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2019-02-19 City Council Agenda PacketPage 1 California 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, February 19, 2019, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Yvette Woodruff-Perez, Mayor William J. Davis, Mayor Pro-Tem Luz Martinez, Council Member Leticia Lopez, Council Member Melissa Ybarra, 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. PRESENTATION 1.Human Resources Employee Service Pin Awards for January 2019 Recommendation: No action required by City Council. This is a presentation only. 1. Service Pin List for January 2019 CONSENT CALENDAR 1 Regular City Council Meeting Agenda February 19, 2019 Page 2 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. 2.City Clerk Claim for Damages from Michael V. Mabry received on February 6, 2019 Recommendation: A. Receive and File 1. Claim for Damages: M. Mabry 02-06-2019 3.City Clerk Minutes of the Regular City Council Meeting Held on February 5, 2019 Recommendation: A. Receive and File 1. 2019-02-05 City Council Minutes 4.Finance/ Treasury Approval of Operating Account Warrant Register No. 16 Covering the Period of January 29 through February 11, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 16 which totals $5,442,076.46 and consists of the following: 1) Ratification of electronic payments totaling $4,571,299.52. 2) Ratification of the issuance of early checks totaling $829,769.11. 3) Authorization to issue pending checks totaling $41,007.83. 4) Voided check No. 602040 totaling $156.00. 1. Operating Account Warrant Register No. 16 5.Finance/ Treasury Approval of City Payroll Warrant Register No. 752 Covering the Period of January 01 through January 31, 2019 Recommendation: A. Approve City Payroll Warrant Register No. 752 which totals $4,617,287.15 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $3,656,571.59. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $960,715.56. 2 Regular City Council Meeting Agenda February 19, 2019 Page 3 1. City Payroll Warrant Register No. 752 6.Finance/ Treasury Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant register to record voided check: 1) Operating Account Warrant Register No. 15 to record voided Check No. 601943 in the amount of $20,561.50 issued 01/17/19 to Stream Kim Hicks Wrage. 7.Fire Department Fire Department Activity Report for the Period of January 1 through January 15, 2019 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 01/01/19 to 01/15/19 8.Fire Department Fire Department Activity Report for the Period of January 16 through January 31, 2019 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 01/16/19 to 01/31/19 9.Police Department Vernon Police Department Activity Log and Statistical Summary for the period of January 16 through January 31, 2019 Recommendation: A. Receive and file. 1. Police Department Activity Report - 01/16/19 to 01/31/19 10.Public Utilities Award of Construction Contract to General Pump Company, Inc. for the Well No. 11 Pump and Motor Project Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines 15301, because the project consists of the maintenance, repair, or minor alteration of an existing facility/equipment and involves negligible or no expansion of the existing use; and 3 Regular City Council Meeting Agenda February 19, 2019 Page 4 B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc., in substantially the same form as attached herewith, in an amount not to exceed $120,700 for procurement and installation of the Well No. 11 pump and motor; and D. Authorize a contingency amount of $12,000 in the event of unforeseen changes in the project and authorize the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. 1. Proposed Construction Contract with General Pump Company for the Well No. 11 Pump and Motor Project 11.Public Utilities Renewable Portfolio Standard Annual Status Report for Calendar Year 2018 Recommendation: A. Find that the Renewable Portfolio Standard Annual Status Report is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative activity, such is not a “project” as defined in CEQA Guidelines Section 15378. And even if such activity were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15307 and 15308 because the RPS activity managed by Vernon Public Utilities is aligned with regulatory provisions to maintain, restore, or enhance the environment; and B. Receive and File the Renewable Portfolio Standard (RPS) Annual Status Report for Calendar Year 2018. 1. Renewable Portfolio Standard Annual Status Report for CY 2018 12.Public Works Public Works Department December 2018 Monthly Building Report Recommendation: A. Receive and File. 1. Public Works Department December 2018 Building Report 13.Public Works Public Works Department January 2019 Monthly Building Report Recommendation: A. Receive and File 1. Public Works Department January 2019 Building Report 14.Public Works 4 Regular City Council Meeting Agenda February 19, 2019 Page 5 Acceptance of Electrical Easement at 2665 Leonis Blvd. (APN 6308-004-013) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a “project” as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. 1. Electrical Easement - 2665 Leonis 2. Certificate of Acceptance - EE 2665 Leonis ORDINANCE 15.Police Department Ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing of South Gate Inc., a Franchise Towing Services Agreement Recommendation: A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. is not subject to review under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Approve the second reading, and adopt Ordinance No. 1259 granting U.S. Tow, Inc. a franchise towing services agreement; and C. Approve the second reading, and adopt Ordinance No. 1260 granting Mr. C’s Towing of South Gate, Inc. a franchise towing services agreement; and D. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City. 1. NPH - 2 Ordinances Granting Franchise Towing Services 011719 2. Franchise Tow Fee Program - RFP 3. US Tow City of Vernon Proposal 4. Mr C's Towing of South Gate Response to Vernon Towing RFP 5. Ordinance Franchise Tow Agreement U.S. Tow 6. Redline Ordinance Franchise Tow Agreement U.S. Tow (No Exhibits) 7. Ordinance Franchise Tow Agreement Mr. C's Towing 5 Regular City Council Meeting Agenda February 19, 2019 Page 6 8. Redline Ordinance Franchise Tow Agreement Mr. C's Towing (No Exhibits) ORAL REPORTS City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 16.City Attorney CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. The City has received notice that it is a potentially responsible party (PRP) relating to an EPA Superfund site in South Gate, California, which was used for decades until the early 1990s as a facility to recondition and recycle used steel drums, some of which contained a variety of industrial chemicals. Potential plaintiffs have identified the City as a PRP and made an offer of settlement in exchange for release from future liability. Government Code Section 54956.9(d)(2) & (e)(2) Number of potential cases: 1 17.City Attorney CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. The City hired Environmental Construction, Inc. to install and equip a well in 2015. Multiple issues arose over the subsequent three years, resulting in potential claims by both parties against the other. In order to avoid litigation, the parties have reached an agreement, pending City Council approval, to resolve their disputes. Government Code Section 54956.9(d)(2) & (e)(2) Number of potential cases: 1 18.City Attorney CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon 6 Regular City Council Meeting Agenda February 19, 2019 Page 7 Los Angeles Superior Court, Case No. BS159589 19.City Attorney CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association, and Vernon Police Officers’ Benefit Association 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 date set forth on this agenda. Dated this 14th day of February, 2019. By: ________________________________ Maria E. Ayala City Clerk 7 City Council Agenda Item Report Agenda Item No. COV-66-2019 Submitted by: Veronica Avendano Submitting Department: Human Resources Meeting Date: February 19, 2019 SUBJECT Employee Service Pin Awards for January 2019 Recommendation: No action required by City Council. This is a presentation only. Background: Submitted herewith is a list of employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Impact: None. ATTACHMENTS 1. Service Pin List for January 2019 8 JANUARY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Carlos R. Fandino Jr.City Administration City Administrator 1/23/1989 30 Jerry R. Chavez Jr.Police Police Sergeant 1/10/1994 25 Maria L. Madrigal Police Police Officer 1/25/1999 20 Justin Simpson Public Utilities Electric Operator 1/13/2009 10 Jack W. Megorden Public Utilities Associate Electrical Engineer 1/14/2014 5 2019 SERVICE PIN LIST 9 CLA:M FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1 . Claims for death, injury to person or to personal property must be filed not laler than six (6) months after the occurrence. (Gov. Code Sec. 91'l 2)2. Claims lor damages to realproperty must befiled not laterthan one (1) year after the occurrence. (Gov. Code Sec.gl '1.2) 3. Read entire claim before filing.4. See page 2 for diagram upon which to locate place of accident5. This claim form must be signed on page 2 at bottom.6. Attach separate sheels, if necessary, to give full details. SIGN EACH SHEET7. Claim must be flled with City Clerk. (Gov.Code Sec. 915a) ;'め年外どこ/,″ ress RESERVE FOR FILING STAMP CLAIM No Address of Claimant which you desire notices or communications to be sent regarding this claim: :)(.f""A FL /t,'?- zfi) lN」URY occu′ Give fu∥ うЙ″,4´″刀t、、 D"tor.t7 c.por,:,r S*n+nGt ,*,</i'ftraf lclrLt-ic tD *4e 2s-*=Y did DAMAGE orlN」URY date, time of day, etc.: +s /,,4 / tr;a ,f.'-sr VVhere did DAMAGE o「, and locateon on reverse approximate, give street names and address and measurements from landmarks: 免拿″/ftt sC W*J A- What particularACT ISSION doyou claim causedthe iniury ordamage names of City employees, )+r'-r7" hs ん′・3/″め ″ 「 What DAMAGE orlN」URIES do you claim resuRed? G ve fu∥extent of iniu“es Or damages claimed: llVhatAMOUNTdo youclaimofeach nem Of niury o「damage asofda,ofpr,9nta∥。nofthisclaim,giving basis of computation:謬罵、nu轟頸慇ンに:pジに:〆レ多窮響彗F稚f″ごい0 ぶム・・不δヽも‐∫°さ。 \ii"{'*t*ne * 7-i.1t″ causing the injury or damage, if known: Give computationt NT as faras known you on account of each item of prospective injury or ′′Jさ0 フ歯幹レt'δ ′710 Were you insured at the time of the incident? lf so, provlde name of insurance company, policy numbers and amount of insurance payments received: Expenditures made on account of accident or lnjury: (Date - ltem)(Amount) Name and address of Witnesses, Doctors and Hospitals: READ CAREFULLY For a∥accident claims place on fo∥owing diagram names of streets,including North,East South,and Westi indicate place of accident by HXH and by showing hOuse numbers or distances to street corners lf City Vehicle was lnvolved, designate by letter'A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by 'A-1 " and location of yourself or your vehicle at the time of accident by"8 l"and the point of lmpact by"X." NOTE:lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUttOMOBILE ACCIDENttS 鷹L アA＼ / true and correct. 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Walmart ■JF01"聯憂「CFJ鳳 12 13 900006141 LA Truck & Auto / Napa 825 E. WASHINGTON BLVD LOS ANGELES CA. 90021 (213)749-7331′ CA 90021 00 Time: 19:ol Date: 02/04/2019 Page: 1/1 Invoice Number 961421 |||||∥||:∥||∥|||||∥!∥|:|llllll∥||| 9076 HQ NAPAONLINE SPECIAL SALE PREFERRED CASH CusTOMER LOS ANGELES′ CA 99999-0000 Employee: Sales Rep: AccounEing Day: Y Y OCR 9000061419614212 614319 anks 4 joining NAPA Rewards! E 55 off your next purchase. IMPACT SOCKET (C58) :1 2DR FLEX HANDLE 17 () You qroE 23 Points today. N6tll1.001 17.141 8.7200: 1.001 26.741 14.3900' up your online account o NAPARewards.c6m & 8 72 14.39 Set Delivery: Attention: Tax Exemption: PO+: 9513180294 Terms: Customer signature ALL COODS RETURNED MuST BE ACCOMPANIED BV THISINV01CC l agreo to pay しoし al amountaccording to card issuer agreenent REMIT 825 E WASHINCTONLA, CA 90021 CUSTOMER COPY Subtota1 23 11 Tax Rate 9rD0 9.5000■ 2 2o ‐ |‐|| 1 16tal■|1 25.31 ViSa 0635 617 2「D_31 14 12345678910 11 12 13 14 Account Staled to Date‐∥ Dat′∠1■≦乙三」隻ヒ1___ 15 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 5, 2019, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE Members Present:Yvette Woodruff-Perez, William Davis, Melissa Ybarra Members Absent:Luz Martinez, Leticia Lopez The meeting was called to order at 9:00 a.m. by Mayor Woodruff-Perez, City Attorney Hema Patel lead the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there are no changes to the agenda. PUBLIC COMMENT Maria Isabel Acosta, resident, introduced herself as a running candidate for City Council. Ted Brodeuer, P.E. Assistant Resident Engineer, Sanitation Districts of Los Angeles County, explained that he was speaking on behalf of the employees of several bargaining units to ask for City Council assistance and letter of support regarding bargaining contract negotiations with the Sanitation District. City Attorney Hema Patel advised Mr. Brodeuer that he can contact City Administration regarding his request. She further explained that any item relating to City Council would need to be agendized in accordance with the Brown Act. Steve Koffroth, Field Director, American Federation of State, County and Municipal Employees (AFSCME) expressed concerns with reference to meetings between City Council and the bargaining units associated with union contract negotiations. PUBLIC HEARING 1.Ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing of South Gate Inc., a Franchise Towing Services Agreement Recommendation:A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. is not subject to review under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore 16 Regular City Council Meeting February 5, 2019 Page 2 of 8 not a “project” as that term is 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 granting U.S. Tow, Inc. a franchise towing services agreement; and D. Approve the first reading, and adopt at a subsequent meeting, an ordinance granting Mr. C’s Towing of South Gate, Inc. a franchise towing services agreement; and E. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City. City Clerk Maria Ayala announced the proposed item. Mayor Yvette Woodruff-Perez opened the Public Hearing at 9:09 a.m. Police Chief Anthony Miranda reported on the proposed. City Council Member Melissa Ybarra inquired as to the two towing companies’ response time. A dialogue ensued between Council and staff regarding tracking of the response times, impact and public safety, towing companies’ locations, average response time, number of complaints by Police Officer concerning extended waiting time. Public Comment: Christopher Jay inquired as to Council researching further than the scheduled facility review and pricing review. He further commented that the two towing companies have online reviews from customers and the Better Business Bureau depicting their level of service. Jerry Brown, General Manager, Mr. C’s Towing in South Gate, commented that Yelp does not provide sufficient time for businesses to respond to a customer review. He further commented that the Better Business Bureau has a system in place that reviews legitimate complaints and Mr. C’s Towing shows an “A plus” rating. Mike Welch, Operations, Mr. C’s Towing, commented that their business solely predicated on impounding cars for government agencies with over 14 law enforcement contracts. He further commented about their response time. Mayor Yvette Woodruff-Perez closed the Public Hearing at 9:24 a.m. City Council came to a consensus to approve the Ordinance first reading with the solicitation that language be added to have Vernon Police Department track the towing companies’ response times. 17 Regular City Council Meeting February 5, 2019 Page 3 of 8 It was moved by William Davis and seconded by Melissa Ybarra to: A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. is not subject to review under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project” as that term is 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 granting U.S. Tow, Inc. a franchise towing services agreement; and D. Approve the first reading, and adopt at a subsequent meeting, an ordinance granting Mr. C’s Towing of South Gate, Inc. a franchise towing services agreement; and E. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None PRESENTATION 2.Recognition of Retired Employee - Fire Engineer Andrew G. Kroner Recommendation:A. Acknowledge and present a proclamation to retired employee Andrew G. Kroner, Fire Engineer, in recognition of his dedicated service to the City of Vernon. City Clerk Maria Ayala read the proclamation of Retiring Fire Engineer Andrew G. Kroner, who was not present. Fire Chief Bruce English said a few words and provided a brief summary relating to Fire Engineer Andrew G. Kroner's distinguished career in the City of Vernon. CONSENT CALENDAR 3.Claim for Damages from E. Diaz received January 15, 2019. Recommendation:A. Receive and File 4.Claim for Damages from S. Solano received January 10, 2019. Recommendation:A. Receive and File 5.Claim for Damages from Stantony, LLC received January 10, 2019. Recommendation:A. Received and File 6.Minutes of the Regular City Council Meeting Held January 15, 2019 Recommendation:A. Receive and File 7.Ratification of Mayor's Appointment of Eligible Individuals to Serve on the Green Vernon Commission 18 Regular City Council Meeting February 5, 2019 Page 4 of 8 Recommendation:A. Find that the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because the ratification of the Mayor's appointment of an eligible individual to serve on the Green Vernon Commission 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. Ratify the Mayor's appointment of Ron Daerr to serve on the Green Vernon Commission in a Business Representative Seat for a term that will expire on June 30, 2022; and C. Ratify the Mayor's appointment of Frane Sosic to serve on the Green Vernon Commission in an Environmental Representative Seat for a term that will expire on June 30, 2022. 8.Approval of Operating Account Warrant Register No. 15 Covering the Period of January 08 through January 28, 2019 Recommendation:A. Approve Operating Account Warrant Register No. 15 which totals $14,214,969.82 and consists of the following: 1) Ratification of electronic payments totaling $13,768,114.87. 2) Ratification of the issuance of early checks totaling $421,955.15. 3) Authorization to issue pending checks totaling $24,899.80. 9.Ratification of Warrant Registers to Record Voided Checks Recommendation:A. Ratify the following warrant registers to record voided checks: 1) Operating Account Warrant Register No. 10 to record voided Check No. 601166 in the amount of $20.00 issued 10/11/18 to SCPMA-HR. 2) Operating Account Warrant Register No. 14 to record voided Check No. 601699 in the amount of $708.00 issued 12/13/18 to BIBI Clothing. 10.Fire Department Activity Report for the Period of November 16 through November 30, 2018 Recommendation:A. Receive and file. 11.Fire Department Activity Report for the Period of December 1 through December 15, 2018 Recommendation:A. Receive and file. 12.Fire Department Activity Report for the Period of December 16 through December 31, 2018 Recommendation:A. Receive and file. 19 Regular City Council Meeting February 5, 2019 Page 5 of 8 13.Vernon Police Department Activity Log and Statistical Summary for the period of November 16 through November 30, 2018 Recommendation:A. Receive and file. 14.Vernon Police Department Activity Log and Statistical Summary for the period of January 1 through January 15, 2019 Recommendation:A. Receive and file. No public comment provided. It was moved by Melissa Ybarra and seconded by William Davis to approve Consent Calendar items 3 through 14. