:: 999 spl R Fo.,NEa 6oal .ko tci zozt IJJ t1(aou =>@o2699t> =p5s NEn6:;a -nqB?3 B ii_,=9?x9 EBEE=EE<uJgr!zu.Jq)>(J>otrJl!tr,J 8888RR8 zozE,uJ rF u.l zozEtIJ) >urrur (R; IIJ :.Fn -() o -luEz>+-u EE9s= jgE hE r*6<YSc5C,4trooU-lgZ(.)>t/J j.r OOox o- o- o-r >>> q s- F(L o.EF o a al z9ad.Y i zoztut =it ".qor d;H 8 NoN ;iOiioci> 6d:Fxaic EB z zE =2uJe $E;j @ 26z (lI s-oi z=-o uJ j=2 3?a-'lJJo-u)<<<oo4trE()ul,Jzoout oooo-o.(!q?t-q? S..) Fo.a-E€ 6 N d.t 6 Fo_a ar, E )F o@ al nr s <i(.) r-B(!O -t tL a ooa N ss \)\ IEiEqG -*NS .aa € z aa .\!l\{ zozd.t! .! .t s 6 s\.)o { (J S { q \J Fi b \ \ \) * N F $ n< s { \ a\ \e hJ\RH n< NklaI {oq zoeq s o) 0- ;; o, oi o) (.t d .,j ':: 91 c-{ i {'!,1) ci ; .id9C! 9 .3o l(, €6 t8-i3 o6 = ! !qoat 9f! 99 Pg' 6ryaz<)z;(/)<t-ooffsn !1 NZ8R6 oooo-o-o- zozd.tIJ ia{oul.J d)oZ@t! !) ^< or t-q? al q 5q;s* 9\ !.=.:i tai€ -qi -n a s \) AQ b $ '.\os c) { sq aJ t\ b \ \ \,) * t\ ts $ n< s { \.li$ F\e KJ\RH n( Nt\)aI { q eokq s zozE UJ E I o o o a- E s @F 6dd+oisq?lq2€oP &o * &oNs6- li6 - (6-l(o I(, l(' dP dP ,4?t{O \O tao*o qo q6 (oi otFc)NC{++ r+iif{ {! !! !,9 !!ts33 333 tc11.., l.o -' atso sdQ5 E6 * c.r -!d o5 S dcic; BPa> 6l- d $q$ Y2 't! 'l? 9 E E AO a> -tdZ@ EE F-OY?::IF--d,o=sF-Si-oEo !ao E9 *o -rd<@ B5 9'. q ::q! tB-i3a@ o6 = E aoat !b -:3a.o o6 t F (o ra) F- cr, s FFd)rdro: l.)()ro'rr()()S ci ci d.i.i.iE OoOOOO EO AS F(! ,oEo\ o 6 .l ^E *a o6oel F- l.- +.i,ii:q!:: q?: ,bo P!R I t( -.roi,= =aEE#X!I IJJ trJ-n2 Etr=oTl,/) oooo.ILo zoze.tIJ U;IIJJt IoFz g, zrQfre6>g IJJ I i.j (! s- (\l ra) !l(t (\JoN Nr-s Y?to ooo oo Z r.- ct)oooZrr FCt!tUr ci ci>ooj 3 =fr5U63tr t,'6 t! oo)Zfi5 Hdgfr; == a=8ft?iir <tq5cEfrS9Hn !. 'i E i.fr888?IONG(at-I oooooo+ o-o.IL(Io(! 5 =& ttF-z=tr;F =HE E HB8vzt,6 (,uJ0 ,.,I 5az.-c. -i au <69 o (^= = iZ HfiE;=;Eu=*c = az azoH E2 EzE3 =a gaffi N@OE e E ee E eeeN > N >> ai >>>oo d;-d= I 6 N FrD5 Ftt -d c 6oaa o >Fiio Fo- a,Eo o6 art b\ s bP=ri\.) \ !s .:E !sq(: s! t\ !) a. a .at () aa .\!q{ z,ozG,ul E 6 s\.)os s S { \ B Caq) H |\J \ \)R !\ \S$n( s { -s\) t\z FTI\RN n< Nt{a rNU \) \zSe F< s o u, 0- .; ! ; i.i 6 (o;(.J o;'l: 9 -s3<@ s6 s*r -:d o6 €-!-:d o6 'to \\ E5 cs* tS 999 ^.r38at(?, tc,de ;eto \ioE6 E5 '3os(o C4: E5 -:d o6 r (ooo)F- (' F: I = q?9:::: = 9 = q?! 3 ! 3883 ! : E SS e E pePX S R S REo Ro Ro Rodgo Eg.- *. ag_ Eg. _Y? f q?9 ':- C! y?g bE8 3 33e :jj R Re x9 : < 83= I ziso2 & =gRREF IHRE8 = ESeru6 fi a' gEfE t E EI4i I =- -l> Elgs=;gfii;gEEt;* "s E$2E q 5E3 g8afr i 86\!c\r.o$ e H eees e g $ Cg6 > + >>>> Fo-E 6 N ;( UO F(! -E p o(o N Slr, Fo- -E a6 F(! a., E !aaa al .\$st \)\ .-- .! ts{e .c s\t\ l) a QA ,rq zozEIIJ U\ \\Jo * '! S B o { \ U)q) ;\.!\ b \q)s F\' LS$q s { \ .qs\) F\etr)\Ri\n( Nklat {S \e eE s 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 - -, j 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: 101 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. J, P, N 0 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. o M R S 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. T, U X. Z AA BB DD EE FF. GG 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 JJ HH. ll. LL Site. Work. I/M NN oo. 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. 103 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. 1.U '1 05 106 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 107 108 109 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) 110 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 4. 5. 6. 7. B 111 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. 1.15 201 202 203 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): 206 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 c o_ = )X F (L LrJ1- = & =E(J F o_t^] uo EXP JT BCR BCR EXP JT EXP JTEF.t =LrJ Eo 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 c- o r o) UI IUo. 'l( n "t a; c (L opdt P PE aiD E3e*.Ep E.=oh (Do) dq 6ii AE E(D tr4(5,E -iEE€ .OE6 65 0eo.6 =3.e :,E}a=-68 ;r Eo.aE or-9EE8 9ts EH 2o HEPE -oa <..2 uJaD2-!l o ZO-P5 +6Eo (E a = o =I ID =.E Ee6 !2 I EP.. EoEAcuJ9A6z @Ego- p(I)EhE<6EPi.12 0 EEtsq ost Eee 2 !E F ioE5 Aq.Ee = O=? o o€b9t9'oor :};s tJ EEB*aA IU z. zo(_) ,9 s: (-) ctz 12J o oo (!() o) at, LUFooz trll- oFd a .ho ozzoF (J =r!6HL!- u, uJoz. _tllEuldlxlLUItt) Itlullolol66rl HI EJ:lpl H ,lt t-' ==zzf-><)zu-r <3++c) 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 5 d4 @ Other _tr Personal protective equipment Tools, povcl and hand Eloc[ical powEr lines vo@ ,o@ t*@ 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 t+lo {)ol,6o. 6 soo u7 "bl^ r)o5 l^t't ry t". !^-ni-h dC s--Fb gste a : .9! \ Fsg= s T oFsT eI il r a =l: 3 bJ0 )o|, A ? gE 6F!2f-rZ hdn rt(vr cLo s's-ir 6 1,.'tat.-!t) l^\s f+\)s f4 -g 3 a 8 '6 @ t< J.ul,5 r{bd*l IT €5c 1li 25qil Fo!9 EEE3BF9E*F 36Jt +:l,as x.a F f7+LA JrI IJ}, at- 5 OEEPE=.IU $lQi,t5tai o{t'r ;d $ @J ''P Y ,i1 TIA€d{xt- "3SJd 8 z s a 5J ,Alo \lJ s i a L4 J eI d-) -,rti;d: d +I'{ -t c 3 J E dj d(JJi { q (! 6 o2 4 -q SP 3roIPo- 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$on to secure for hirEelf an advantage orrer any olher Edders or irduce actbn preiudidalto the inbrests of the City of Vemm or of any o{her Bidder o{ anyone else interested in t}E popGed contract; That the Contractor has nol accepted any bid lrom any Subcontraclor or material supplier throl4h y birj deposrtory, the by'am, rul€s d r€guhlbrE ol which Bohibit or prevent the Contretd fDm mnsidering any bij trom any Subcontftrctor or materialsupplier, wtah is not p{ocessed through said bid depGrlory, o{ which prBvent any Subcontractor or rnalerid supplier fmm bidding to aty Conlractor wtb does qol use he feilities of or mept bids from o( though sudt tid depGitory; 4 llt llt ill ilt t lll t ilt Page 58 of. 712 7. That the Contreb did mt, dirEcty or indirslly, submit 0re Conbeto/s Bid grcn or any bteatdown ihereof, or he contenb Upeof, or diydge htormatioo or daia relative thereto, to any coryoratDn, partrErship, co{npany, Gsocialion, orgarizdbi, bid deposito.y, or to y rEmber or 4ent bemof, or to any indivirrd or groop ol