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None NEW BUSINESS 15.Approval of Revocable Encroachment Agreement No. 433 with Alisu Investment, Ltd. and Kargo Group GP, LLC Recommendation:A. Find that the approval of the Revocable Encroachment Agreement (the “Agreement”) is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and B. Approve Revocable Encroachment Agreement No. 433 between the City of Vernon and Alisu Investment, Ltd. and Kargo Group GP, LLC. in substantially the same form as submitted herewith. Director of Public Works Daniel Wall reported on the proposed. Mayor Pro Temp William Davis inquired as to the distance between wells. Director Wall responded accordingly. No public comment provided. It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that the approval of the Revocable Encroachment Agreement (the “Agreement”) is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and B. Approve Revocable Encroachment Agreement No. 433 between the City of Vernon and Alisu Investment, Ltd. and Kargo Group GP, LLC. in substantially the same form as submitted herewith. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra 20 Regular City Council Meeting February 5, 2019 Page 6 of 8 No:None 16.Award of Services Agreement to Rutan & Tucker, LLP for Legal Consulting Services Regarding City-Owned Housing Recommendation:A. Find that awarding the contract to Rutan & Tucker, LLP 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 is not a “project’ as defined by CEQA Guidelines, Section 15378; and B. Approve a Services Agreement with Rutan & Tucker, LLP, in substantially the same form as submitted herewith, with a termination date of May 19, 2019 in an amount not-to-exceed $10,000 for legal consulting services regarding city-owned housing; and C. Authorize the City Administrator to execute the Services Agreement with Rutan & Tucker, LLP with an effective date of January 1, 2019. Director of Public Works Daniel Wall reported on the proposed. Councilmember Melissa Ybarra inquired as to the amount of fees disbursed for legal consulting services. Director Walland City Attorney Patelresponded that the legal fees have not exceeded the budgeted amount and further elaborated on the new consulting firm and contract, the firm's reputation, lower rates, and efficiency. No public comment provided. It was moved by William Davis and seconded by Melissa Ybarra to: A. Find that awarding the contract to Rutan & Tucker, LLP 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 is not a “project’ as defined by CEQA Guidelines, Section 15378; and B. Approve a Services Agreement with Rutan & Tucker, LLP, in substantially the same form as submitted herewith, with a termination date of May 19, 2019 in an amount not- to-exceed $10,000 for legal consulting services regarding city-owned housing; and C. Authorize the City Administrator to execute the Services Agreement with Rutan & Tucker, LLP with an effective date of January 1, 2019. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None 21 Regular City Council Meeting February 5, 2019 Page 7 of 8 17.A Resolution Approving and Authorizing The Withdrawal from the Orangeline Development Authority Recommendation:A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, as it is a governmental administrative activity that will not directly result in physical changes to the environment and is therefore not a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing withdrawal from the Orangeline Development Authority. City Clerk Maria Ayala read the Resolution. Director of Public Works Daniel Wall reported on the proposed. No public comment provided. It was moved by William Davis and seconded by Melissa Ybarra to: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, as it is a governmental administrative activity that will not directly result in physical changes to the environment and is therefore not a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing withdrawal from the Orangeline Development Authority. ORAL REPORTS Chief of Police Anthony Miranda reported on the following: On January 14 through January 22 Vernon PD monitored a public demonstration during school hours by the United Teachers of Los Angeles at the Vernon Elementary School; and reported on multiple incidents throughout the City. Fire Chief Bruce English reported on the following: Several incidents throughout the City; radio tower workers installed the final bi-directional antennas to the Water Tower ICI radio system; the 100% grant federal funded project will bring significant improvements to radio communications in the City; on April 24th the Vernon Firefighters Association will host the Annual Spring Blood Drive and St. Baldrick Fund Raising Event at Fire at Fire Station 76; blood will be donated to Children’s Hospital of Los Angeles pediatric ward. Director of Public Works Daniel Wall reported on the following: O. E. Clark building suffered partial collapse of roof due to water damage from recent storms; on February 21 st Public Works will host an event at the Council Chambers to distribute parking permits to the residents on Furlong and key cards to allow access to the secured parking located immediately behind their home. Vernon Public Utilities, Todd Dusenberry, Assistant General Manager, reported on the following: Vernon PU presented the results from its Electric Rate Study at the most recent Business and Industry Commission Meeting; on Thursday, February 7th, Vernon PU will hold a more focused presentation for customers; Public Utilities Manager Kelly Nguyen and Utilities Compliance 22 Regular City Council Meeting February 5, 2019 Page 8 of 8 Administrator Angela Kimmey are currently attending this year’s Capital Day hosted by California Municipal Utilities Association (CMUA). Finance Director William Fox reported on the following: on January 29th, he and Masami Higa, Assistant Finance Director, met with the consolidated Los Angeles County Oversight Board for the Redevelopment Agency and presented the annual budget for upcoming fiscal year 2019-2020; Health and Environmental Control Director Fredrick Agyin reported that the Health Department has two new staff members. Human Resources Director Michael Earl report on the following: on January 30th, Human Resources hosted a Retirement Planning Workshop for City employees. CLOSED SESSION City Council entered closed session at 9:50 a.m. 18.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 3 At 10:10 a.m. the City Council exited closed session. City Attorney Hema Patel reported that three cases were discussed with no reportable action taken. ADJOURNMENT With no further business, at 10:10 a.m. Mayor Yvette Woodruff-Perez adjourned the meeting. ________________________ Yvette Woodruff-Perez Mayor ATTEST: _________________________ Maria E. Ayala City Clerk 23 City Council Agenda Item Report Agenda Item No. COV-88-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: February 19, 2019 SUBJECT Approval of Operating Account Warrant Register No. 16 Covering the Period of January 29 through February 11, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 16 which totals $5,442,076.46 and consists of the following: 1) Ratification of electronic payments totaling $4,571,299.52. 2) Ratification of the issuance of early checks totaling $829,769.11. 3) Authorization to issue pending checks totaling $41,007.83. 4) Voided check No. 602040 totaling $156.00. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Operating Account Warrant Register No. 16 covering claims and demands presented during the period of January 29 through February 11, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Operating Account Warrant Register No. 16 24 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for payments thereof. William Fox Finance Director This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: Void Checks: 602040 晰c FLβ 圏い｀1‐^/~が｀VI間、商 12 卿|ヽ Printed:2/12/20199:32:39AM 25 CilY OF VERNON OPERATlNG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 ELECrRONiC NUMBER INVOICE AMOUNT ЧTI NUMBER AMOulNT 002412-CALIFORNIA ISO 0559200500150 S 055.9200.500210 S 055.9200.500170 5 0559200500190 S 0559200500150 S 0559200.500180 S 0559200.500190 S 0559200500170 S 0559200500150 S 055.9200500170 S 0559200.500190 S 0559200.500240 S 055.9200500210 5 0559200500210 S lnitial Charges 01/19 lnitial Charges 01/19 lnitial CharBes 01/19 lnitial Charges 01/19 Recalculation Cha rges 10/18 Recalculation Cha rBes 10/18 Recalcu lation Charges 10/18 Recalculation Charges 10/18 Recalculation Charges 12/18 Recalculation Charges 12/18 Recalculation Charges 12/18 Recalculation Charges 12/18 Recalculation Cha rges 12/18 Recalculation Charges 01/19 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 159′466.64 8,759.06 ‐9′553.32 -15,07099 6′196.98 373.95 1′36121 -1′82277 2′630.95 3′150.03 64660 20.04 -74.58 -68.71 Printed:2/12/2019 9:32139AM PaRe l of 50 26 CilY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 ELECrRONIC ACCOUNT :NVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOuNr DESCR]PT:ON :NVOICE P.0.I DATE NUMBER AMOUNT 002412-CALIFORNIA ISO 055.9200.500150 S -15′566 00 Reca!cula●on Charges 01/19 055.9200.500190 S -36 01 Recalculajon Charges 01/19 055.9200500151 S 32.99 Recalcula●on Charges 01/19 055.9200.500170 5 1′209.98 Reca!culajon Charges 01/19 201901223140863 675 201901223140863 675 201901223140863 675 201901223140863 675 01/29/2019 7925 S 141,65605 002468- DEPARTMENT OF WATER& 055.9200.500170 S 21′870.00 Energy Purchase 12/18 POWER 055.9200.500260 5 575.00 [nergy Purchase 12/18 GA192868 GA192868 01/29/2019 7926 S 22,445.00 002517-SO CAL PUBLIC POWER 055 9200 500180 5 266′500.00 Minimum Cost 01/19 AUTHORllY 055.9200.500150 5 58,474.00 Variable Cost 12/18 055122100 S 10′000.00 PSF Cost 01/19 0559200.500180 S -289′145.00 Credit PV0119 PV0119 PV0119 PV0119 01/29/2019 7927 5 45′82900 001928‐ADVANCED UT!LITY SYSTEMS 055,7100860000 S 18′412.50 C:S lninity Upgrade XT00137268 01/29/2019 7928 S 18′412.50 005831-ARKAD:N′lNC 01/29/2019 7929 5 7119 Printed:2/12/2019 9:32:39AM 0119019.560010 S 71.19 Conferencing Charges 11987651218 Page 2 of 50 27 CllY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 ELECrRONIC | ■|||| ||‐ ACCOuNT ■| |:NVO:CE I ‐| |I PAYMENT PAYMENT PAYMENT VENDon NAMEIAND"OMBER NUMBER AMOし鈍T DESCRIPT:ON INVOICE P.0.# DATE NUMBER AMOUNT 001479- BL00MBERG FINANCE′LP 055 9200 596550 S 333 75 New York Mercantlle Exchange 5604722860 055.9200 596550 S ll′250 00 Bloomberg Terminal 5604722861 01/29/2019 7930 S ll′583.75 004665- ELEMENT MARKETS 055 9200.500162 S 51,885.53 Natura!Gas 12/18 R[NEWABLE NATU 0559200500162 5 73′169 84 Natural Gas 12/18 RC1391 RC1392 01/29/2019 7931 S 125,055.37 004500-iCE US OTC COMMODITY 055 9200.596200 S l,250 00 0TC Commission Adiustment MARKETS′ 1218001688088 01/29/2019 7932 S l′25000 006019 - SECUREWORKS, tNC 011.9019.595210 s 1,886.98 Network Security Services SWX1315079096 01/29/2019 7933 5 1′88698 0ooo59 - so cAL EDtsoN 055.9200.500170 s 24,669.00 Transmission service charge 7500961704 01/29/2019 7934 5 24′66900 001581-THE GAS COMPANY 055.9200550022 5 84′384.42 Period:12/18 011019 01/29/2019 7935 5 84,384.42 P“nted:2/12/20199:32:39AM Page 3 of 50 28 CllY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.16 FEBRUARY 19′2019 ELECrRONiC |■ ■■| I ACCOUNT l lNVOICE I ‐ PAVMENI PAYMENT PAYMENT vENP9RNAMEAND NUM8ERIII II NUMBER I AMoUNT DESCRIPT:9" | | |‐■■ lNvOiCr ‐ P:。.# DATE III NUMBER AMOUNT 000267- BROADBAND LLC 057 1057 500173 S 4′250 00 Provide Dedicated internet Access ll15182003744 057 0000053 0571057500173 S 4′377 50 Provide Dedicated lnternet Access l15192003744 057 0000053 0571057500173 S 4,377 50 Provide Dedicated internet Access 1215182003744 057 0000053 0571057500173 5 4′508.83 Provide Dedicated lnternet Access 215192003744 057 0000053 0571057.500173 S l′500 00 Dedicated lnternet Access Services～ IN10152018200374 057 00000534 0571057500173 5 2′750 00 Provide Dedicated lnternet Access lN10152018200374 057 00000534 01/29/2019 7936 S 21,76383 002476-SCHWEITZER ENGINEERING 055 9100.900000 5 3′832 50 Equlpment～ LABORAT INV000340903 055 0002681 01/29/2019 7937 5 3′83250 Printed:2/12/2019 9:32:39AM Page 4 of 50 29 C:TY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 000714- CALP[RS 011.1001502020 0111002.502020 0111003.502020 0111004502020 011.1024.502020 011.1026.502020 0111031.502020 011.1033502020 0111040.502020 0111041502020 0111043.502020 011.1046502020 011.1047502020 0111048502020 011.1049.502020 0571057502020 011.1060.502020 0201084.502020 056.5600.502020 055.7100.502020 055.7200502020 0558000502020 055.8100.502020 Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL" Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 100000015536065 1,158.97 6′913.98 4′47610 13,068.62 7′893.13 6′23457 13′26845 5,63509 3′996.52 7′83318 21′301.45 3′73675 2,717.63 1′51868 3′377.06 899.22 10,23109 16′04603 5,29539 3′017.37 579.50 7′25368 13′348.38 Printed:2/12/2019 9:32:39AM Page S of 50 NUMBER AMOUNT DESCRIPT10N lNVOiCE NUMBER AMOUNT 30 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 ELECrRONIC ACCOUNT :NVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOuNT DESCRiPT:ON INVOiCE P.0.# DATE NUMBER AMOUNT 000714-CALPERS 0559000.502020 S 10′271.06 Monthlv Expense of UAL～ 0119019.502020 S 4′995.65 Monthly Expense of UAL～ 055.9100.502020 S 13′268 45 Monthly Expense of UAL～ 055.9200.502020 5 11′490 00 Monthly Expense of UAL～ 0111031502020 S 130,884 34 Monthly Expense of UAL～ 0111033502020 S 238′636.66 Monthlv Expense of UAL～ 100000015536065 100000015536065 100000015536065 100000015536065 100000015536071 100000015536071 01/30/2019 7938 5 569′347.00 001552- HOMED[POT CREDiT 055.8400.520000 S 222.76 Hardware Supplies～ SERVICES 0558400590000 S 982 91 Hardware Supplies～ 112718_M U LTIPLE( 0550002674 2) 112718_MULTIPLE( 0550002674 2) 01/30/2019 7939 S l,205.67 001552- HOME DEPOT CREDIT 011 1043 520000 S 339.25 Tools&Plumbing Hardware～ SERViCES 0111047520000 S 406.39 Tools&Plumbing Hardware～ 0111048520000 5 246.54 Toois&Plumbing Hardware～ 0111049.520000 S l′383.25 Tools&Plumbing Hardware～ 123018 MULTIPLE 011.0013217 123018 M∪LTIPLE 011.0013217 123018 MULTIPLE 011 0013217 123018 MULT:PLE 011 0013217 01/30/2019 7940 S 2,375.43 Pnnted:2/12/20199:32:39AM page 6 of 50 31 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 ELECrRONIC I ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPT10N :NVOiCE P.0.# DATE NUMBER AMOUN汀 002190-OFFICE DEPOT 0201084520000 S 0565600.520000 S 0557100.520000 S 055.8000520000 S 055.8100520000 S 0559000.520000 S 0559100.520000 S 0559200520000 S 0201084.520000 S 0565600.520000 S 055.7100.520000 S 0558000.520000 5 0558100.520000 S 0559000.520000 S 055.9100520000 S 0559200.520000 S 055.8000.520000 S 055.8000520000 S 0111026.520000 S 011.1026.520000 S 0111026520000 S 0111026520000 S 36.33 Supplies 245 38 Supplies 243.78 Supplies 128 50 Supplies 62 76 Supp∥es 260 89 Supplies 85 20 Supplies 13.90 Supp!ies 3 41 Sales Tax 9 5% 23.07 Sales Tax 9 5% 22.92 Sales Tax 9 5% 12.08 Sales Tax 9 5% 5.90 Sales Tax 9.5% 24.53 Sa!es Tax 9 5% 8 01 Sales Tax 9 5% 1 31 Sales Tax 9.5% 16 19 Supplies 1 54 Sales Tax 9 5% 12.58 Supplies 1 20 Sales Tax 9.5% 109 31 Supplies 10 38 Sales Tax 9.5% 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752001 246949752002 246949752002 248781207001 248781207001 248781332001 248781332001 1,32917 Pnnted:2/12/20199:32139AM 01/30/2019 7941 5 Patte 7 of 50 32 ClTY OF VERNON OPERAT:NG ACCOUNT WARRANT REG:STER NO.16 FEBRUARY 19′2019 000059-SO CAL EDiSON 011.1043560000 S 95 28 Period:12/18 011519 01/30/2019 7942 S 95.28 002242-CA DEPARTMENT OF TAX& 055.200230 FEE ADM 78′496.02 Electrical Energy Surcharge 10/18-12/18 01/31/2019 7943 5 003158-AETNA HEALTH OF CALIFORNIA 011.1026502031 011.1026.502031 9′593.64 Medicare PPO Retlrees 3′007.59 Medicare HMO RejreesSS 31253024 31253909 01/31/2019 7944 S Printed:2/12/20199132:39AM Patte 8 of 50 AMOUNT DESCRIPT10N 33 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 005172‐ BLUE SH!ELD OF CALIFORNIA 011 1026.502031 0111026.502031 011.210221 020.210221 055210221 056.210221 057210221 011.210221 020.210221 055.210221 011.210221 020.210221 055.210221 056.210221 011.210221 020.210221 055.210221 057.210221 011.210221 011.210221 011210221 011.210221 011210221 Printed:2/12/20199:32:39AM 58,454.03 Early Retirees 5,114.99 Cobra 105,438.96 Medical High HMO: Payment 7,2L3.84 Medical High HMO: Payment 26,331.00 Medical High HMO: Payment 5,871.90 Medical High HMO: Payment 587.18 Medical High HMO: Payment 22,7L7.64 Medical High PPO: Payment 260.12 Medical High PPO: Payment 4,t62.02 Medical High PPO: Payment 48,063.55 Medical HSA PPO: PaYment 5,587.32 Medical HSA PPO: Payment 5,343.26 Medical HSA PPO: Payment 606.90 Medical HSA PPO: PaYment 78,555.58 Medical Low HMO: Payment 3,569.94 Medical Low HMO: Payment 19,169.06 Medical Low HMO: Payment 252.12 Medical Low HMO: Payment -557.63 EE0107 Separated L].l29i1& Credit -557.53 EEOL22 Separated l].l 29 I L8 Credit -557.53 EE1078 Separated ltl26/ tB Credit -557.63 EEtlt2 Separated 11106/18 Credit 795.70 EE1091 Hired FT 7L/73/18 Added to bill 183510148737 183510148818 Ben213069 Ben213069 3en213069 Ben213069 8en213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 8en213069 Ben213069 Ben213069 Ben213069 Page 9 of 50 NUMBER AMOUNT DESCR:PT:ON lNVO:C[NUMBER AMOuNT 34 CITY OF VERNON OPERATING ACCOuNT WARRANT REGiSTER NO。16 FEBRUARY 19,2019 ELECrRONiC NUMBER lNVOiCE AMOuNT DESCRIPT:ON lNVOiCE P.0.# PAVMENT PAVMENT DATE NUMBER PAYMENT AMOUNTV[NDOR NAME AND NUMBER|005172- BLUE SHIELD OF CAL!FORN:A 011.210221 011210221 011.210221 011.210221 011210221 020210221 055.210221 056210221 0111004530034 [Ell19 Hired F「11/13/18 Added to b∥lEE0723 Separated 12/23/18 Wal●ng for EE0968 Separated 12/30/18 Waijng for Separated l1/29/18′wai●ng for cred忙 Fund 01l New enrollment adiuStments:～ Fund 020 New enrollment adiuStments:～ Fund 055 New enrollment adiuStments:～ Fund 056 NeW enroliment adjustments:～ Rounding AdiustmentSSSSSSSSS557.63 1,03137 1,388.38 606.90 49899 -2,101.10 30104 -698.07 076 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 Ben213069 01/31/2019 7945 5 407′551.60 000168-CLA∪D:A LUNA 0111004.596500 S 280 56 CAPP0 2019 012219 01/31/2019 7946 S 28056 000905- MARISELA MARTINEZ 0111004596500 S 274 68 CAPP0 2019 012219 01/31/2019 7947 S 27468 002242-CA DEPARTMENT OF TAX& F[EADM 011.200250 055200250 0111004530034 533.08 4Q18 Use Tax Pavment 1498 4Q18 Use Tax Payment -006 4Q18 Use Tax Rounding Adlustment 0004238441 0004238441 0004238441SS 548.00 Pnnted:2/12/20199132:39AM 01/30/2019 7948 5 PaRe 10 of 50 35 CiTY OF VERNON OPERAT]NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 ELECrRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRiPT10N :NVO:CE P.0.# DATE NUMBER AMOUNT 001481-VERIZON WIRELESS 011.9019560010 S 0119019.560010 S 0119019560010 S 011.9019560010 S 0119019.560010 S 0119019.560010 S 0119019560010 S 0119019560010 5 0119019.560010 S 011.9019.560010 S 108.23 Period:12118 183.48 Period: 12118 298.95 Period:12118 540.74 Period:. l2/\8 1,566.53 Period:12118 7,876.08 Period: 12118 293.15 Period:12118 460.35 Period:12l18 747.16 Period, L21]^8 50.78 Period:12118 010719 MUピ「lPLE 010719 MULTIPLE 010719 MULTIPLE 010719 MULT!PLE 010719 MULTIPLE 010719 MULTIPL[ 010719 MULTIPLE 010719 MULTIPLE 010719 MULTIPLE 010719 MULTIPLE 01/31/2019 7949 5 6′12545 001581-THE GAS COMPANY 0111033.560000 0111033.560000 011.1049560000 0111043.560000 0201084560000 0111049560000 211 05 Period:12/18 44 36 Period:12/18 992.48 Period:12/18 496 24 Period:12/18 496 24 Period:12/18 737 46 Period:12/18 011419 011419{2) 011519 011519 011519 011519(2) 02/01/2019 7950 S 2,977.83 001581-THE GAS COMPANY 2119 P●nted:2/12/20199132:39AM 0111033560000 S 21 19 Period:12/18 011419(3) 02/01/2019 7951 S PaRe ll of 50 36 CilY OF VERNON OPERATING ACCOuNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 002412-CALIFORNIA ISO 0559200.500240 S 0559200500150 S 0559200.500210 S 055.9200500170 S 0559200500190 S 0559200.500150 S 0559200500190 S 055.9200500210 S 0559200.500170 S Transfer Frequency Response Charge lnitial Charges 01/19 lnitial CharBes 01/19 lnitial Charges 01/19 lnitial Charges 01/19 Recalculation CharBes 01/19 Recalculation Charges 01/19 Reca lculation Charges 01/19 Recalculation Charges 01/19 201901173140795 296 201901293140935 560 201901293140935 560 201901293140935 560 201901293140935 560 201901293140935 560 201901293140935 560 201901293140935 560 201901293140935 560 21,37026 210,102.64 20′27407 -14,962.53 -38′577.54 37,104.00 39954 15829 -99759 02/05/2019 7952 5 234′87114 002426- CH2M HILL ENGIN[ERS′INC 055 9000 596200 S 7,470.00 Env Support Services 697275CH004 02/05/2019 7953 S 1′47000 005034-KRONOSiNCORPORAT[D 0119019860000 S 0119019860000 S 314.43 Hardware & Software Usage Fees 314.42 Hardware & Software Usage Fees 11405139 11405139 62885 P“nted:2/12/20199132:39AM 02/05/2019 7954 S Page 12 of 50 AMOUNT DESCRIPT:ON :NVOiCE NUMBER AMOUNT 37 CITY OF VERNON OPERAT:NG ACCOuNT WARRANT REGISTER NO.16 FEBRUARY 19′2019 ELECrRONiC ACCOUNT tNVOtCE PAYMENT PAVMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPT10N INVO:CE P.0.