irdiviluah, except to the City o{ Ve{mn, or to any person oI porsorE ttltp have palnership or other finaEial inlerest with said Conttaclor in higiEr businoss. I declare urder penalty of perjry under the lau,s of tlE State of California that lhe foregc*E is true and cofiect. Dated this 9th day of March,2ol8 lilonUVYear , Califomia Slate CONTMCTOR'S SIGI\nTURE MUST BE NOTARIZED Page 59 of 172 CALIFORNlA ALL.PURFOSE ACX}IOWLEDGMEIiIT crvrL coDE s fi89 A noldy plblic or othct offlc€r comCctlng tts certiflcat€ verifies orly th€ iJentity of tie indivldual ryho s(Ied thedoq,nfit lo whi$ 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 l. lollt I q,:IE Elo ulP or !to EP ;;EE oo 33 ciipE9e,! .c E rrl 6 I d H C.o g R -9tjO,oE!ocqr8-ooo-c IED BE Pg:Elo.9- ora-a.- itt EE 6n EE rlJ c oz coE) 3E o 6,,Ef-' _oo IJc t E fF Fo l.a -Bc.c xI O6, 3P!rb6p-oB oc E5 :> EEi::iiaF<ctr E 5.b>-E98o.9(I)-co! !;a-8p 516E> co E o c Ee qr .tr 6 -!lcEE.o. (u, tu6 o co (q E E o .E -oo o,J= o) IJ1),= oJ 16!orlo- -c e oc 14006E3lj:o EHP!2(J6:EZ oto E oo uia{ ro +l q<l iE.1 > ,gBJEd3db dlloJ'o9qot! czan 5l!lil3 IE ID E5 oupo tl, Eoo) ao ,E s,,--.! o .2 Eo 7F C\'r. o (D o Et' ql o(, Eou c) fo = c,9co E cotQ 'E o)z.E g EE>E.c J4 .!lc(,o.9I E: EE.<r oi'ec s6 - <v .!2cIEo,*aE- 6r =b t oc c m 1(J F 5 u- tnaI(J EElEloot I co o,o o- c.a.9c,EuoF E c)o o) E q, o =ll, U ! _9 a 6d)n=E* SE cII(t --t o) o =o).9z OJt11 J FoF N t_- q-.1 o o Di'r0 O. E Eotfit (ul) oc.'r+ T'9Eo' gEge3e auo.9Ps' B-eLo,L.o €c.e€e8Oq-E6c,aoo>oB€ E.1 EHl, .c.58ts9FOo=E6-b -.i €<:z.=9;hti€6Ps.sEEE Ei itr E >s:EEEb E+!do = -- 6HE6cEoi> EgE(J.E; g FI d : rot "iol sl 6Icllll EIaLl Hg Lil Ap icoo Eo(J oo E(,z ,A., 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 Kt A 221) a at a a o a CE mark o o a a o a o o o o p o a o CorrpaBhe4sivo salety package with erndggrcy srop brtlo{rs Scr8phg b.lEh at dbchaIga coov€)/o( Additional Xo.loi lishlt€ o slsnddd a opnond 4t5 6 tll I @ $wirts"n 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 rtr !36rrr, ( i6?lro. rl Gi3ri U :l il f I ,l iti nt,riI t1'T, I /* i:eli :'. lt' e I isisl,i'il*grsis \\\\\\\\\ \\\\\\\\\\\\ \ E(,AItt- -- llDFIv)EE {D (D il J Pco E.g J ETlrJ Eoo (t' troL' u0 .=E oE,E oI E!o oNN :z rn r--t ttoE, o fi,cooo = \zUod. co E .g =ct UJ +.Jc(I, o- boc :8 bo .E U U OJd.-o oU AJ bo .! f bo .C_c 5 U q) 5o 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. J K. L P, N 0 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. 0 [.4 R S T 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. X. Z BB CC DD EE FF GG HH. il. KK JJ 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 LL. Site. Work. 00 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. 106 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. 115 201 203 2Ul 205 2U 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 (, 207 208 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 209 210 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. 211 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. 