# DATE NUMBER AMOUNTSSSSSSSSSSSSS 000209- MERRIMAC ENERGY GROUP 011 120030 011.120030 011120030 011120030 011120030 011120030 011120030 011.120030 011120030 011120030 011.120030 011.120030 011120030 6′293.71 DieselFuel. 12.87 AB32 Fee 5 97 Federal()il Spill Tax l′004.76 State Diesel Excise Tax 2.79 Lustfee 963.09 Clear Diesel Sales Tax 7,799.90 Un!eaded Fuel 14 09 CA Enviro/Fed O∥Sp∥l6.00 CA Ch∥dhood tead Fee 15.53 AB32 Fee l′668.83 State Gasoline Excise Tax 4.00 Lust Fee 427.87 Fue:Sales Tax 4.50% 2190116 2190116 2190116 2190116 2190116 2190116 2190117 2190117 2190117 2190117 2190117 2190117 2190117 011.0013605 011.0013605 011.0013605 011.0013605 011.0013605 0110013605 0110013605 0110013605 011.0013605 011.0013605 011.0013605 02/05/2019 7955 5 18′219.41 005356- HEMA PAT[L 011.1024.596500 011.1024.596500 0111024.596500 16.00 Data Consultant Meeting 18.00 Legal Consultant Meeting- 25.00 Business ExpositionSSS 010719 010719(2) 010719(3) 02/05/2019 7956 S 5900 002517-50 CALP∪BLiC POWER AUTHORITγ 123′61961 Pnnted:2/12/20199:32:39AM 0559200500154 S 123′619.61 Antelope DSRl Solar ProleCt DSR10119 02/05/2019 7957 S Page 13 of 50 38 CilY OF VERNON OPERATING ACCOUNT WARRANtt REGISTER NO.16 FEBRUARY 19′2019 006236‐SUEZ WrS SERVICES USA′INC 011 1033 590000 0111033.590000 011.1033.590000 011.1033.590000 011.1033.590000 284.70 Water Purification Services 116.56 Water Purification Services 99.04 Water Purification Services 90.28 Water Purification Services 113.88 Water Purification ServicesSSSSS 99617391 99626228 99626229 99627136 99651354 02/05/2019 7958 S 70446 004442-WIRELESSINNOVAT10N LIMITED 0559000900000 S 2,360 00 1ridium 45181 02/05/2019 7959 5 2′360.00 000714- CALPERS 011 1026 502096 S l′830,943 00 Prefund OPEB 020419 02/04/2019 7960 5 1′830′94300 003407‐VERNON POL:CE OFFiCERS BENEFIT 011210250 1,913.55 Police Association Member Dues: Payment 8en213359 01/31/2019 7961 S 1,91356 003141‐VERNON FIR[MENS ASSOC:AT10N 011210250 3,138.00 Fire House Fund: Payment Ben213361 01/31/2019 7962 S 3′13800 P百 nted:2/12/20199132:39AM Page 14 of 50 ELECTRONiC AMOUNT DESCRIPT10N 39 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 003168- ICMA RETIREMENT TRUST 457 011.210220 020210220 055210220 056.210220 057210220 011.210220 S 61,054.54 5 90650 S 7′542.20 S l,325.53 S 9500 S -30′00000 Deferred Compensation: Payment Deferred Compensation : Payment Deferred Compensation: Payment Deferred Compensation: Payment Deferred Compensation : Payment Deferred Compensation: Payment- Ben213353 3en213353 Ben213353 Ben213353 8en213353 Ben213353 01/31/2019 7963 S 40,923.77 003146-CilY OF VERNON′FSA ACCOUNT 011.100013 011100013 288 30 FSA―Dependent:Payment 253 47 FSA―Medical:Payment Ben213357 Ben213357 01/31/2019 7964 S 54177 printed:2/12/2019 9:32:39AM Patte 15 of 50 ELECrRONiC ACCOUNT lNVOiCE VENDOR NAME AND NUMBER NUMB[R I AMOuNT DESCRIPT10N"υ Mb=К ‐ ハIVIυ υ:ヽ:PAYMENT PAYMENT PAVMLNI AMOuNTP.0.#‐DATEI NUMBER 40 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGlSTER NO.16 FEBRUARY 19′2019 000714-CALP[RS 011210240 020.210240 055.210240 056.210240 057210240 011210240 020210240 055210240 056210240 057.210240 011210240 011.1004.530034 PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Buy-back: Payment Rounding adjustment 199′60848 8′81019 33′74337 3,31695 585.40 18042 14.15 3560 372 0.47 30885 ‐012 Ben213355 3en213355 Ben213355 Ben213355 Ben213355 Ben213355 Ben213355 Ben213355 Ben213355 Ben213355 Ben213355 Ben213355 02/04/2019 7965 S 246′60748 Pttnted:2/12/20199:32139AM Patte 16 of 50 AMOUNT DESCRIPT:ON 41 CilY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiS丁 [RNO。16 FEBRUARY 19′2019 ELECrRONiC VENDOR NAME AND NUMBER 004075-TH[DEPARTMENT OF THE TR[ASURY ACCOUNT :NV01CE PAYMENT PAYMENT PAYMENT NUMBER AMOuNT DESCR:PT10N INV01CE P.0。# DATE NUMBER AMOUNT 011.210210 020210210 055.210210 056.210210 057.210210 011210210 020210210 055210210 056.210210 057.210210 011210210 020210210 055210210 056.210210 020.210210 055210210 056210210 011210210 011.210210 011210210 011.210210 020.210210 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 8en213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 Ben213349 137′525.98 Federal VVithholding:Payment 6′729.65 Federa!Withholding:Payment 25,968.79 Federa!Withholding:Payment 2′821.46 Federal VVithholding:Payment 427 73 Federal Withholding:Pavment 30′592 40 Medicare:Pavment l′831.93 Medicare:Payment 6′542.80 Medicare:Pavment 616.00 Medicare:Pavment 99 20 Medicare:Payment 130.34 Sociai Security Tax:Pavment -46.20 Medicare:Payment～ ‐789.80 Medicare:Payment～ ‐132.00 Medicare:Payment～ -6 06 Medicare:Pavment～ ‐104 14 Medicare:Pavment～ -17.40 Medicare:Pavment～ -22′601.05 Federal withholding:Payment～ -3′849.24 Medicare:Pavment～ 3,298.06 Federal withholding:Payment～ 434 74 Medicare:Payment～ ‐15 08 Medicare:Payment～ Printed:2/12/2019 9:32139AM PaRe 17 of 50 42 ClTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGISTER NO.16 FEBRUARY 19′2019 ELECrRONIC ACCOUNT ]NV01CE VENDO薇 NAME AND NUMBER NUMBERI AMOUNT plscR:P■oN 004075-THE DEPARTMENT OF THE TREASURY 020210210 -26.39 Medicare: Payment- :NVOICE P.0.# PAYMENT PAYMENTIIDATE NUMBER PAYMENT AMOUINT Ben213349 02/01/2019 7966 S 189,431.72 001635-EMPLOYMENT DEVELOPMENT DEPT S 53′812.87 S 2,63591 S ll′004.15 5 1′09848 5 19477 5 -1386 S ‐236.94 S -3960 S -6,78031 5 98942 State Withholding: Payment State Withholding: Payment State Withholding: Payment State Withholding: Payment State Withholding: Payment State WithholdinB: Payment- State withholding: Payment- State Withholding: Payment- State withholding: Payment- State withholding: Payment- 011210210 020210210 055210210 056210210 057210210 020.210210 055.210210 056210210 011210210 011210210 Ben213351 3en213351 Ben213351 Ben213351 Ben213351 Ben213351 Ben213351 Ben213351 Ben213351 Ben213351 02/01/2019 7967 S 62′66489 004074-STATE DiSBURSEMENT UNIT 011 210260 011.210260 011210260 011210260 969 23 Ch∥d Support:Payment l′402.15 Child Support:Pavment 7892 Ch∥d Supporti Pavment 53.07 Child Support:PavmentSSSS Ben213363 Ben213363 Ben213363 Ben213363 02/05/2019 7968 S 2′503.37 33607 001552-HOME DEPOT CREDIT SERVICES Printed:2/12/2019 9132:39AM 0111033520000 S 336 07 Sma∥Tools&Plumbing Hardware～123118 MULTIPLE 011 0013222 02/05/2019 7969 5 PaRe 18 of 50 43 CITY OF VERNON OPERATlNG ACCOUNT WARRANT REGiSttER NO.16 FEBRUARY 19,2019 ELECrRONiC VENDOR NAME.AND NUMBER lNVOiCE AMOUNT DESCR,PT10N‐ ACCOUNT NUMBER lNVOICE PAYMENT NUMBER 000059-SO CAL[DiSON 0111042560000 S 206 1l Period:12/18 010819 02/05/2019 7970 5 20611 000249- FEDEX 0111003.520000 5 0559000520000 S 0111003520000 S 0111026520000 5 0111033520000 S 0559000520000 S 122.64 Period OUrg 39.67 Period: 01/19 196.12 Period:.07/19 81.15 Period:01/19 79.47 Period:01./19 194.12 Period:01/19 642764381 642764381 643424487 643424487 643424487 644072163 o2/06/20t9 7971 5 71317 001617- UPS 011_1041520000 S 0111033520000 S 43.09 Period:01/19 37.42 Period:01/19 933312039 933312039 02/06/2019 7972 S 8051 006198-JRM 0558100596200 S 37,474 67 Security Services 3175 0119019.590110 S 10,000.00 Geo Viewer online annual subscription 14451 02/07/2019 7973 5 37′47467 011.0013621005709- NOBEL SYST[MS′INC 02/07/2019 7s74 5 10′000.00 001658-WATER REPLENISHMENT DiSTRICT 0201084500110 S 17 5,639.29 G rou ndwate r P roductio n & Assessme nt 013119 02/07/2019 7975 S 175′63929 006494-WENDELL WALL 10500 P薔 nted:2/12/20199:32:39AM 0201084596700 S 105 00 Reimb.DIA/OCP Renewal 010719 02/07/2019 7976 5 PaRe 19 of 50 AMOUNT 44 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 005615-YVETTE W00DRUFF^PEREZ 011 1001 596500 S 25.09 LA County City Selection Committee 02/07/2019 7s77 5 001581-THE GAS COMPANY 056.5600560010 S 50.88 Period:12/18 011519(3) 02/08/2019 7978 S TOTAL ELEttRONiC S 4′571,299.52 Pttnted:2/12/20199:32:39AM Page 20 of 50 AMOUNT DESCRlPT:ON 45 C]TY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLV CHECKS ACCOuNT :NVO:CE PAYMENT CHECK PAVMENT VENDOR NAME AND NUMBER NUMBER AMOuNT DESCR」PT10N ]NVOICE P.0。# DATE NUMBER AMOUNT 006140-ALZHEIMERiS GREATER LA 011 1021.797000 5 40′000.00 CommUNllY Fund Grant 012219 01/29/2019 602030 5 40,000.00 001948-AT&T 011.9019.560010 S 20.69 Period:11/06/18-12/05/18 011.9019560010 5 2′556.29 Period:11/10/18-12/09/18 0119019560010 S 19.08 Period:11/10/18‐12/09/18 0119019.560010 S l′217.96 Period:11/10/18-12/09/18 0119019.560010 S l,316.66 Period:11/10/18-12/09/18 011.9019 560010 S l,032.63 Period:11/10/18‐12/09/18 011.9019560010 S 19 08 Periodl l1/15/18-12/14/18 12293529 12306740 12306741 12306743 12306744 12307176 12344115 01/29/2019 602031 S 6,182.39 000038-」EREMY CROSS 0111031.596500 S 156.00 Sherman Block SLI C!ass 423～010219(3) 01/29/2019 602032 5 156.00 000977- DEPARTMENT OF 011 1041 595200 5 5,310.14 Mapping Fee 4th Qtr2018 CONSERVAT:ON 011519 01/29/2019 602033 5 5′310.14 006496- ECHO PARENTING& 011.1021.797000 S 20,000.00 CommUNITY Fund Grant EDUCAT10N 012219 01/29/2019 602034 S 20,000.00 005825- FRONTIER 01/29/2019 602035 5 5501 Pttnted:2/12/20199:32:39AM 011.9019.560010 S 55.01 Period:12/16/18-01/15/19 121618 Page 21 of 50 46 CITY OF VERNON OPERAT]NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLY CHECKS ACCOUNT VENDOA NAMIIAND NUMBER NUMBER lNVO:CE AMOUNT DESCRiPT:ON :NVOiCE‐ ■I P.0。#PAYMENT I CHECK ‐ ・ PAYMENT DATE NUMBER AMOUNT 006498-GIRLS ON THE RUN OF LA 011 1021.797000 S 20,000.00 CommUNITY Fund Grant COUNIY OOO829 - IRON MOUNTAIN 011.9019.560010 S 196.17 Storage Services 012219 201779105 01/29/2019 602036 S 20,000.00 01/29/2019 602037 5 196.17 006497- LA DERBY DOLLS 011 1021.797000 S 40′000 00 CommUNITY Fund Grant 012219 01/29/2019 602038 5 40,000.00 000255 - LN CURTIS & SONS 011.1033.540000 s 5,158.82 Uniforms INV237818 01/29/2019 602039 5 5,15882 005203 - MRC SMART TECHNOLOGY 011.9019.590110 5 13,931.63 Managed Print services SOLUTIONS lN997987 01/29/2019 602041 S 13′931.63 ooo841 - NATTONAL LEAGUE OF CtTtES 011.1002.596550 s 270.89 Member Dues / M. Ayala 153087 000074-JOSE RAMOS 011.1031 596500 5 804 14 CA Robbery lnvestlgator Associajon 011619 001017-SPRINT 0119019.560010 S 34 16 Period:12/18 677975318206 006394-TELETRAC NAVMAN US LTD 011 1046 590000 5 5′324.18 GPS Fieet Mgmt Solu6on System 91459732 01/29/2019 602042 5 270.89 01/29/2019 602043 S 804.14 01/29/2019 602044 5 3416 01/29/2019 602045 S 5,324.18 Pnnted:2/12/20199:32:39AM Page 22 of 50 47 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLY CHECKS VENDOR NAME AND NUMBER ACCOUNT NUMBER lNVOICE AMOuNT DESCRiPT10N :NVOICE P.0.# PAYMENT DATE CHECKNUMBER PAYMENTAMOUNT 001447-WLER TECHNOLOGIES′lNC 0119019590110 S 82,002.50 Eden System Maintenance 45244600 01/29/2019 602046 S 82,00250 003143-AFLAC 011210223 020210223 055210223 056.210223 057210223 011210223 055210223 056.210223 011210223 0111004.530034SSSSSSSSSS 8′388 24 AFLAC(Pre―Tax):Payment l,298 00 AFLAC(Pre―Tax):Pavment l,687.87 AFLAC(Pre‐Tax):Payment 92.78 AFLAC(Pre Tax):Payment 6 05 AFLAC{Pre Taxl:Payment l′133 40 AFLAC(Post Taxl:Payment 167 96 AFLAC(Post Tax}:Pavment 144.72 AFLAC(Post Tax):Payment -7.80 AFLAC(Post Tax):Pavmenr O.40 Rounding AdJustment Ben213057 Ben213057 Ben213057 Ben213057 Ben213057 Ben213057 Ben213057 Ben213057 Ben213057 Ben213057 01/31/2019 602047 S 12′91162 005348-AGILITY RECOVERY SOL∪T10NS 0119019590110 S 415.00 Disaster Recovery Services 712003 01/31/2019 602048 S 415.00 005204-AMBERW!CK CORP 0111043.596200 S 1,523.20 Hazardous Waste Removal 52299 01/31/2019 602049 S 1,523.20 000487-AMERIPRIDE UNIFORM SERV!CES 80000 Printed:2/12/20199:32:39AM 0565610596702 S 800.00 Customer lncentive Program 012419 01/31/2019 602050 S PaRe 23 of50 48 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。16 FEBRUARV 19′2019 001970‐AQUA‐METRIC SALES 011.120010 5 4′02500 2150-240 Sensus Water Meter,OMN16∥ INV0070860 011 0013392 COMPANY 011.120010 S 382.37 Sales Tax 9 5%!NV0070860 01/31/2019 602051 S 4′407.37 004303-ATHENSiNSURANCE 011.1026594200 S 5′674.16 TPA Fees 01/19 SERVICES,INC !VC17378 012419 01/31/2019 602052 S S′67416 01/31/2019 602053 S 53′87500oo2740 - BAKER COMMODtTtES, tNC 056.5510.596702 s 53,875.00 Customer lncentive Program 001721-CALOX′INC 0111033590000 S 15.00 0xygen 3ottle Ren∥532867 01/31/2019 602054 S 1500 001401 - CENTRAL BASIN MWD 020.1084.500130 S 55,677.22 Potable Water Breakdown VERDEC18 01/31/2019 602055 S 65′67722 P面 nted:2/12/20199:32139AM Page 24 of 50 EARLY CHECKS DESCRIPT10N 49 ClTY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 005490-CINTAS CORPORAT10N 020.1084540000 0558000.540000 055.8100.540000 0565600.540000 020.1084540000 0558000540000 0558100.540000 056.5600540000 0201084.540000 055.8000.540000 055.8100540000 0565600.540000 0201084.540000 0558000.540000 055.8100.540000 056.5600.540000 020.1084.540000 0558000540000 055.8100.540000 056.5600.540000 0201084540000 055.8000540000 0558100.540000 83 19 Uniforms 63.59 Uniforms 15.72 Uniforms 36 78 Uniforms 143.27 UnifOrms 29 25 Uniforms 15.71 Uniforms 71.13 Uniforms 83.19 Uniforms 29.25 Uniforms 53 69 Uniforms 36.78 Uniforms 106.76 Uniforms 36.68 Uniforms 100.87 Uniforms 36 78 Uniforms lll.39 Uniforms 33.05 Uniforms l16.61 Uniforms 45.33 Uniforms 98 21 Unifbrms 32.88 Uniforms l12 98 UnifOrms 53319794 53319794 53319794 53319794 53323100 53323100 53323100 53323100 53326457 53326457 53326457 53326457 53329803 53329803 53329803 53329803 53333155 53333155 53333155 53333155 53336484 53336484 53336484 Printed:2/12/2019 9:32139AM Page 25 of 50 EARLY CHECKSL―=●L●‐''い ‐■ヽ二………………………………………………………………………………………………………=Tr'「電=■――――~~~~~――――…………………………………………………………………………………………………………………………………………■覇高層IF=亨 ´urrピ ●五▼M FNTPAYMENT CHECK PAYMENTACCOUNT iNVOICE NUMBER AMOUNT DESCR:PT:ON INV01CE P.0.# DATE NUMBER AMOUNT 50 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 EARLV CHECKS ACCOUNT INVOiCE ■・ I PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER I AMOUNT DESCR:PT:ON INV01CE P.0.#I DATE NUMBER AMOUNT 005490-CINTAS CORPORAT10N 0s5.s600.s40000 s 020.1084.s40000 s 055.8000.540000 s 0ss.8100.s40000 s 0s6.s500.540000 s 020.1084.s40000 s 055.8000.540000 s 0ss.8100.s40000 s 056.5600.s40000 s 020.1084.540000 s 055.8000.s40000 s 055.8100.s40000 s 056.5600.s40000 s 020.1084.s40000 s 05s.8000.540000 s 0ss.8100.540000 s 056.5500.s40000 s 34 88 Unifbrms 98 21 UnifOrms 29 25 Uniforms l16 61 Unifbrms 34.88 Uniforms 98.21 Uniforms 32.88 Unifbrms l12 98 Unifbrms 34.88 Uniforms 197.70 Uniforms 29.25 Uniforms l16 61 Uniforms 104.88 Unifbrms 141.23 Uniforms 32 88 Uniforms l12.98 Uniforms 59.91 Uniforms 53336484 53343187 53343187 53343187 53343187 53346530 53346530 53346530 53346530 53349825 53349825 53349825 53349825 53353153 53353153 53353153 53353153 01/31/2019 602056 5 2′88131 P“nted:2/12/20199:32:39AM Page 26 of 50 51 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.16 FEBRUARY 19′2019 003142-COLONIAL L!FE 011.210223 020210223 055.210223 056210223 011210223 011.1004.530034SSSSSS 4′539 24 CobnblSuppins(Pre Tax):Payment 606 84 Co!onia:Supp lns{Pre―Tax):Pavment l′334.12 Colonial Supp!ns(Pre^Tax):Payment 833 24 Colonia:Supp lns(Pre‐Tax):Pavment 230 06 Colonial{POSt Tax):Payment 0 03 Rounding Adiustment Ben213055 Ben213055 Ben213055 Ben213055 Ben213055 Ben213055 01/31/2019 602057 S 7′54353 000331-COMMERC:ALD00R OFLOS 0111049 590000 S ANGELES 1′350.00 Graded Gate Operator 17360 01/31/2019 602058 S 1′350.00 001906-WILLIAM DAVIS 0111048530015 S 370.38 Reimb. Possessory lnterest Tax-012319 01/31/2019 602059 S 370.38 000620‐ DEPT OF TOXiC SUBSTANCES 011 123100 CTRL 3,I28.46 Former Thermador lndustrial Site 18SM3528 01/31/2019 602060 S 3′12846 006522-FLORES DESIGN 0557200596702 S 14,465.85 Customer lncentive Program 012819 01/31/2019 602061 S 14′46585 004181-FRANCH:SE TAX 30ARD 011210260 020210260 055210260 419.68 Garnishment: Payment 148.41 Garnishment: Payment 841.00 Garnishment: Payment Ben213347 Ben213347 Ben213347 1,409.09 P面 nted:2/12/20199:32:39AM 01/31/2019 602062 S Page 27 of 50 NUMBER INVOICE NUMBER 52 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLY CHECKS reiEiiEii:i:ii]':.].:::.::.]::.,,],..!l.;ii::jiiii]!i:ii!i:'l!^YEi[cHEcxPAfiE!.!itxrioR itAME A D xuMBEn :::iili iiUMBER ArrrOU i tiEiciimo ,lit\iotcl P.O.l ':::'DAIE IIUMBER ATTOU I 000899-GALLS′LLC 011.1033850000 S 0111033850000 S 011.1033.850000 S 0111033850000 S 0111033850000 S 011.1033.850000 S 0111033.850000 S 0111033850000 S 011.1033.850000 S 0111033.850000 S 011.1033850000 S 0111033.850000 S 011.1033.850000 S 0111033850000 S 011.1033.850000 S 011.1033850000 5 0111033850000 S 0111033.850000 S 011.1033850000 S 0111033.850000 S 0111033.850000 S 011.1033850000 S 011.1033850000 5 243 70 SKUlT851 MDNV～ 23.15 Sales Tax 9 5% 175 70 SKU#SH372 MDNV～ 10 00 SKU#PEC01～ 3.98 SKU#UN597 WHT～ 14 15 SKU#LR370 BLK PLN～ 19 36 Sales Tax 9 5% 175 70 SKU#SH372 MDNV～ 10.00 SKU#PEC01～ 3.98 SKU#UN597 WHT～ 14 15 SKU#LR370 BLK PLN～ 19.36 Sales Tax 9.5% 175.70 SKU#SH372 MDNV～ 10 00 SKU#PEC01～ 3 98 SKU#UN597 WHT～ 207.70 SKU ZS796 MDNV～ 14 15 SKU#LR370 BLK PLN～ 39 09 Sales Tax 9 5% 175 70 SKU#SH372 MDNV～ 10.00 SKU I PEC01～ 3.98 SKU#UN597 WHT～ 207 70 SKU ZS796 MDNV～ 14 15 SKU#LR370 BLK PLN～ 10569343 10569343 10579049 10579049 10579049 10579049 10579049 10579051 10579051 10579051 10579051 10579051 10579055 10579055 10579055 10579055 10579055 10579055 10589104 10589104 10589104 10589104 10589104 0110013436 0110013436 011.0013436 011.0013436 011.0013436 011.0013436 011.0013436 011.0013436 011.0013436 0110013436 0110013436 011.0013436 011.0013436 011.0013436 0110013436 011.0013436 011.0013436 011.0013436 011.0013436 Printed:2/12/2019 9132139AM Patte 28 of 50 53 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19,2019 000899‐GALLS′LLC 011.1033850000 0111033850000 0111033.850000 0111033850000 011.1033850000 0111033850000 0111033.850000 0111033850000 0111033850000 0111033.850000 0111033850000 39.09 Sales Tax 9 5% 175.70 SKU#SH372 MDNV～ 10 00 SKU#PEC01～ 3 98 SKU#UN597 WHT～ 207.70 SKU ZS796 MDNV～ 14 15 SKU#LR370 BLK PLN～ 39.09 Sales Tax 9 5% 207 70 SKU ZS796 MDNV～ 19 73 Sales Tax 9 5% 207.70 SKU ZS796 MDNV～ 19 73 Sales Tax 9 5% 10589104 10818832 10818832 10818832 10818832 10818832 10818832 10841937 10841937 10841939 10841939 0110013436 0110013436 0110013436 0110013436 011.0013436 0110013436 0110013436 01/31/2019 602063 S 2′51995 006450-DELPHIA GARZA 0111048530015 S 345.79 Reimb. Possessory lnterest Tax-012319 01/31/2019 602064 S 34579 004834- LARRY D GONZALES 011.1048530015 S 274.68 Reimb. Possessory lnterest Tax-012819 01/31/2019 602065 S 274.68 Pnnted:2/12/20199:32:39AM Page 29 of 50 EARLV CHECKS NUMBER AMOUNT DESCRIPT:ON INVO:CE AMOUNT 54 CiTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 005350-HAUL AWAY RUBBISH SERV:CE CO′ 011.1048.596200 0111049.596200 0111033520000 011.1033.520000 0111033520000 011.1033.520000 0558400.596200 055.8400596200 0111043.596200SSSSSSSSS 67.50 Disposal & Recycling Services 213.00 Disposal & Recycling Services 57.50 Disposal & Recycling Services 67.50 Disposal & Recycling Services 57.50 Disposal & Recycling Services 57.50 Disposal & Recycling Services 142.00 Disposal & Recycling Services 408.15 Disposal & Recycling Services 2,923.95 Disposal & Recycling Services 8CX00819 8CX00820 8CX00821 8CX00822 8CX00823 8CX00824 8CX00825 8CX00826 8CX00827 01/31/2019 602066 S 4′024.60 000999‐ INTERSTAT[GAS SERViCES′ lNC 0565600.596200 S 14′333.80 Consu!