215 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 216 217 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 K 218 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 B 302 303 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 602 603 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 604 601 605 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] 609 607 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 7.02 c D 703 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 c 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; D 705 B 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; 709 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. B 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. D 710 ct-AtMs 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. 803 804 802 805 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 806 807 808 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 902 903 904 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 905 906 907 908 909 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. 910 911 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. J. 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 Ondt5 2rl' d.tds+|r,rn-, mf b.ft.. E . ih.Iy Alfc otlEtJ.r! r. Frdult r.r hrn y O*r6,roE lrE'trrob.]r*n S.crd..ydFtD€U, DaSUR xCE 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 t'- t-- qr o cr o UI|! O{ i@l(\rl sl €ca E B = E (-) 6oF E o) oa c .E o- .*E Eq 5.sEE>_E Ee Ee E.E(!6 qE Ee 5tiE.(!S --€8E 5o {l'E t-o Se EE .9-E} 5'8, R€UE E8.BE o.E EE 3E E8 EE9e i;>, ABti -scEE3 < .g! (o Nt- o) N 3 O) ooF.(\ F.t-TO) at) oc -9lr-o t!o oo.J .E c) .N tr .c u.i oc E o o co cGo 6o F-N @ @ (oNct) o o' E .c. ood)Eo 3oz o o 2oEod; zoo (o(o(vo,(!o lEod}Eoo.B0,,z a!oco Ei! f(J oE coE, o ;i o o o oo ,9 ooo o)NF. ct)oo o_o)co E oI otr oco o .9o c.9o EGF o E o o o C6cq)c 6 .9(h E@ F ood)Eooioz o eq(s o 'tE =E 6 EoF l!o,to Eo ooE co( o oo @Nqo @ qooo @N oo o @@F. c o c o c E o o N o, N ooNo arJ$2EO2L.eB o2s6 E Iii -12 oaI E (E = s Ee6 .el! Et5 Ia -5 Poga frEdrz ;q Eo-o =tta seaEP2.aoa'5 (')asii9i5E () c'a qE6 6-E E riaur66 8Et-E'EE 3 di oJ3b3c 8'o E Ei6o3E PF-; =I =S EanO E o oz.z.aF() =[cs(J (Ltf- aD llJoz. CJEUJ.LxUJ !'ttu,oa co oE - ofosoc o) E.9a dri dri ==z.z o2r!<o=E=o-u (o o o- o cri tl,o(uo (oo,F. CDlr)|.,- o o o EC) E op @ *E6Exql6A 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 tta- o (a {.)tt IU tu 2 (B 6 5*€e F3g= B.E 3z .a .= co $:r EEE fl*eF ()E EEtIJ & a ao E z. z E .e E a Lb 4A 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 4 l lll t l t l llt l 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 5,oE(,)E,-o\ Hij6ts>.Es8o!2g5 EbEt .88 B Efit PiL BCg E-lflEE - 9>o E6gP;E E i EEY > pcg$ [sg ! ecE5 3 ;nEg E EElg E {f; I s$fiE I E BEJ E AsdE eEH ;gEHE frE I; *P F: ;8i UEEe .EEY E EEE a8..EEob EE8p ;8EE ;:ag }EEhen EEfo-c Eul o o c =EOP,EX EEsY QE Uof;s E8 E;tf; E#t.ocA8* E"E N N c{ EpIEg.!o Bf,tr € o oc o ao coco 6 Gc .g.9c.c.IF o El tU c,q.9 oF -oq,) ,9.9 .c i- 6c .9a EGF = J o tr ,EcIF6 a 9 oF J U' E G Eo og oo.J cs,9cIF =l G EIc t(., c .s E oF i6=60 5=- Egb:8E $g Eu:E qs "g.E= EEEEib<(cE c-r- o c,trr 16 a-r- o oEoOl !tpot,pI oc. E3!PEot 5Em#8q!!6-o 9chE.cbEB9:8Bct,t,9e8€Ec6o, ,u>oE!EI EEI' -E EU5E._L (uab1.EJ-E>2o:F.!gAT;.eE8 E U!B>::E9t 5b_EGtto-l.,;:oi,i E.H;EEI9Uao!p EeE(J!E ql F"l EI;l EI ,Bl tcl!o- Eou o q) E(,z aq a Ijdr, E =tdci =E sg HHILI OJo E o.)l! -9IE = c.Ec C) E cd, !Q EEzt IE 8S EE .9cI,9x 6:E*. <J-oi:hE19U .9c,E c, *= -c! ol =bEoc z tr3traas(J EEEEOE ! c ,9 E o o- c.E.9c.c EF Ebo o) E eo)to =d€U -t-e Eo=.E;ln ..i- "[t e E€ -5 eo) o =d,.9 TC)( J F 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 arF^loGaoJE[.6(E{5r3 THIS IS TO CERTIF/ TI.IAT THE POLICIES CF NSUMNCE LISTEO BELOW HAVE AEEN ISSUED TO THE $'SURAO NAIED ABOVE FOR THE POLrcY PERIOO IND]CATEO NOTWIIHSTANDING 'J.IY REOUIREMENT, TERI' OR COI'PITION Of A}TY CONTRACI OR OTHER MCUMCNT IIITH F€SPECT TO WHICfl THS CERIIFICAIE MAY AE ISSUED OR I']AY PERIAIN lH: INSUMNCE AFFORD€O AY TIC POTICIES DESCABED HEREI'I IS SUAJECT TO ALL TI€ IERITS. EXCLL'SIONS AIIO CONDITIONS Of SUCH POIICLES UMITS STIOI/VN IIAY IIAVE BEEN REOL'CED AY PAD CUll/E. COIgfl ERCTAL CEXERA! LIAEIIITY qrf,grr^cE E occLn FcucYE m Ere oYviGo f---l scraltaoAl,Ioc o{!Y [-l anr6|lfo lv I l{ll+Orrl{lD ^!106 o!!rY lj l Aur(ls Oa-Y SOO..Y lu.nY P., Fd) IOOfY ,r-URr (is an.{ AIIO EMR NYETs LIAgIL Y , iruB€ggf,51417 iAl, ttA 0h t lVll E3ctlELot OaElAIOlS, L@Alpra, vEllrCtES llCOllD ln,lr5l.d irlo !.:t rlrl ni b.rdd rrlrF r,qrnat FE: O+C,ALL IiAF.lCslc \ SERrcES sEE AnAOfo clTY oFvEHI rr .18 SAITA FE AVEtrf, vERm , cA 90058 SHOUU' ANY OF TTiE ABOVE DESCRIBED POLEIE} !! CANCELI.ED IIIORI THE EXHRANON DATE THEREOT, NOTlcE WILL EE OEUI/ERED I{ accoRDANCE Wmt IllE POUCy PROVTSTONS. M.ns3h Mulh€,j.- -lrtan uosr .!a^.&-r..41..s c.1988-2016 ACORO 23 (2016/03)Th€ ACORD n..na and logo aro r6glst red msrks oI ACORD AGENCYCUSTOIER lO:'100'29 L@ t: iroriislor4/n ADDITIONAL REMARKS SCHEDULE P.go 2 ol 2 xrEH usr. t€IAEtiTOsfrf}|s [IL6rRl, llc IoaIUTY TTUEOIIsfrfils TaIELUGE{I TRIIEPoRTAI t$r SEF,/|CES IqIIENNCID OAE(WAY rFlro Gao/E tt flt(D{513 THIS AOOMONAL REXARKS FORU IS A SCHEDULE TO ACORO FORM, FORM NUMSER: ---!L FORM T[LE: R€ O|$CAU n^Inc $lrr! SBIEE CIIY0Fv€ Or( |TS dRECtG, GfrcAS. rGEx|sAm EnOlESrnG }CIffi ^flnoXl tg.nEo rS 0oLl6^IEo lrto€Rcoamrcl illt[g IrC ErAOA)(5ERlt ul8LUTYlI} AIITOi&EiE tUEtrIY IiSUR&G Pftn€s. suas i6tn^laE rs rs rfffif D rr fiE logtBuLlGtno EDmaEr? Er urrcrYls ?fitlrftl rr{sun cEt orrB tHt tcE I^IIrl,Co rr Df cE8nr€rrr |{)t!€n s|lal BE mtss OiiY a NOr COItRA]nrG hIH 0Hn^l€E tnOrCE) t aRrlG pd.jcy YUN'EROf EJ8mflrcfl B SECIII.L f neE gOrcES AE Cr,CA.rE Fol ^xY nErSOil Otlcn Iru }rcr+P^YIIIT C mfl(r. Tr€ l6l.nEa lrl oEtlvER IoTEE Or C^lcEu^llolr IO nC (E(!rEIIE l{ttEl LP TO O a^ys FfioR ro DG crrcaum{ m rs iRLEo cy mTIEr corflnlcT. f,t{lcr€lEn !i |Iss Th. ACORD n!m. and logo s.6 169bt6r.d merla otACORO 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