●ng Services 12/18 7021462 01/31/2019 602067 S 14,33380 004143‐lNTERWEST CONSU[TING GROUP′lN 0111041.595200 S 5,212.69 Professional Services 45861 01/31/2019 602068 S 5′21269 001800-JSB F!RE PROTECTl()N′LLC 0111033595200 S 3,945.09 Plan Check Services 18212 01/31/2019 602069 S 3,945.09 005340-LA P00L GUYS 21000 Printed:2/12/20199:32:39AM 0111049.590000 S 210.00 Pool Maintenance 1036 01/31/2019 602070 S PaRe 30 of 50 NUMBER AMOUNT DESCR:PT:ON :NVO:CE PAYMENT DATE NUMBER AMOUNT 55 CITY OF VERNON OPERAT:NG ACCOuNT WARRANT REGISTER NO。16 FEBRUARY 19′2019 ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMB[R NUMBER AMOUNT DESCRIPT10N :NVOiCE P.0。# DATE NUMBER AMOUNT EARLY CHECKS 000138- LACPCA 0111031.596700 S 300 00 Reg`tra6on/A Miranda～120418 01/31/2019 602071 s 300.00 003272‐LANGUAGE LINE SERViCES′ !NC 011.1031594200 S 50.92 lnterpretation Services 4462615 01/31/2019 602072 S 5092 006491-MACLEOD WAttS′INC 0111004595200 S 4,575.00 Professional Services 180103V[RNO 01/31/2019 602073 5 4′575.00 006422- MAR!POSA LANDSCAPES′INC 011.1049590000 S 3,582.00 Landscape Maintenance 83009 01/31/2019 602074 5 3′58200 006520-MATHESON TR卜 GAS 0557200596702 S 30,599.37 Customer lncentive Program 012819 01/31/2019 602075 S 30′699.37 006485- MEDiCAL EY[SERViCES 011.210230 S 020210230 S 055.210230 S 056.210230 S 057.210230 S 011210230 S 011.210230 S 0111026.502031 S 0111004530034 5 4,109.32 Vision lnsurance:Pavment 279.44 Vision!nsura nce:Pavment 759.24 Vision lnsurance:Pavment 82 96 Vision lnsurance:Payment 13.16 Vision insurance:Payment -9.27 EE0221 Need to adiust●er 9 04 EE1084 Need to adiusttler 29.90 EE061l Separated 12/29/17‐COBRA l.33 Rounding Adiustment Ben213071 Ben213071 Ben213071 Ben213071 Ben213071 Ben213071 Ben213071 3en213071 Ben213071 5,275.12 P“nted:2/12/20199:32139AM 01/31/2019 602076 S Page 31 of 50 56 C:TY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 EARLY CHECKS 006228- MILLSOFT LLC 006124-ANTHONY MiRANDA 0119019.595210 S 875.00 Computer Programming Services 01/31/2019 602077 S 87500 0111031596500 S 156.00 LACPCA Spring Conference 120418 01/31/2019 602078 S 15600 000534-M∪TUAL OF OMAHA 011210223 020210223 055210223 056210223 057210223 011210223 011210223 020210223 055210223 056210223 057210223 011.210223 020.210223 055210223 056.210223 057210223SSSSSSSSSSSSSSSS 348.64 Voluntary Life Insurance: Payment 26.35 Voluntary Life lnsurance: Payment 67.47 Voluntary Life lnsurance: Payment 7.15 Voluntary Life lnsurance: Payment 0.92 Voluntary Life lnsurance: Payment -0.25 EE0175 Changed status 10/30/18 credit 3,437 .84 Lo ng-Te rm Disa bi lity I nsura nce: Payment 525.58 Long-Term Disability lnsurance: Payment L,291.42 Lo n g-Te rm Disa bility I nsu ra nce: Payment 391.16 Long-Term Disability lnsurance: Payment 2.60 Long-Term Disability lnsurance: Payment 2,752.66 Voluntary Life lnsurance: Payment 268.20 Voluntary Life lnsurance: Payment 711.65 Voluntary Life lnsurance: Payment 137.00 Voluntary Life lnsurance: Payment 33.75 Voluntary Life lnsurance: Payment Ben212687 3en212687 Ben212687 Ben212687 Ben212687 Ben212687 Ben213053 Ben213053 Ben213053 3en213053 Ben213053 3en213053 Ben213053 Ben213053 3en213053 Ben213053 10,10214 Printed:2/12/20199:32:39AM 01/31/2019 602079 S Page 32 of 50 VENDOR NAMIIANDIN‐utv,ER NUMBER AMOUNT DESCRIPT10N | :NVOiCE P,0:#■|・ DATE NUMBER AMOUNTPAYMENT I CHECK 57 CITY OF VERNON OPERATING ACCOuN丁 WARRANT REGiSTER NO.16 FEBRUARY 19,2019 004451-QUALllY J[T R00TER′INC 011.1049590000 S 395.00 Plumbing Maintenance 25016 01/31/2019 602080 S 395.00 006521- RELIANCE STEEL COMPANY 055 7200 596702 5 2,687.OO Customer lncentive Program 012519 01/31/2019 602081 S 2,68700 005790-SIMON VVIND′lNC 0559000.900000 S 1,000.00 Meteorological Services 1812 01/31/2019 602082 S 1,00000 006438-STREAM KIM HlCKS WRAG[ 0111024593200 5 7,526.00 Professional Services-1940 01/31/2019 602083 S 7′52600 006132-THYSSENKRUPP ELEVATOR CORPORAT 011.1049590000 S 639.51 Elevator Repairs 3004318488 01/31/2019 602084 s 63951 004441-U.S.DEPT OF EDUCAT!ON NAT10NA 011210260 408.74 Garnishment: Payment Ben213345 01/31/2019 602085 S 408.74 000429- UC REGENTS 011.1033596200 S 2,54L.83 CElQl Services 01/19 2066 01/31/2019 602086 s 2′541.83 005152 - VASQUEZ & COMPANY, LLP 011.1004.595200 s 12,000.00 Professional Services 21810381N 01/31/2019 602087 S 12′00000 005699-WEBCO LB LLC 9,145.00 Pttnted1 2/12/2019 9132139AM 0111043590000 S 9′145 00 Street Sweeping Services 12/18 LB4374 01/31/2019 602088 5 Page 33 of 50 NUMBER AMOuNT DESCR:PT10N INVO:CE NUMB[R 58 CilY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19,2019 EARLV CHECKS VENDOR NAME AND NUMBER ACCOuNTNUMBER AMOuNT DESCR:PT10N :NVOICE PAVMENT DATE NUMBER 003584- WILLIAMS DATA MANAGEMENT 0111003596200 S 1,379.55 Storage Services 453806 01/31/2019 602089 S 1′37955 006524- EDWARD DIAZ 011.1031.502090 S 660.40 Reirnb Claim for Damages～013119 02/05/2019 602090 s 66040 000529- EPIC LAND SOLUT10NS′INC 011.1004595200 S 21,718.75 Professional Services 11180681 02/05/2019 602091 S 21,71875 006470-MAZDA COM PUTING 011.9019520010 0119019520010 011.9019.520010SSS 6,098.72 Storage Expanslon Array.24 bay′ 206 00 Freight 579.38 Sales Tax 9 5% 6415 6415 6415 011.0013537 0110013537 02/05/2019 602092 S 6′88410 002196‐POW[R MONITORS′INC 0558000.590000 0558000590000 0558000.590000 0558000590000 055.8000590000 055.8000590000SSSSSS 15.80 Patts&Materlals for RA#16524 190.00 Labor Billed 760 73 Parts&Materia:s for RA#16525 85 00 LaborB∥led～ 14 73 Freight 73.78 Sales Tax 9 5% 10030062 10030062 10030062 10030062 10030062 10030062 0550002713 055.0002713 0550002713 0550002713 055.0002713 02/05/2019 602093 S 1,14004 006492-PRODIGY MOVING& STORAGE′LLC 75000 Printed:2/12/20199:32:39AM 0111048590000 S 750.00 Moving Services 43671 02/05/2019 602094 S Page 34 of 50 | | :NVOICE 59 CiTY OF VERNON OPERAT:NG ACCOuNT WARRANT REGiSTER NO.16 FEBRUARY 19,2019 EARLY CHECKS VENDOR NAME AND NUMBER ACCOUNT NUMBER lNVOICE AMOUNT DESCRIPT:ON INVOICE P.0.# PAYMENT DATE CHECK NUMBER PAYMENT AMOUNT 000449- UNDERGROUND SERVICE ALERT 0201084.596200 5 109 00 New Ticket Charges 1220180772 02/05/2019 602095 S 10900 006146- W[ST―LIT[SUPPLY COMPANY′INC 011.1049520000 0111049.520000 0111049520000 300.00 Drums for Recycling 8 foot lamps. 72.00 Pick up Recycled 8 foot lamps. 28.50 Sales Tax 9.5% 62362C 62362C 62362C 0110013590 011.0013590 02/05/2019 602096 S 40050 006526-ACCESSIBLE CONSTRUCT10N 011 1048 900000 0111048.900000 0111048900000 7,LL7.20 1 EZ Access 4' x 5' modular ramp with 3,447.36 1 EZ Access 24" modular ramp with 433.53 Sales Tax 9.5%SSS9232 9232 9232 0110013632 0110013632 02/07/2019 602097 s 4,998.19 006482-ADAMANT BARB[LL 0111033850000 011.1033850000 0111033850000 0111033850000 0111033850000 0111033850000 0111033850000SSSSSSS 273 60 Troy Pro‐Style Rubber Dumbbe∥s551b 289 27 Troy Pro―Style Rubber Dumbbe∥s60ib 304.95 Troy Pro―Style Rubber Dumbbe∥s651b 312 78 Troy Pro―Style Rubber Dumbbe∥s70ib 321 34 Troy Pro―Style Rubber Dumbbe∥s751b 337.01 Troy Pro―Style Rubber Dumbbe∥s801b 174 70 Sales Tax 9 5% M8314 M8314 M8314 M8314 M8314 M8314 M8314 0110013581 0110013581 0110013581 0110013581 011.0013581 0110013581 2′013.65 Printed:2/12/20199:32:39AM 02/07/2019 602098 s PaRe 35 of 50 60 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 EARLY CHECKS ACCOUNT ψ="bOR NAME AND NUMBE薇 |■|I NOMBER lNVOICE IIIII■‐ AMOUNT DESCRIPT10N :NVOiCE I P.0.# PAVMENT I CHECK PAYMENT ・I DATE NUMBER AMOuNT 000518-AD―UR―FIRM 011.1046.520000 S 226.00 12H citv Sea:s/logos 0111046.520000 S 21 47 Sales Tax 9 5% 011.1046 520000 S l,220.40 12"city seais/1ogos 011.1046520000 S 131.20 8"city seais/logos 0111046.520000 S 128.40 Sales Tax 9.5% 4956 4956 4958 4958 4958 0110013493 0110013555 0110013555 02/07/2019 602099 S l′72747 006527‐ FREDRiCK AGYIN 011 1060 596500 S 694 84 CalRecvcle Technical Training 121918 02/07/2019 602100 S 69484 001624-ALLSTAR FIRE EQUIPMENT′ 011.1033.520000 S 497.25 Pelican―p/n3415/LED Right Angle 212679 011 0013584 1NC 0111033.520000 S 47 24 Sales Tax 9.5% 212679 011.1033.570000 S 342 42 Gemtor‐p/n531‐3/Pompier Belt′Large 212729 011.0013582 0111033.570000 S 342.42 Gemtor‐p/n531-4/Pompier Belt′Extra 212729 011.0013582 0111033570000 S 49.92 Gemtor―p/n540/Life Belt Ext.18∥ 212729 011.0013582 011.1033.570000 S 24 80 Fre:ght 212729 011.0013582 0111033.570000 S 69 80 Sales Tax 9 5% 212729 011.1033.520000S 315.00 Gear Keeper‐p/n RT2‐4022/Fire Mに 212773 0110013584 011.1033520000 S 29.93 Sales Tax 9 5% 212773 02/07/2019 602101 S l′718.78 OO2t77 - BASIN VALVE COMPANY 056.5600.520000 S 175.00 Gas Supplies- 02/07/2019 602102 5 17500 Printed:2/12/2019 9:32:39AM 142435 056.0000523 Page 36 of 50 61 CiTY OF VERNON OpERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLY CHECKS ACCOUNT INV01CE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOuNT DESCRIPT10N INVOICE P.0.# I DATE III NUMBER AMOuNT 004448- BAT rERY SYSTEMS′lNC 011120010 011.120010 011120010 011120010 011120010 011.120010 1′00000 0705-100 0il―Dri O∥Sorb′50 1bs 23040 1210-280 Proce∥AAA Ce∥A!ka∥ne 57600 1210‐290 Proce∥AA Ce∥メヽlkaline l1520 1210-300 Proce∥C Ce∥メヽlkaline l1520 1210-600 Proce∥D Ce∥Alkaline 193.48 Sales Tax 9 5% 4754158 4754158 4754158 4754158 4754158 4754158 011.0013598 011.0013598 0110013598 0110013598 0110013598 02/07/2019 602103 5 2′230.28 006054- BEARCOM 0111033594000 S 1,581 66 SC Service Agreement 4772077 02/07/2019 602104 S 1′58166 004163-CENTRAL FORD 0111046.520000 S 0111046520000 S 011.1046.590000 5 011.1046.520000 S 0111046590000 S 93.17 fb5z 6038 b insulator 47.47 db9z 6068a housing 502.36 labor 14.42 Sales Tax 10.25 330.00 Labor to replace fuel pump. C38346 C38346 C38346 C38346 W39030 0110013552 011.0013552 011.0013552 0110013553 02/07/2019 602105 S 98742 001108- CITY OF BELL 011200200 119′134 20 CommUNITY Fund Grant 013019 02/07/2019 602106 S l19′13420 001473-C!TY OF DOWNEY 3′293.50 P∥nted:2/12/20199:32:39AM 0111060595200 S 3′293_50 Animai Contro:Services～232877 02/07/2019 602107 S Page 37 of50 62 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARV 19′2019 EARLY CHECKS ACCOUNT :NVOiCE ‐ I PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER ■ AMOUNT DESCRIPT:ON INVOICE P.0.#■‐|‐I DATE NUMBER AMOUNT 003856- COMM[RC:AL TIRECOMPANY 0111046520000 011.1046.590000 0111046590000 0111046.590000 0111046.520000 873 00 LT245/75R16 michelinに x jres 10 50 State jre fee 45 00 DispOsalfee l17.00 Laborto dismount and rnount 82 94 Sales Tax 9.5% 1149988 1149988 1149988 1149988 1149988 011.0013501 0110013501 011.0013501 0110013501SSSS 02/07/2019 602108 S 1′12844 001444-COUNTY OF LOS ANGELES 0111043595200 S 775.88 Traffic SiBnal Maintenance REPW19010703167 02/07/2019 602109 S 77588 001336‐CURRENT WHOLESALE ELECTR:C SUP 0111049520000 0111049520000 0558000.590000 011.1049520000 0111049.520000 0111049520000 0111049.520000 011.1049.520000 0558400590000SSSSSSSSS 724.77 Electtical & Hardware Supplies- 19.98 Electrical & Hardware Supplies- 410.53 Electrical Supplies" 15.28 Electrical & Hardware Supplies- 639.53 Electrical & Hardware Supplies- 14.83 Electrical & Hardware Supplies- 134.35 Electrical & Hardware Supplies- 159.54 Electrical & Hardware Supplies- 898.27 Electrical Supplies- 255649 255714 255715 255716 255764 255765 255766 255767 256039 011.0013212 0110013212 0550002667 0110013212 0110013212 011.0013212 0110013212 0110013212 055.0002667 02/07/2019 602110 s 3,018.38 000970-DANGELO CO 74314 P∥nted:2/12/20199:32:39AM 011120010 743 14 Water Parts～S1354737001 0110013214 02/07/2019 60211l S Patte 38 of 50 63 CIIY OF VERNON OPERAT:NG ACCOUNT WARRANT REGlSIER NO.16 FEBRUARY 19′2019 003073-ECSIMAGING′INC 0111060.595200 S 13′250.00 Scanning Praectfor HD 13792 02/07/2019 602112 S 13′250.00 001926-F GAVINA&SONS′INC 0111004.520000 S 39.24 Maintenance & Repair 9155903 02/07/2019 602113 S 39.24 000899-GALLS′LLC 011.1033.540000 0111033540000 011.1033540000 011.1033.540000 011.1033.540000 0111033.540000 908.10 1tem#SJ566 Y[L～ 143 88 item#HT002 2 LN～ 174.85 :tem#SJ566 Y[L～ 23 98 item#HT002 2LN～ -191.00 Price difFerence l17 86 Sales Tax 9.5% 11582864 11582864 11582864 11582864 11582864 11582864 011.0013609 0110013609 011.0013609 0110013609 011.0013609 02/07/2019 602114 S 1,177.67 005806-GIRL SCOUTS OF GREATER LA. 0111021.797000 S 30′000 00 ConlmuNITγ Fund Grant 013019 02/07/2019 602115 S 30,00000 001712-GRAINGER′CO 011.1043520000 5 115.51 Building Hardware～9029335628 0110013220 02/07/2019 602116 S 11551 003490-H&H WHOLESALE PARTS 0111046.520000 S 011.1046520000 S 162.72 ACD 10-9246 dexos 5w‐20 fu∥synthetlc 15.46 Sales Tax 9 5% llN0257662 11N0257662 178.18 Printed:2/12/2019 9:32139AM 011.0013550 02/07/2019 602117 S PaRe 39 of50 NUMBER AMOuNT DESCR:PT10N :NV01CE PAYMENT DATE NUMBER AMOUNT 64 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 001346- HAAKER EQUIPMENT COMPANY 011.1046520000 S 011.1046.590000 5 0111046520000 5 121 42 EL 1041238 air regulator valves 17.82 Freight ll.53 Sa!es Tax 9.5% C48211 C48211 C48211 0110013499 011.0013499 02/07/2019 602118 S 15077 000346-HDL SOF「WAR[′LLC 011.9019590110 S 7′519.47 Permit Tracking software～136701N 0110013611 02/07/2019 602119 S 7,51947 003983-lNTERNAT10NAL CODE COUNCiL 011.1041.596550 S 135.00 Membership Dues / Y. Ramirez 3218169 02/07/2019 602120 S 135.00 005080-」AS PACIFIC 0111041595200 S 011.1041.595200 5 880.00 Plan Check & lnspection Services 2,8L2.50 Plan Check & lnspection Services B113175 PC5260 02/07/2019 602121 S 3′69250 000705‐LA―Z―BOY FURNITURE GALLER!ES 011.1033850000 S 011.1033850000 S 011.1033850000 S 12′512.39 VendorStock No 010502 LD963286 FN 007 169.99 Freight l′204.69 Sales Tax 9.5% 011019 011019 011019 0110013502 0110013502 13′887.07 Pnnted:2/12/20199i32:39AM 02/07/2019 602122 5 PaRe 40 of50 NUMBER AMOuNT DESCRIPT10N lNVOiCE NUMBER AMOUNT 65 CilY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLY CHECKS VEN00R NAME AND NUMBER ACCOUNT NUMBER INVOiCE AMOuNT DESCRIPT10N :NVOiCE P.0.■ PAYMENT DATE NUMB[R PAYMENT AMOUNT 000804-LB」OHNSON HARDWARE CO #1 0111046.520000 011.1049.520000 0111048520000 011.1049.520000 0111049520000 011.1046.520000SSSSSS 42 06 PIumbing&Building Hardware～ 84.74 P!umbing&Bunding Hardware～ 24 71 Plumbing&Building Hardware～ 19.09 Plumbing&Bu∥ding Hardware～ 5 36 Plumbing&Building Hardware～ 15.02 Plumbing&Building Hardware～ 700815 700903 700991 701076 701119 701128 0110013208 011.0013208 0110013208 011.0013208 0110013208 011.0013208 02/07/2019 602123 S 190.98 002732- LEXIPOL′LLC 0114031594200 S 6,950.00 LE lmplementation Service 25881 02/07/2019 602124 5 6′95000 001060- LiFE―ASS:ST′INC 0111033520000 S 0111033520000 S 2,405 23 Medica:Supplies～ 1,101 63 Medical Supplies～ 894203 894365 0110013224 0110013224 02/07/2019 3′50686 000121-LUlS LIGHTHOUSE′lNC 0111046520000 S 0111046520000 S 89.60 75908 2 pOsi6on switch 8 52 Sales Tax 9 5% 1130138 1130138 011.0013549 602125 S 602126 S02/07/2019 9812 001150- MCMASTER CARR SUPPLYCOMPANY 0558000590000 S 0558400590000 S 0558400590000 S 549.14 Hardware Supplies- 223.97 Hardware Supplies" 391.02 Hardware Supplies- 80711832 81622670 81866797 0550002676 0550002676 055.0002676 1,164.13 P●nted:2/12/20199:32:39AM 02/07/2019 602127 S Page 41 of 50 66 CilY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 EARLY CHECKS INVOICE ‐ CHECK NUMBERAMoUNT DESC111す :ON INVOICE 000039- MDE′INC 0119019.590110 S 600.00 Hosted Maintenance Renewal with Service 7735 P.0:1■|||||| 0110013591 02/07/2019 602128 S 60000 000217- MULTIQUIP′INC 011.2031850000 011.2031850000SS 4′330.24 item No.0010/Material No.GBC8LED～ 346 42 Sa:es Tax 8 0% 93177116 93177116 0110013543 02/07/2019 602129 4′676.66 000629‐ OPEN ACCESS TECHNOLOGY 055 9200.596200 S iNTL′|817.25 Electronic Tagging-143409 0550002669 02/07/2019 602130 5 817.25 003782-CARLOS OURIQUE 0112031596500 S 11.99 Horizontal Gaze Nystagmus 012919 02/07/2019 602131 S 1199 000296-NICHOLAS P[REZ 0111031.596500 S 40.00 POST Management Course 011719 02/07/2019 602132 5 4000 001943-PLUMBING&INDUSTRIAL S∪PPLY 0111049520000 0201084520000 0111049520000 0111049520000 0111049520000SSSSS 4 60 Plumbing&Building Hardware～ 141.38 Plumbing Hardware&Supplies～ 31 96 Plumbing&Building Hardware～ 13.62 Plumbing&Bu∥ding Hardware～ 62.08 Plumbing&Building Hardware～ S1212109001 S1212291001 S1212734001 S1212745001 S1213077001 0110013209 0110013198 0110013209 011.0013209 0110013209 25364 Pnnted:2/12/20199:32:39AM 02/07/2019 602133 S Page 42 of 50 NUMBER AMOUNT 67 CiTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 EARLY CHECKS ACCOuNT iNVO:CE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCR:PT10N INVOICE P.0.■ DATE NUMB[R AMOUNT 000163- PROFORMA EXPRESS 011 1004 520000 S 9996 W-2 Double Window [nvelopes～ 9015602548 0110013542 GRAPHiCS 0111004520000 S 19 45 1099 Envelopes～ 0111004.520000 S ll.34 Sa!es Tax 9 5% 9015602548 0110013542 9015602548 02/07/2019 602134 S 130.75 006525- RESOURCES RECYCLING& 011.3061440100 S 13′034 15 Unspent Advance Funds RECOVERY 1160910 02/07/2019 602135 S 13′034.15 003869- RICHARD P GUESS MD′:NC 011.1033.596200 5 750.00 Medical Director Fees～123118 02/07/2019 602136 5 750.00 000179-SANDLER BROS 011.120010 S l′656.00 0560‐300 Cotton Knit Rags′50!bs.per 213292:N 011.0013599 011 120010 5 157 32 Sa!es Tax 9.5% 2132921N 02/07/2019 602137 5 1′813.32 003775‐ SiLVAIS PRINTING NETWORK 055 7100 520000 5 702 90 Qty:1000～ 0557100.520000 S 66 78 Sales Tax 9.5% 26852 26852 0550002704 02/07/2019 602138 5 769.68 004458 - SPIEGEL & MCDIARMID, LLP 055.9000.593200 S 545.94 Professional Services 11118 02/07/2019 602139 S 546.94 Printed:2/12/2019 9:32:39AM 210211987 Page 43 of 50 68 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.16 FEBRUARV 19,2019 EARLY CHECKS ACCOuNT IIII■lNVOICE I I II PAVMENT CHECK PAYMENT VENDOR NAME AND NuMBER NUMB[R ‐AMOUNT DESCRIPT:ON :NVOiCE P101■ OATE NUMBER AMOUNT 000191-STATE STREET LAUNDRY 011.1031.520000 5 0111031.520000 S 0111031520000 S 0111031.520000 S 5.30 Laundry Services- 6.60 Laundry Services- 9.90 Laundry Services- 7.20 Laundry Services- 11717 11718 11719 11720 0110013233 011.0013233 0110013233 0110013233 02/07/2019 602140 S 3000 002379-STORAGE BttERY SYSTEMS′ INC 0558000520000 0558000.520000 0558000520000 0558000520000SSSS 29500 !TEM#6500-PIN‐PROBE～ 250.00 :TEM#200/3-SPR―PRT―KIT～ 32.00 Freight 51 78 Sales Tax 9 5% 712658 712658 712658 712658 055.0002712 055.0002712 0550002712 02/07/2019 602141 5 62878 006012-TOYOTA―LIFT OF LOS ANGELES 0111046520000 0111046520000 0111046.520000 0111046.520000SSSS 1′146.38 Parts&Materials 467 50 Fees&Charges 2′047.56 Laborto inspect and repair 153 32 Sales Tax 9.5% PS10108805 PS10108805 PS10108805 PS:0108805 0110013496 0110013496 0110013496 02/07/2019 602142 S 3,81476 003903-US HEALTHVVORKS MEDICAL GROUP′ 0111026597000 S 556.00 MedicalSeドvices 3455002CA 02/07/2019 602143 S 55600 002886‐WALTERS WHOLESALE ELECrrRIC′CO 175.21 Printed:2/12/20199:32:39AM 011.1049.520000 s 175.21 Electrical Hardware-Sl12155577001 0110013215 02/07/2019 602144 5 Page 44 of 50 69 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGiSttER NO。16 FEBRUARY 19′2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAVMENT VENDOR NAME AND NUMBER NUMBER AMOuNT DESCRIPT10N INVOiCE P.0.■ DATE NUMBER AMOUNT 006372-XPRESS WASH′lNC 011.1046.590000 S 361 00 Car Wash Services 011.1046590000 5 864.00 Car VVash Services 02/07/2019 602145 5 1′22500 001153 - ZUMAR TNDUSTRIES, rNC 011.120010 5 r,877.86 Regulatory Signs-81455 0110013216 02/07/2019 602146 S l,877.86 TOTAL EARLY CHECKS s 829,769.11 Pnnted:2/12/20199:32:39AM Page 45 of 50 70 CilY OF VERNON OPERATING ACCOUNT WARRANT REG:STER NO.16 FEBRUARY 19′2019 WARRANTS 006529-3314〔弘3320 FRUITLAND AVE′LLC 0111040400900 S 1′809 04 Ref lst ParcelTax#6310002017～020519 02/19/2019 602147 1′80904 000005-A THRONE CO′INC 011.1043.520000 S 111.33 Portable Restrooms 562598 02/19/2019 006362-AIR―TRO′INC 0111049.590000 S 6′700 00 Heatlng&AC Replacement 381907 02/19/2019 004724-AMERICAN LEGAL PUBLISHING CORP 0111003.596200 5 109.23 Vernon Code of Ordinances 126526 02/19/2019 602150 005475- MARIA AYALA 0111003596500 S 182.75 CA League of Cities New Law Conference 010819 02/19/2019 000294-BACKFLOW APPARATUS& VALVE COM 011.1049590000 S 480.00 Backflow Valve lnspection 888127 02/19/2019 005366- BLACK&WHITE EMERGENCY 011 1031.570000 S VEHiCL 80.00 Camera System Troubleshoot 2873 02/19/2019 006293 - B-LINE INVESTIGATIONS, INC 011.1031.595200 s printed:2/12/20199:32:39AM 450.00 Background lnvestigation Services 1029 02/19/2019 602154 NUMBER AMOUNT DESCR:PT:ON :NVOICE NUMBER AMOUNT 11133 602149 S 6′70000 109.23 182.75 48000 8000 450.00 PaRe 46 of 50 71 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。16 FEBRUARY 19′2019 WARRANTS ACCOUNT INVOiCE PAYMENT CHECК PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCR:PT:ON :NVOICE P.0.# DATE NUMBER AMOUNT 001095 - CHEM pRO LAB, tNC 011.1049.590000 s 314.00 water Treatment service 645032 02/19/2019 602155 S 314.00 004787-CLEAR INVESTIGATIVE 011 1048.596200 S 45 50 Background Check ADVANTAGE′ 113577 02/19/2019 602156 S 4550 005113-COLANTUONO′HIGHSMITH 011.1003596300 5 3′162 00 Re:Electlon Advice &WHATLE 37925 02/19/2019 602157 5 3,16200 003065 - HDL COREN & CONE 011.1004.595200 5 1,250.00 Contract services PropertyTax-261851N 02/19/2019 602158 5 1′25000 004143 - TNTERWEST CONSULTTNG 011.1041.595200 s 4,812.50 Professional services GROUP, IN 46640 02/19/2019 602159 5 4′812.50 001096^ MELVYN GREEN& 011.1041.595200 S 699 21 Plan Check Services 01/19 14137 ASSOCIATES′INC 02/19/2019 602160 S 69921 000266- LAWRENCE MUN0 011 1033 596700 S 490.00 Reimb.S-230〔晏S‐231 Course 012419 02/19/2019 602161 S 490.00 004451- QUALITY JET R00TER′lNC 011 1049.590000 S 169 00 Plumbing Maintenance 02/19/2019 602162 5 16900 P“nted:2/12/20199:32:39AM 25084 PaRe 47 of 50 72 CtW OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.16 FEBRUARY 19′2019 006095-SOUTH BAY HEATING&AIR CONDIT 0111049590000 S 10,600 00 insta∥4 Ton Heat Pump 20181209001 02/19/2019 602163 S 10,600.00 006438-STREAM KIM HiCKS WRAG[ 011.1024.593200 S 7,051.45 Professional Services-2112 02/19/2019 602164 S 7′051.45 006133-」OHN V1lTOR10 0111033596700 S 80.00 Reimb. Rescue Systems ll Course 020619 02/19/2019 602165 5 003584-VVILLIAMS DATA MANAG[M ENT 011.1003596200 0111003596200 375.00 Storage Services L,322.82 Storage Services 455747 456699 02/19/2019 602166 S 1′69782 006372-XPRESS WASH′!NC 0111046590000 5 714.00 Car Wash Services 10311 02/19/2019 602167 S 714.00 TOTAL WARRANTS S 41,007.83 Printed:2/12/20199:32:39AM Page 48 of 50 WARRANTS VENDOR NAME AND NUMBER NUMBER AMOUNT 73 C:TY OF VERNON OPERAT:NG ACCOUNT WARRANT REGISTER NO.16 FEBRUARY 19′2019 RECAP BY FUND FUND ELE(■RONIC TO■AL EARLY CHECK TOTAL WARRANT TOTAL GRAND TOTALS 011-GENERAL 020-WATER 055-LIGHT&POWER 056-NATURAL GAS 057-FIB[R OPTIC GRAND TOTAL TOTAL CHECKS TO BE PR:NTED 21 3,140,237.02 S 227′77716 1,157′99183 20,388.59 24,904.92 624′13927 S 70′341.78 63′862.54 71,369.04 56.48 41,007.83 S O.00 0.00 0.00 000 3,805,384.12 298′118.94 1,221′85437 91,75763 24′961.40 4,571,299.52 $829,769.1l S 41′007.83 S 5,442,076.46 P薔 nted:2/12/20199:32:39AM Page 49 of 50 74 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGlSTER NO.16 FEBRUARY 19′2019 VOID LiST CHECKNUMBER VENDOR NAME 602040 MIRANDA S 156.00 Printed:2/12/20199:32:39AM PaRe 50 of 50 75 City Council Agenda Item Report Agenda Item No. COV-89-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: February 19, 2019 SUBJECT Approval of City Payroll Warrant Register No. 752 Covering the Period of January 01 through January 31, 2019 Recommendation: A. Approve City Payroll Warrant Register No. 752 which totals $4,617,287.15 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $3,656,571.59. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $960,715.56. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared City Payroll Warrant Register No. 752 covering claims and demands presented during the period of January 01 through January 31, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. City Payroll Warrant Register No. 752 76 Raquel Franco ]|211212019 10:44 AM PAYROLL WARRANT REGISTER City of Vernon No.752 Month of January 2019 I hereby Certify: that claims or demands covered by the above listed warrants have been audited as to accuracy and availability of funds for payments thereof; and that said claims or demands are accurate and that funds are available for payments thereof. This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for pay- ments DATE DATEDirector of Finance Date: f )fEBRUNRY l2 Page 1 of 1 PayrollWarrant Register Memo : Warrani 77 Pavro∥s re●orted forthe month of」anuarv: Paydate 01/03/19 Paydate 01/03ノ 19 Paydate 01/03/19 Paydate 01/10719 Paydate 01/15/19 Paydate 01/17ノ 19 Paydate 01/17719 Paydate 01/17/19 Paydate o1/31/19 Paydate 01′31/19 12709/18‐12/22′18, 12/09/18‐12/10718, 12′22/18‐12/22718, 01/10/18‐01/10/18, 01/15/19‐01/15′19, 12′23/18‐12/23718, 12/23/18‐12/30/18, 12′23/18‐01/05′19, 01706/18‐01/19/19, 01/06/18-01′06/19, Payment Method Date Payment Description Amount CHECKSACH ACHACHACHACH ACH ACHACHCHECKSACHACH ACHACHCHECKSACH ACH CHECKSACH ACH ACH ACH ACHACH ACH 601804 601808ACH ACHACH ACH ACHACH ACHACHACH 601937 601946ACH Total net paytoll and payroll taxes 01/03/19 01/03/19 01/03/19 01/03/19 01/03/19 01′03/19 01/03/19 01′10/19 01′15/19 01/17719 01/17/19 01/17719 01′17/19 01/17/19 01/17′19 01/17/19 01/17/19 01/31/19 01/31/19 01ノ31/19 01ノ31/19 01/03/19 01′03′19 01/03/19 01/03/19 01′03/19 01/03′19 01/03/19 01703′19 01/03/19 01/03′19 01′17′19 01/17/19 01/17/19 01/17/19 01/17ノ 19 01/17ノ 19 01/17/19 Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, direct deposits Payroll taxes Net payroll, direct deposits Payroll taxes Payroll taxes Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, direct deposits Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, direct deposits Payroll taxes S 13,07667 864194836 243,26078 119,92502 54,94213 9,35135 4,26032 1508 2639 15,37176 841,08778 231,52310 71,201 18 33.23060 13990 2,93790 1,38600 15,13799 872,16632 247,37439 10,48635 472222 3,656,57159 41.51708 247.08037 2,87213 98941 40874 3,70368 3,13800 1,85739 25,00000 4,18391 40,49615 250,68673 2,87213 2,55600 98941 40874 3,13800 ICMA CalPERS Ca∥fornia State Disbursement Unた Franchise Tax Board U S Dept of Education lBEW Dues Vernon Firemen's Association Vernon Police OfFicers.Beneft Association lCMA CalPERS iCMA CaIPERS California State Disbursement Unl Teamsters Loca1 911 Franchise Tax Board U S Dept of Education Vernon F remenis Associauon 78 Payment Method Payment Description ACHACHACHACHACH 602062 602085ACHACH 01/17/19 01/17/19 01/31/19 01ノ31/19 01ノ31ノ 19 01/31/19 01ノ31/19 01/31/19 01/31/19 Vernon Police Officers' Benefit Association ICMA ICMA CaIPERS California State Disbursement Unit Franchise Tax Board U.S. Dept of Education Vernon Firemen's Association Vernon Police Officers' Benefit Association 1,91356 30,00000 40,92377 246,607.60 2,50337 1,4090940874 3,138.00 1,91356 960,715.56 S 4,617,287.15 Payroll related disbursements, paid through General bank account Total net payroll, taxes, and related disbursements 79 City Council Agenda Item Report Agenda Item No. COV-90-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: February 19, 2019 SUBJECT Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant register to record voided check: 1) Operating Account Warrant Register No. 15 to record voided Check No. 601943 in the amount of $20,561.50 issued 01/17/19 to Stream Kim Hicks Wrage. Background: Section 2.13 of the Vernon Municipal Code indicates warrants covering claims or demands against the City are to be presented to City Council for its audit and approval. As such, it is recommended that the City Council review and approve the ratification of the aforementioned warrant register to record the voided check listed. Fiscal Impact: None. ATTACHMENTS  80 City Council Agenda Item Report Agenda Item No. COV-67-2019 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: February 19, 2019 SUBJECT Fire Department Activity Report for the Period of January 1 through January 15, 2019 Recommendation: A. Receive and file. Background: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of January 1, 2019 through January 15, 2019. This report covers hours for Fire Prevention, Training, Pre-Incident, Periodic Testing, Public Service Programs and Routine Maintenance. Fiscal Impact: None. ATTACHMENTS 1. Fire Department Activity Report - 01/01/19 to 01/15/19 81 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#):20 20 6 6 Re-Inspections (#):4 4 5 5 Spec. Haz. Inspections (#):0 0 3 3 Total Inspections: 24 24 14 14 Total Man Hours:41 41 28 28 TRAINING (HOURS): Firefighting 95 95 104 104 Hazardous Materials 33 33 33 33 Safety 114 114 119 119 Apparatus Operations 121 121 125 125 Equipment Operations 124 124 123 123 CPR 0 0 1 1 First Aid 51 51 32 32 Total Hours:538 538 537 537 PRE-INCIDENT (HOURS): Planning 71 71 89 89 District Familiarization 97 97 82 82 Total Hours:168 168 171 171 PERIODIC TEST (HOURS): Hose Testing 3 3 0 0 Pump Testing 0 0 0 0 Total Hours: 3 3 0 0 VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 1, 2019 to January 15, 2019 Page 1 82 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 4 4 0 0 Fire Brigades 0 0 0 0 Emergency Preparedness 11 11 5 5 Total Hours:15 15 5 5 ROUTINE MAINTENANCE (HOURS): Station 121 121 127 127 Apparatus 124 124 125 125 Equipment 127 127 125 125 Total Hours:372 372 377 377 Grand Total Hours:1137 1137 1118 1118 :Fireactivity Page 2 83 City Council Agenda Item Report Agenda Item No. COV-68-2019 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: February 19, 2019 SUBJECT Fire Department Activity Report for the Period of January 16 through January 31, 2019 Recommendation: A. Receive and file. Background: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of January 16, 2019 through January 31, 2019. This report covers hours for Fire Prevention, Training, Pre-Incident, Periodic Testing, Public Service Programs and Routine Maintenance. Fiscal Impact: None. ATTACHMENTS 1. Fire Department Activity Report - 01/16/19 to 01/31/19 84 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#):47 67 55 61 Re-Inspections (#):1 5 8 13 Spec. Haz. Inspections (#):0 0 0 3 Total Inspections: 48 72 63 77 Total Man Hours:78 119 85 113 TRAINING (HOURS): Firefighting 73 168 134 238 Hazardous Materials 46 79 30 63 Safety 136 250 131 250 Apparatus Operations 136 257 132 257 Equipment Operations 134 258 122 245 CPR 9 9 5 6 First Aid 34 85 29 61 Total Hours:568 1106 583 1120 PRE-INCIDENT (HOURS): Planning 106 177 94 183 District Familiarization 111 208 94 176 Total Hours:217 385 188 359 PERIODIC TEST (HOURS): Hose Testing 2 5 1 1 Pump Testing 0 0 4 4 Total Hours: 2 5 5 5 VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 16, 2019 to January 31, 2019 Page 1 85 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 12 16 0 0 Fire Brigades 0 0 0 0 Emergency Preparedness 13 24 0 5 Total Hours:25 40 0 5 ROUTINE MAINTENANCE (HOURS): Station 137 258 130 257 Apparatus 134 258 125 250 Equipment 137 264 123 248 Total Hours:408 780 378 755 Grand Total Hours:1298 2435 1239 2357 :Fireactivity Page 2 86 City Council Agenda Item Report Agenda Item No. COV-78-2019 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: February 19, 2019 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of January 16 through January 31, 2019 Recommendation: A. Receive and file. Background: The Vernon Police Department's activity report consists of activity during the specified reporting period, including a summary of calls for service, and statistical information regarding arrests, traffic collisions, stored and impounded vehicles, recovered stolen vehicles, the number of citations issued, and the number of reports filed. Fiscal Impact: None. ATTACHMENTS 1. Police Department Activity Report - 01/16/19 to 01/31/19 87 88 89 90 91 92 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/16/201901/16/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901011083333 DOWNEY RD, VERNONFOUNDUPS02:23:2401/16/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190098 CA0197300VPDZOZAYA,OSCAR*40E02:29:12 02:43:1303:17:1402:43:13201901011376250 S BOYLE AV, VERNONSRMET09:17:5101/16/2019METRPTDepartmentOCA NumberRMS JurisVPD CR20190099 CA0197300VPDESCOBEDO,ALEXY*MET210:19:1409:17:51VPDOURIQUE,CARLOSMET110:19:1409:17:5520190101156E 55TH // SANTA FE AV, VERNON901TMIGUEL13:57:5701/16/2019RPTCITEDepartmentOCA NumberRMS JurisVPD CR20190100 CA0197300VPDQUINONES,ANA*18W14:34:5114:01:16VPDMADRIGAL,MARIA38E14:01:1814:34:5214:04:53201901011574305 S SANTA FE AV, VERNONFU14:17:2001/16/20191015VPDRAMOS,JOSE*5D3515:31:2314:17:21VPDHERNANDEZ,EDWARD5D3215:31:2214:58:5820190101177E DISTRICT BL // 49TH, VERNON901TVERIZON WIRELESS 1-800-451-524218:35:1501/16/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190101 CA0197300VPDENCINAS,ANTHONY*26E18:37:0319:37:1818:41:07VPDQUINONES,ANA18W18:37:0619:02:5018:39:54VPDVASQUEZ,LUIS2518:52:5318:56:58VPDVASQUEZ,LUIS25W18:53:3220:02:3218:56:21VPDSWINFORD,PHILLIP3118:53:3420:02:3318:56:18VPDZOZAYA,OSCAR3218:50:2319:44:5618:56:33VPDMADRIGAL,MARIA38E18:37:0419:02:4918:42:47VPDCERDA,PAUL,JR40W19:26:0718:39:521Page of 201/16/201923:47:0993 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/16/201901/16/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190101177E DISTRICT BL // 49TH, VERNON901TVERIZON WIRELESS 1-800-451-524218:35:1501/16/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190101CA0197300VPDCORTEZ,JUSTIN4118:38:4019:36:0318:44:42VPDSWINFORD,PHILLIP41E20:02:3619:45:16VPDDOCHERTY,MICHAEL91W19:18:3419:05:1520190101183S SANTA FE AV // 37TH, VERNON20002RRAFAELA19:33:0101/16/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190102CA0197300VPDDOCHERTY,MICHAEL*91W19:46:19 19:46:5721:15:3719:49:08* Denotes Primary Unit2Page of 201/16/201923:47:0994 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/17/201901/17/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901012263333 DOWNEY RD, VERNONFOUNDUPS11:41:3601/17/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190103CA0197300VPDQUINONES,ANA*18E11:45:40 11:46:0411:46:13 12:30:1012:03:53VPDOURIQUE,CARLOS26W12:17:5812:30:1112:24:20VPDMADRIGAL,MARIA38E11:46:1012:30:1111:57:32201901012373301 E VERNON AV, VERNON20002RREYNALDOS MEXICAN FOOD14:47:1601/17/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190104CA0197300VPDMADRIGAL,MARIA*38E16:02:17 14:49:4416:15:0614:57:14* Denotes Primary Unit1Page of 101/18/201904:45:2195 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/18/201901/18/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190101294S SANTA FE AV // 37TH, VERNON902TR09:38:3201/18/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190105 CA0197300VPDMADRIGAL,MARIA*3810:14:0710:15:03VPDVILLEGAS,RICHARD41W10:15:0011:21:3210:21:03201901012985500 S BOYLE AV, VERNONPEDCK12:56:1001/18/20191015RPTVPDOURIQUE,CARLOS*31E14:31:4012:56:10VPDMADRIGAL,MARIA3812:56:1514:31:41VPDVILLEGAS,RICHARD41W12:56:2613:20:5512:59:04VPDCHAVEZ,JERRY,JRS113:00:0013:19:16VPDHERRERA,GUSTAVOS613:00:0214:13:0614:12:5320190101300S SOTO // 54TH, VERNONASTVFD13:47:2801/18/2019RPTVSDepartmentOCA NumberRMS JurisVPD CR20190106 CA0197300VPDMADRIGAL,MARIA*3813:49:0714:40:0313:53:20VPDVILLEGAS,RICHARD41W13:50:5314:40:0413:52:5720190101309E VERNON AV // SOTO ST, VERNON902TCHANTEL HERNANDEZ15:50:5501/18/2019RPTCITEDepartmentOCA NumberRMS JurisVPD CR20190107 CA0197300VPDMADRIGAL,MARIA*3815:52:1916:21:3915:57:17VPDOURIQUE,CARLOS31E16:21:3816:06:15VPDVILLEGAS,RICHARD41W15:58:3416:21:3916:00:0820190101328LEONIS BL // DOWNEY RD, VERNON594REUBEN HERRERA22:51:3401/18/2019CITYCCN1015RPTDepartmentOCA NumberRMS JurisVPD CR20190108 CA0197300VPDNEWTON,TODD*32E22:52:10 23:08:4723:37:2323:32:001Page of 201/19/201906:06:0796 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/18/201901/18/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190101328LEONIS BL // DOWNEY RD, VERNON594REUBEN HERRERA22:51:3401/18/2019CITYCCN1015RPTDepartmentOCA NumberRMS JurisVPDCR20190108CA0197300VPDLANDA,RAFAEL40W22:53:4623:58:0423:00:35VPDVASQUEZ,LUIS4122:52:11 22:53:4323:58:0022:54:43* Denotes Primary Unit2Page of 201/19/201906:06:0797 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/19/201901/19/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901013454900 CORONA AV, VERNON459VRNEEDLE KNITTING07:08:3301/19/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190109 CA0197300VPD*41E07:14:29 07:14:4908:05:4607:33:57201901013504800 S SOTO, VERNON484RU GET AUTO SALES11:24:3101/19/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190110 CA0197300VPDLUCAS,JASON*32W11:28:3411:49:0511:45:19VPD41E11:28:5011:59:0011:35:55201901013554646 HAMPTON, VERNON422RT-MOBILE (877) 653-791112:28:1601/19/2019RPTRPCBDepartmentOCA NumberRMS JurisVPD CR20190112 CA0197300VPDLUCAS,JASON*32W19:31:3617:15:23201901013583822 FLOWER ST, VERNONLOCATELASO/A CAR AUTO TOW12:39:2101/19/2019VRECVPDRECORDS BUREAU*RECD13:44:4812:51:3120190101362S SANTA FE AV // PACIFIC BL, VERNON211R14:40:5901/19/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190111 CA0197300VPDCERDA,EUGENIO*41E15:25:2214:40:5920190101375FRUITLAND AV // GIFFORD AV, VERNONVCK22:32:1001/19/2019VIDepartmentOCA NumberRMS JurisVPD CR20190113 CA0197300VPDLANDA,RAFAEL*1823:14:4522:32:102019010137652 // HELIOTROPE, VERNONREC22:52:1001/19/2019VRECRPTDepartmentOCA NumberRMS JurisVPD CR20190114 CA01973001Page of 201/20/201900:44:5098 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/19/201901/19/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene2019010137652 // HELIOTROPE, VERNONREC22:52:1001/19/2019VRECRPTDepartmentOCA NumberRMS JurisVPDCR20190114CA0197300VPDZOZAYA,OSCAR*31E00:31:5822:52:10* Denotes Primary Unit2Page of 201/20/201900:44:5099 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/20/201901/20/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190101381S SANTA FE AV // 57TH, VERNONVCK00:48:1301/20/2019VSRPTDepartmentOCA NumberRMS JurisVPDCR20190115CA0197300VPDNEWTON,TODD*32W01:33:2200:48:13201901013962900 FRUITLAND AV, VERNON901TOWENS BROCKWAY05:07:0001/20/2019VSRPTCITYCCNDepartmentOCA NumberRMS JurisVPDCR20190116CA0197300VPDZOZAYA,OSCAR*31E05:07:3506:16:0105:08:12VPDLANDA,RAFAEL1805:10:1806:02:28 06:26:0805:14:26VPDNEWTON,TODD32W05:08:2206:15:1705:11:26VPDMARTINEZ,GABRIELS506:16:2705:10:1220190101436S SANTA FE AV // PACIFIC BL, VERNON20002RHECTOR21:41:4301/20/2019RPTCCNCITYDepartmentOCA NumberRMS JurisVPDCR20190117CA0197300VPDMARTINEZ,GABRIEL*S521:46:1622:20:3521:52:31VPDHERNANDEZ,MIGUEL,JR18W21:54:3522:27:5222:00:15VPDVELEZ,MARISSA38E21:55:3022:20:3322:01:10* Denotes Primary Unit1Page of 101/21/201900:08:06100 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/21/201901/21/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901014605148 PACIFIC BL, VERNON459VERTEX09:14:0601/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190118CA0197300VPDVALENZUELA,FERNANDO*25W09:15:16 09:15:3611:02:4109:19:46VPDCERDA,PAUL,JR32E09:41:0609:22:40VPDCERDA,EUGENIO/CORTEZ,JUSTIN40W09:15:18 09:15:3812:51:4209:21:37VPDVILLEGAS,RICHARD41E10:01:5109:22:17VPDESTRADA,IGNACIOS309:21:3310:01:3409:22:59201901014724646 HAMPTON, VERNON459VRMILLENNIUM PRODUCTS14:02:3601/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190119CA0197300VPDCERDA,EUGENIO/CORTEZ,JUSTIN*40W14:04:2614:05:04VPDVALENZUELA,FERNANDO25W14:05:0114:35:0414:08:2620190101475HAMPTON // FRUITLAND AV, VERNON459VRMARICELLA14:43:2701/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190120CA0197300VPDVALENZUELA,FERNANDO*25W14:44:3815:35:5514:50:1320190101485FRUITLAND AV // HAMPTON, VERNON459VR16:46:4101/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190121CA0197300VPDVALENZUELA,FERNANDO*25W16:54:5616:55:22VPDVILLEGAS,RICHARD41E16:55:0517:48:3216:57:56* Denotes Primary Unit1Page of 101/22/201900:04:33101 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/22/201901/22/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190101507BANDINI BL // AYERS AV, VERNON901TRMATEO05:50:5001/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190122CA0197300VPDZOZAYA,OSCAR*41E05:54:01 05:54:0506:39:2105:57:42VPDVELEZ,MARISSA1805:54:03 05:54:0806:39:2006:28:08VPDNEWTON,TODD26W06:39:2006:05:20VPDONOPA,DANIELXS06:12:2005:59:08201901015392801 S SANTA FE AV, VERNON902T09:14:2801/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190123CA0197300VPDESTRADA,IGNACIO*S309:16:4509:26:5109:19:55VPDCORTEZ,JUSTIN4009:25:5709:50:3709:27:07VPDENCINAS,ANTHONY41E09:18:1309:30:0909:21:45201901015564601 E 50TH, VERNON594RCORE SYSTEMS11:02:0801/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190125CA0197300VPDENCINAS,ANTHONY*41E11:06:0611:58:2611:18:31201901015574632 PACIFIC BL, VERNONREPOUNK11:03:1901/22/2019REPODepartmentOCA NumberRMS JurisVPDCR20190124CA0197300VPDRECORDS BUREAU*RECD11:35:4511:03:4620190101573MAYWOOD AV // DISTRICT BL, VERNONREPOUNK13:21:3201/22/2019REPODepartmentOCA NumberRMS JurisVPDCR20190126CA0197300VPDRECORDS BUREAU*RECD14:00:5413:21:52201901015782401 SANTA FE, LOS ANGELES S/A B07245RDUKE CHOY13:47:3401/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190127CA0197300VPDCORTEZ,JUSTIN*4014:17:0015:44:3914:25:351Page of 101/23/201900:12:08102 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/23/201901/23/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190101612PACIFIC BL // 49TH, VERNON459VRCECILIA00:12:1601/23/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190128 CA0197300VPDSWINFORD,PHILLIP*26W00:13:47 00:14:1500:45:4600:17:22201901016392850 E 44TH, VERNONFUBEST BUY IMPORTS09:33:3801/23/2019VIRPTDepartmentOCA NumberRMS JurisVPD CR20190129 CA0197300VPDCERDA,PAUL,JR*32E11:30:3009:33:38VPDVALENZUELA,FERNANDO31E09:38:57 09:38:5810:24:0409:40:21VPDESTRADA,IGNACIOS310:24:1610:06:39201901016624305 S SANTA FE AV, VERNONID THEFT RPTMAYOR WOODRUFF PEREZ13:38:1901/23/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190130 CA0197300VPDENCINAS,ANTHONY*41W13:54:5616:32:0814:09:59201901016784305 S SANTA FE AV, VERNONA211R18:12:4101/23/2019VOIDDepartmentOCA NumberRMS JurisVPD CR20190131 CA0197300VPDCERDA,PAUL,JR*32E18:14:1918:12:41201901016803840 E 26TH, VERNON925COMMAND PACKAGING18:39:5001/23/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190132 CA0197300VPDENCINAS,ANTHONY*41W18:43:00 18:43:1718:56:5318:47:06VPDVASQUEZ,LUIS25E18:49:4519:52:4218:53:19VPDZOZAYA,OSCAR31W19:03:31 19:23:1219:03:36 19:52:4319:29:22VPDCORTEZ,JUSTIN40W18:43:1518:49:20VPDDOCHERTY,MICHAEL91W19:03:34 19:03:3419:52:4319:19:18201901016914903 S SANTA FE AV, VERNON415EL TENAMPA22:38:5201/23/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190133 CA01973001Page of 201/24/201900:45:03103 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/23/201901/23/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901016914903 S SANTA FE AV, VERNON415EL TENAMPA22:38:5201/23/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190133CA0197300VPDZOZAYA,OSCAR*31W22:42:05 22:42:4723:16:4622:45:23VPDVASQUEZ,LUIS25E23:03:1723:16:4623:03:54VPDSWINFORD,PHILLIP26E22:43:1423:16:4622:47:24VPDDOCHERTY,MICHAEL91W22:42:07 22:42:4923:16:4622:43:05* Denotes Primary Unit2Page of 201/24/201900:45:03104 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/24/201901/24/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901017023800 IRVING, VERNONASTVFDT-MOBILE (877) 653-791106:42:4101/24/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190134CA0197300VPDZOZAYA,OSCAR*31W06:44:3206:59:2806:45:59VPD32W06:50:4607:51:5406:53:55VPD41W06:49:0407:30:0506:59:31201901017264900 S SOTO, VERNONPEDCK10:24:2501/24/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190135CA0197300VPDOURIQUE,CARLOS*25E12:19:5210:24:25VPDVALENZUELA,FERNANDO32W10:34:3110:30:55VPDENCINAS,ANTHONY41W10:56:5110:28:26201901017306270 S BOYLE AVE, VERNONPEDCK11:39:2801/24/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190136CA0197300VPDMADRIGAL,MARIA*38E14:35:5511:39:28VPDVALENZUELA,FERNANDO32W12:08:1011:41:3620190101739E 37TH // SEVILLE AV, VERNON902TJESSE13:56:3101/24/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190137CA0197300VPDVALENZUELA,FERNANDO*32W13:58:2913:59:48VPDOURIQUE,CARLOS25E14:09:5114:41:2014:12:35VPDENCINAS,ANTHONY41W13:59:4314:41:2014:04:24201901017526034 PACIFIC BL, VERNONWARRANTHPPD18:07:2901/24/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190138CA0197300VPDMADRIGAL,MARIA*38E18:10:0919:36:2618:21:42VPD4019:26:4219:24:06* Denotes Primary Unit1Page of 101/25/201905:23:11105 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/25/201901/25/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901017743838 FRUITLAND AV, VERNON459RBRAKE-CO-TRUCK PARTS07:44:5101/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190139CA0197300VPD*32E07:46:1609:41:2108:11:33201901017984340 E DISTRICT BL, VERNON487RSINGH MARKETING13:02:4301/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190140CA0197300VPDVILLEGAS,RICHARD*32E13:05:2714:01:3113:22:38VPDOURIQUE,CARLOS31W14:01:3114:00:1520190101812E 38TH // IRVING, VERNON594R18:21:3601/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190141CA0197300VPDOURIQUE,CARLOS*31W18:22:36 18:22:3718:42:1318:23:0920190101829S 1ST // 57TH, VERNONVCK22:35:2801/25/2019RPTVIDepartmentOCA NumberRMS JurisVPDCR20190142CA0197300VPDLANDA,RAFAEL*32W23:15:3322:35:29* Denotes Primary Unit1Page of 101/26/201903:34:44106 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/26/201901/26/2019Call Number 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RUIZ16:19:4301/30/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190177 CA0197300VPDRECORDS BUREAU*RECD16:35:5416:20:1520190102233S SANTA FE AV // VERNON AV, VERNON927ERNESTINE17:03:1901/30/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190178 CA0197300VPDCORTEZ,JUSTIN*4017:05:11 17:05:1217:12:001Page of 202/05/201912:38:04114 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/30/201901/30/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190102233S SANTA FE AV // VERNON AV, VERNON927ERNESTINE17:03:1901/30/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190178CA0197300VPDCERDA,PAUL,JR26W17:06:0020:25:3117:06:44VPDENCINAS,ANTHONY31E17:06:0718:14:4517:10:01VPDESTRADA,IGNACIOS317:18:3017:08:2820190102250S ATLANTIC BL // DISTRICT BL, VERNON20002RVERIZON WIRELESS 1-800-451-524222:02:4301/30/2019RPTVICITYDepartmentOCA NumberRMS JurisVPDCR20190179CA0197300VPDDOCHERTY,MICHAEL*9122:03:22 22:03:4322:56:5922:15:20VPDVASQUEZ,LUIS25E22:04:3622:57:5722:09:59VPDZOZAYA,OSCAR31W22:04:3122:57:0122:07:55* Denotes Primary Unit2Page of 202/05/201912:38:04115 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:01/31/201901/31/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201901022613001 SIERRA PINE AV, VERNON901TSPRINT 866-398-328404:51:4001/31/2019RPTCITEDepartmentOCA NumberRMS JurisVPDCR20190180CA0197300VPDVASQUEZ,LUIS*25E04:52:0805:40:5804:54:25VPDZOZAYA,OSCAR31W05:40:5804:54:33VPDDOCHERTY,MICHAEL9104:55:08 04:55:0905:20:1304:55:10201901022705400 ALCOA AV, VERNON594RROSE AND SHORE07:56:0001/31/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190181CA0197300VPDVILLEGAS,RICHARD*3207:57:56 07:58:1208:32:3508:02:11201901022894903 PACIFIC BL, VERNONGTARCUT ME TENDER14:27:2701/31/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190182CA0197300VPDMADRIGAL,MARIA*38W15:02:1114:33:43201901023012200 E 55TH, VERNON273.5CR LAURENCE18:57:1001/31/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190183CA0197300VPDMADRIGAL,MARIA*38W18:58:0220:31:3518:59:23VPDVASQUEZ,LUIS31W20:51:3719:36:47VPDVILLEGAS,RICHARD3218:59:2119:11:4019:00:42VPDDOCHERTY,MICHAEL9120:51:3719:01:19201901023055400 ALCOA AV, VERNON594RROSE AND SHORE21:21:0301/31/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190184CA0197300VPDNEWTON,TODD*26E21:22:43 21:22:4621:47:3521:24:2720190102309PICO//EVERGREEN, LOS ANGELESLOCATELAPD HOLLENBECK22:54:2101/31/2019VRECRPT1Page of 102/01/201903:40:26116 City Council Agenda Item Report Agenda Item No. COV-57-2019 Submitted by: Joanna Torres Submitting Department: Public Utilities Meeting Date: February 19, 2019 SUBJECT Award of Construction Contract to General Pump Company, Inc. for the Well No. 11 Pump and Motor Project Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines 15301, because the project consists of the maintenance, repair, or minor alteration of an existing facility/equipment and involves negligible or no expansion of the existing use; and B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc., in substantially the same form as attached herewith, in an amount not to exceed $120,700 for procurement and installation of the Well No. 11 pump and motor; and D. Authorize a contingency amount of $12,000 in the event of unforeseen changes in the project and authorize the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. Background: The City of Vernon owns and operates eight domestic water wells. The wells provide approximately 7,000 acre feet of annual water demand throughout the City. However, due to age and deferred maintenance, the wells have become unreliable. When wells become inoperable and cannot meet system demand, imported water must be purchased. The Water Division’s Capital Improvement Program (CIP) focuses on construction of two new wells and rehabilitation of three existing wells. The Division’s well program ensures that the City does not have to purchase expensive imported water. The cost savings from not purchasing imported water is used to partially fund the CIP projects. Rehabilitation of domestic water wells entails a two-step process that consists of well development and wellhead replacement. The well development consists of exercising the hydrogeological formation and cleaning the well casing/screens of tuberculate obstructions. The wellhead replacement consists of designing and replacing the well pump, motor, and control valve. Step-one of the rehabilitation process was recently performed on Well 11 and the well was fully developed. Staff commissioned Richard C. Slade & Associates to prepare the pump and motor specifications and a Notice Inviting Bids (NIB) was issued on August 2, 2018. Bid responses were due on September 6, 2018. The NIB was published in the newspaper and posted on the City website. In addition, staff solicited the NIB to the following eight well pump companies: Orange County Pump Company, Mitchell Lewis & Staver, Bakersfield Well & Pump Company, Best Drilling and Pump Inc., General Pump Company Inc., Layne Christensen Company, Southwest Pump and Drilling Company, and National Exploration & Wells & Pumps. Two companies responded, namely General 117 Pump Company and Best Drilling and Pump Inc.; the respective bid totals were $120,700 and $141,200. Staff conducted a bid analysis and General Pump Company, Inc. was identified as the apparent lowest bidder. The Contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: The fiscal impact of the project is $120,700, plus the contingency amount of $12,000, for a total of $132,700. This item was budgeted in the approved FY 2018-2019 Public Utilities Department budget. ATTACHMENTS 1. Proposed Construction Contract with General Pump Company for the Well No. 11 Pump and Motor Project 118 CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this 19th day of February, 2019, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and General Pump Company, Inc., a California corporation (hereinafter "Contractor"), for construction of Well No. 11 Pump and Motor Project. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The “Contract Documents” except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work B. This Agreement C. Exhibit A – General Conditions D. Exhibit 1 – Performance Bond E. Exhibit 2 – Payment Bond F. Exhibit 3 – Maintenance Bond G. Exhibit 4 – Insurance Requirements H. Exhibit 5 – Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit I. Exhibit B – Living Wage Provisions J. Exhibit C – Equal Employment Opportunity Practices Provisions K. Attachment 1 - Specification No. W11-2018 L. Notice Inviting Bids; M. Instructions to Bidders; N. Bid Forms; O. Designation of Subcontractors; and P. Bidding Addendum No. 1. 2. REFERENCE DOCUMENTS – Not Applicable 119 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Well No. 11 Pump and Motor Project Specification No. W11-2018 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within ninety (90) calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of seven hundred fifty dollars ($750) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: _________. 5. CONTRACT SUM In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of one hundred twenty thousand seven hundred dollars/no 120 cents ($120,700.00), payable as set forth in the General Conditions (“Contract Sum”). IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ___________________, California. [Contractor]: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR’S SIGNATURE MUST BE NOTARIZED [Contractor’s Corporate Seal] 121 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation. B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described in the Contract Documents as the base Contract Work (e.g. not designated as part of a Bid Alternate). D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice Inviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor’s responsibility only if the City accepts the Bid Alternate. F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include: (1) Bidder’s Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate; (4) Bid Bond; (5) Bidder’s Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of Non- Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification required by the type of project funding (e.g. federal, ARRA, HUD, etc.). G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals, if any, including but not limited to, permits. 122 I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time. J. Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Time or, which describes the need for or desirability of a change in the Work proposed by Contractor. K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. L. Construction Change Directive. A written order prepared and signed by the City directing a change in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. M. Contract Documents. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9) Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified on by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. There shall be no third party beneficiaries of the Contract Documents. O. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents. P. Contract Time. The total number of days set forth in the Construction Contact within which Substantial Completion of the Work must be achieved beginning with the Date of Commencement established in the Notice to Proceed, subject to adjustments in accordance with the terms of the Contract Documents. The Contract Time for Contractor's performance of the Work is measured in calendar days (not work days). Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by City, or the agent or legal representative who may be appointed to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the Contract as general contractor for construction of the Work. 123 R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. T. Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows: 1. January 1st - New Year’s Day 2. The 3rd Monday 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 – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The General Manager of the Public Utilities Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, “Work Directive.” Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. 124 BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work. CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order; or (3) a Construction Change Directive. EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG. Permit FeesThe actual direct costs paid by Contractor for Governmental Approvals and Utility Fees shall be waived. HH. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. II. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. JJ. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of “As-Built” Drawings and Specifications, which shall be continuously updated during the prosecution of the Work. KK. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. LL. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the “GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. MM. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. NN. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents. 125 OO. Unilateral Change Order. See “Work Directive.” PP. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including, but not limited to fees for temporary utilities and refuse hauling. QQ. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. RR. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. SS. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for, obtain, all “no fee” permits including, but not limited to, building or structure permits, plumbing system permits, mechanical system permits, electrical system permits, structural system permits, demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer, gutter, crosswalk, paving or other street work grading permits, street/utility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to demolish, remove, or make major alterations to any designated historic resource; inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and Utility Fees not listed in the Notice Inviting Bids. B. Contractor shall deliver the original receipt to the City’s Project Manager with each permit. All Permit Fees shall be separately itemized in each Application for Payment and copies of the receipt(s) and permit(s) must be attached. The Base Bid sum / Contract Sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. 126 C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. 1.04 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. Contractor shall apply and pay for a City of Vernon business license. 1.05 ALLOWANCES A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City’s estimated cost established for each Work item covered by an Allowance stated in the Contract Documents. See Paragraph 1.01 for definition of Allowance. B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other taxes legally chargeable; and all other costs and expenses incidental to such Work. C. Work items covered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City’s approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City’s Project Representative for review and the Contractor has received City’s approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall 127 not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 1.08 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 1.09 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher 128 precedence in accordance with the following order of precedence: 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda 4. Special Conditions, if any 5. General Conditions 6. Specifications 7. Drawings 8. Bidding Requirements B. With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings 8. Figures 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 129 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations, quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the 130 satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. 1.14 RIGHT OF WAY A. The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials. The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping, and for any damage that may result from his/her use of City property. C. In case areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations, he/she shall make arrangements with the property owners for the use of such additional areas at his/her own expense. 1.15 CONTRACTOR’S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] 131 ARTICLE 2 - PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor’s expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 2.05 CITY’S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, the 132 City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work Contractor has failed to perform and/or replace or correct deficiencies in the Work. In such case, a Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies, including compensation for additional services by the City’s project management staff, the Architect, and their respective consultants made necessary by such default, failure to perform, or neglect, plus 15% for City’s overhead expenses. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is cumulative. B. The City also has the right, but not the obligation, to self-perform or have outside forces perform portions of the Work previously assigned to Contractor. In such case a Change Order or Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: General Pump Company, Inc. 159 N. Acacia Street San Dimas, CA 91773 Attention: Michael Bodart Phone: (805)482-1215 Facsimile: (909)599-6238 All communications shall be copied to City and shall be delivered to the General Manager of the Public Utilities Department at the address set forth below, with copies to such additional persons as may be directed by the General Manager. City of Vernon Public Utilities Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Joanna Moreno, Assistant Civil Engineer Phone: 323-583-8811 ext.888 Facsimile: 323-826-1458 E-mail: jmoreno@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, 133 notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m. shall be deemed received on the first business day following delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys. D. Notification of Affected Residents/Businesses – The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. E. Notification of Utilities – The provisions of Section 5 entitled "Utilities" of the “Greenbook” Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work 2.07 INDEPENDENT CONTRACTOR The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City. 2.08 EMERGENCY WORK A. During Working Hours: 134 In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If, in the Director’s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor’s Work, the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a 135 condition suitable for use by the City, the City may, after written notice and designation from the Director to the Contractor, use (which includes, but is not limited to, taking over or placing into service) any portion(s) designated 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 trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor, or any other cause, shall be made at the expense of the Contractor. D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor’s sole expense. 2.13 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by the Contractor. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. 136 B. Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance, and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor’s expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will 137 deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor’s warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City’s designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s completion of the Work or termination of Contractor’s performance of the Work. B. Correction of Work 1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City’s services and expenses made necessary thereby, will be at the Contractor’s expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to 138 prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement. Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Damage. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents, the Contractor shall bear the cost of repairing or reconstructing that other construction as well. 5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials, debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor’s operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 139 2.17 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1. BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs General BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Rigid Pavement Portland Cement Crack and Joint Sealing Mudjacking and Drilling Concrete Slab and Spall Repair Slope/Drains/Vegetation Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Litter/ Debris/ Graffiti Sweeping Operations 140 Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Landscaping Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation (Watering), Potable and Nonpotable Environmental Storm Drain Stenciling Roadside Slope Inspection Roadside Stabilization Stormwater Treatment Devices Traction Sand Trap Devices Bridges Welding and Grinding Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Other Structures Pump Station Cleaning Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation Traffic Guidance Thermoplastic Striping and Marking Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/ Repair Management and Support Building and Grounds Maintenance Storage of Hazardous Materials (Working Stock) Material Storage Control (Hazardous Waste) Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control 141 B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website: www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training:  The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the overall stormwater management program.  When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Control 2. Non-Stormwater Management, Waste Management and Materials Pollution Control Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. 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 maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control 142 3) Least toxic methods of pest prevention and control, including Integrated Pest Management 4) Reduction of pesticide use C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit (2009-0009-DWQ Permit). Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP), and the first annual fee. See: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the 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. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project (where applicable); 5. A list of major construction materials, wastes, and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 7. A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7) days after the City awards the Contract, the Contractor shall submit seven (7) copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City’s comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection 143 Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. D. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 www.cabmphandbooks.com Cashier Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 E. Implementation The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor’s activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the “Greenbook” Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. 144 The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor’s expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two City Departments: Sewer Maintenance Services ....................................................................................... City of Vernon Control Center 323-826-1461 Fire Department Dispatch Center ................................................................................. 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available, then the Contractor shall immediately call: Joanna Moreno, Assistant Civil Engineer at 323-583-8811 ext. 888. H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. 145 In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. 146 SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: ______________________________ Specification No. ___________ Type of Material (a) Disposed in Class III Landfills (b) Diverted from Class III Landfills by Recycling (c) [Leave This Column Blank] (d) Disposed in Inert Fills Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete Metal Other Segregated Materials (Describe): Miscellaneous Construction Waste Total Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. [END OF ARTICLE] 147 ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within ninety (90) calendar days following the Date of Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. The 148 Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; 149 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and 6. the Contactor’s recommendations for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of the overall Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings thereon shall be final and conclusive. H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. I. When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension 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 consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. C. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for Work. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director’s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a “Notice of Completion” of the Work to the Contractor. Upon the issuance of the Notice of Completion 150 the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of seven hundred fifty dollars ($750) per day, with respect to Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor’s failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] 151 ARTICLE 4 - CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A. Format 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 Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. 2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7) calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. B. 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 defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for, and maintain float in accordance with Critical Path Methodology. 152 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates ____________ lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the ____________ weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor’s projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly 153 indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including, without limitation, the following: 1. Working additional shifts of overtime. 2. Supplying additional manpower, equipment, and/or facilities. 3. Reschedule activities to maximize practical concurrence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or other similar measures. 5. Any other actions that may be necessary to mitigate delays. B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor’s performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar days of City’s written demand, City may, without prejudice to other remedies, take corrective action at the expense of the Contractor which shall reduce the Contract Sum accordingly. 4.04 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the Schedule is a condition precedent to City’s obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] 154 ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT 5.01 TERMINATION BY THE CONTRACTOR A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence of one of the following: 1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, due to: a. the issuance of an order of a court or other public authority having jurisdiction; or b. an act of government, such as a declaration of national emergency making material unavailable; and Contractor has given City written notice within ten (10) days of the occurrence of such ground for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to City, unless the reason has theretofore been cured, terminate its performance of the Work. 2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, because the City has persistently failed to perform any material obligation under the Contract Documents and fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating the nature of such default. B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph 5.04-C below. 5.02 TERMINATION BY THE CITY FOR CAUSE A. Grounds The City shall have the right to terminate the Contractor’s performance of the Contract, in whole or in part, without liability to City if: 1. Contractor fails promptly to begin the Work under the Contract Documents; or 2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or 3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, or refuses to remove and replace rejected materials or unacceptable Work; or 4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City); or 155 5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the event preventing performance; or 6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made; or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law; or 8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction; or 9. Contractor is guilty of breach of a provision of the Contract Documents; or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations. A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract. Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately cancel the Contract and declare it null and void. B. City’s Rights. When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar days written notice, terminate Contractor’s performance of the Work, in whole or in part, and may: 1. Take possession of the site and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incurred by City; 3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and 4. Finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. C. Costs If City’s costs to complete and damages incurred due to Contractor’s default exceed the unpaid Contract balance, the Contractor shall pay the difference to the City. D. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor for cause, then said termination shall be deemed converted to a termination for convenience as set forth in Paragraph 5.04 and Contractor’s remedy for wrongful termination in such event shall be limited 156 to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor’s performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a “Work Suspension Directive” under this Section. 2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (b) That an equitable adjustment is made or denied under another provision of the Contract. F. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City for Contractor’s failure to: 1. Correct conditions unsafe for the Project personnel or general public, or 157 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor’s performance of the Contract, in whole or in part, at any time, for convenience upon fifteen (15) calendar days written notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C. Compensation 1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total (without duplication of any items) of: i. The cost of the Work; and ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be fair and reasonable. In no event shall Contractor be entitled to recover overhead or profit on Work not performed. b. The reasonable costs of settlement of the Work terminated, including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any; and ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection, or disposition of inventory. 2. Such payment shall be Contractor’s exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractor’s obligations with respect to warranties, representations, indemnity, 158 maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.04. D. No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contractor’s exclusive remedy for a termination hereunder. 5.05 CONTRACTOR’S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE If the City terminates Contractor’s performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor with the City’s approval, Contractor shall: (1) cease performance of the Work to the extent specified in the notice; (2) take actions necessary or that the City may direct, for the protection and preservation of the Work; (3) settle outstanding liabilities, as directed by City; (4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City’s notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items properly labeled to the degree of detail specified by the City; and, (6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice, incur no further costs or expenses and enter into no further subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this Paragraph. [END OF ARTICLE] 159 ARTICLE 6 – CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. 6.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of 160 said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E) herein. 6.06 PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: 161 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and 162 equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor’s representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor’s authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C. Allowable Costs The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time 163 wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. 3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 164 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor’s and all Subcontractor’s non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E. Allowable Mark-Up 1. If the Net Cost of Extra Work is less than or equal to $25,000, the Allowable Mark-Up shall be computed as follows: (a) For Extra Work performed directly by the Contractor’s forces, the added cost for all expenses of overhead, profit, bond and insurance (“Allowable Mark-Up”) shall not exceed fifteen percent (15%) of the net cost of the Extra Work. F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed 165 change to the Work and requesting the Contractor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time, it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein. 6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR) If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by the Contractor. The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. 6.09 ISSUANCE OF WORK DIRECTIVE (UNILATERAL). In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contractor’s cost of such disputed Work. [END OF ARTICLE] 166 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. D. Revisions If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a 167 manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. the data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and 168 that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above; 2. submission of the Contractor's certification required by Paragraph 7.03-C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of 169 undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. the portion of the Work permanently installed and in place; 2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less, the aggregate of previous payments, and 4. less, any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention B. ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment (“Retention”) and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed “substantially complex” by City Council. Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following: 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contractor’s certification as required by Paragraph 7.03-C, above; 3. consent of surety, if any, to Final Payment; 170 4. a certificate evidencing that the insurance required by the Contract Documents is in force; 5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the previous payment period; 7. all Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8. documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; 9. four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10. certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11. releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. C. Final Payment Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City’s right to withhold 150% of any disputed amounts. D. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. E. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 171 7.06 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good.faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work, or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public 172 Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet the Construction Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with the Contract Documents; 10. Liquidated Damages. Liquidated damages assessed against Contractor; 11. Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City; 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents; 173 14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement; 15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient documentation required by the Contract Documents, including, without limitation, Construction Schedule updates, ‘look ahead’ schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certifications and other required reports or documentation; and 16. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Withholding If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. C. Application of Withholding City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City’s actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities eligible for the investment of State Funds under Government Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City’s overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 174 3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents. 4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow agreement, using the City’s form, “Escrow Agreement for Deposit of Securities in Lieu of Retention.” 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the Work. B. Substitute Security To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor’s expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. C. Deposit of Retentions Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At the expense of Contractor and at no cost to City, Contractor may direct the investment of the payments into securities and interest bearing accounts, and Contractor shall receive the interest earned on the investments. Escrow Agent shall hold such direct payments by City under the same terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the terms of Public Contract Code Section 22300 and the Contract Documents. D. Time for Election of Substitution of Securities Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section 22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 175 7.10 CLAIMS A. Arising of Claim. 1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a “claim” will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor’s Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 5. If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating that Contractor is entitled to an extension of time under the Contract Documents; and 6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the 'following form: 176 "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate; and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, (d) I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.” Signature: Date: Name: Title: Company C. Noncompliance Failure to submit any of the information, documentation or certifications required by Paragraph 7.10- B, above, shall result in the Claim being returned to Contractor without any decision. D. Submission of Claims 1. Director. Claims shall be first submitted to the City for decision by the Director. 2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the 177 Contract Documents and City will continue, to make undisputed payments as by the Contract Documents. 3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment. 4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor’s right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims, Meet and Confer 1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-five (45) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. F. Finality of Decision If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director’s response. G. Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE] 178 ARTICLE 8 - MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. 179 C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics of the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contract requirement. D. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. 8.05 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all 180 respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] 181 ARTICLE 9 – SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions 8. Manuals 9. As-built drawings 10. Safety plans required by Article 10 9.02 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate. 9.03 SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. 182 9.04 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width 11" X 8 1/2" 11" X 17" 24" X 36" 30” X 42” 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. 9.06 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director’s approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. 9.08 MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: 1. Identification on, or readable through, the front cover stating general nature of the manual. 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to 183 location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples, indicate the source of the sample. 184 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. In scheduling, allow at least 15 Working Days for the Director’s review, plus the transit time to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make Corrections Noted - Do Not Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of costs, and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five (5) copies. 185 E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] 186 ARTICLE 10 – SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor’s program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program may result in actions as provided in Article 5: “Suspension or Termination of Contract.” 187 C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason 188 of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control (“WATCH”) handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5: “Suspension or Termination of Contract” of these General Conditions. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 189 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager’s name and business phone number and the construction inspector’s name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 583-4821 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 190 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor. [END OF ARTICLE] 191 ARTICLE 11 - INDEMNITY 11.01 INDEMNITY To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns (“Indemnitees”) from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. Bodily injury, emotional injury, sickness or disease, or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor’s Work, for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order; F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor’s obligations under this Article extend to claims occurring after termination of the Contractor’s performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor’s obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the 192 City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] 193 ARTICLE 12 – INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City’s execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City’s Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement’s insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] 194 ARTICLE 13 – BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "1" attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "3" attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 195 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] 196 ARTICLE 14 - LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract 197 by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 198 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 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 journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed 199 and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE] 200 ARTICLE 15 - DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim. Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term “claims” as used herein shall be as defined in California Public Contract Code § 20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents 201 prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties’ rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] 202 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 character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor (“Accounting Records”). Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. 16.02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] 203 ARTICLE 17-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. B. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable 204 portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City’s Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City’s rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their 205 permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 206 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 207 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] 208 EXHIBIT 1 Bond No.: Premium Amount: $ Bond’s Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) ________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)— to furnish a bond guaranteeing Principal’s faithful performance of the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and ______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: ______________________________________________________________________________________________ (Name, address, and telephone) _________________________. Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal’s performance of each obligation and all obligations under the Contract and Contract Documents, as they may be amended and supplemented— including, but not limited to, Principal’s liability for liquidated damages, Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Documents— except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents, the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a) remedy the default; (b) complete the Project according to the Contract Documents’ terms and conditions then in effect; or (c) using a procurement methodology approved by City, select a contractor or contractors— acceptable to City— to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond— except that 209 Surety’s total obligation, as described here, will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay— in addition to the Bonded Sum— City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:  THIS BOND MUST BE EXECUTED IN TRIPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By General Manager of Vernon Public Utilities Brian Byun, Senior Deputy City Attorney CORPORATE SEAL CORPORATE SEAL 210 BOND ACKNOWLEDGMENT FOR SURETY’S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL 211 EXHIBIT 2 Bond No.: Premium Amount: $ Bond’s Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon, California (“City”), has awarded to __________________________________________________________________________________________ (Name, address, and telephone of Design-Builder) ________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)— to furnish a bond guaranteeing Principal’s paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and ______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: ______________________________________________________________________________________________ (Name, address, and telephone) _________________________. Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California’s Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amount under Unemployment Insurance Code Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the wages of its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum. Otherwise, this obligation becomes null and void. While this Bond remains in full force and effect, the following terms and conditions apply to this Bond: 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Code Section 3267, or any successor legislation, applies. 212 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 3. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay— in addition to the Bonded Sum— City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:  THIS BOND MUST BE EXECUTED IN TRIPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By General Manager of Vernon Public Utilities Brian Byun, Senior Deputy City Attorney CORPORATE SEAL CORPORATE SEAL 213 BOND ACKNOWLEDGMENT FOR SURETY’S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL 214 EXHIBIT 3 Bond No.: Premium Amount: $ Bond’s Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) ________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)— after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City’s Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and ______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: ______________________________________________________________________________________________ (Name, address, and telephone) Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a longer period) from the date the City’s Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder, ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond. 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 215 2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 4. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay, in addition to the Bonded Sum, City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:  THIS BOND MUST BE EXECUTED IN TRIPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY & AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By General Manager of Vernon Public Utilities Brian Byun, Senior Deputy City Attorney CORPORATE SEAL CORPORATE SEAL 216 BOND ACKNOWLEDGMENT FOR SURETY’S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL 217 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law. 1. Employer’s Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS ($1,000,000) policy limit. B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit. 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) Independent Contractor’s Protective; (c) Independent Contractors; 218 (d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion) (e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) NOT REQUIRED FOR THIS PROJECT 1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured. 2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operations.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. 219 4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder’s Risk Insurance NOT REQUIRED FOR THIS PROJECT 1. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements: 1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); 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:VII”. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured 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 must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. 220 I. 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 coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors: (a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage. 3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements. M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager. N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement’s insurance requirements; and 2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees. O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or 221 reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. 1. “Certificate of Insurance” 2. “Additional Insured Endorsement” 3. Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required. D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract. E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 222 H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. 223 EXHIBIT 5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON Public Utilities Department Construction Stormwater Program Permit Number: 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 activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that:  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 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. 224 I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Print Name: Title: Property Owner: 225 EXHIBIT B LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the service contract of violating employers. 226 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 227 ATTACHMENT 1 SPECIFICATION NO. W11-2018 228 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 1 SECTION 11210 VERTICAL TURBINE PUMPS PART 1: GENERAL 1.01 DESCRIPTION This Section includes furnishing, installing, and testing vertical turbine pumps including wiring and controls for a complete working pump to be used in a deep well pump for potable water. 1.02 REFERENCES ABMA 9 Load Ratings and Fatigue Life for Ball Bearings ABMA 11 Load Ratings and Fatigue Life for Roller Bearings ASTM A36 Standard Specification for Carbon Structural Steel ASTM A48 Standard Specification for Gray Iron Castings ASTM A582 Standard Specification for Free-Machining Stainless Steel Bars ASTM B62 Standard Specification for Carbon Structural Steel AWWA E103 Horizontal & Vertical Line Shaft Pumps HIS Hydraulic Institute Standards ICEA Insulated Cable Engineers Association ISO 10816 International Organization for Standardization Mechanical Vibration NEC National Electric Code NEMA National Electric Manufacturer’s Association NSF/ANSI 61 National Science Foundation – Drinking Water System Components 1.03 SUBMITTALS A. Shop Drawings: Drawings, specifications, and other data required to be submitted hereunder shall include, but shall not be limited to, the following: 1. Pump curves indicating total dynamic head, flow rate, brake horsepower, shutoff head, net positive suction head required, efficiency, and submergence required over bottom of bell. 2. Complete fabrication, assembly, foundation, and installation drawings, together with detailed specifications and data covering materials of construction, weight of the pump, power drive assembly, parts, devices, wiring diagrams, and other accessories forming a part of the equipment furnished. 3. Materials of pump construction including discharge pipe column, shaft, bearings, impellers, castings, pump discharge head, stuffing box, and shaft guard. 4. Electric motor data, including the manufacturer, size, type, and materials of construction. Also include minimum guaranteed efficiency and power factor at full load, ¾ load, and ½ load; locked motor current in amps; full load current in amps; the motor speed in rpm; and the mounting details. 229 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 2 5. All motor & pump bearing calculations. 6. NSF Compliant Certification 7. Manufacturer’s Installation instructions. 8. Vibration testing company 9. Pipe spool shop drawings incluuding dimensions, materials, ends, finish details, and grooved-end coupling. 10. Water pre-lube system including plumbing materials dimentions, ball valve, solenoid valve, and tapping details to exisitng pipe, and connection details. B. Pump Test Plan Develop and submit plan to test pumps including personnel to attend, documentation for calibration of meters and gages, and detailed procedure to be followed for testing. Identify locations & equipment for measurement and method to control flow. C. Test Reports: 1. Provide Shop Certified Test Reports as required in Part 3. 2. Provide Field Certified Test Reports as required in Part 3. D. O & M Manual: Operations and maintenance information E. Guarantee: Provide warranty as required herein under “Quality Assurance”. 1.04 QUALITY ASSURANCE A. General: All pumping equipment furnished under this section shall be (1) of a design and manufacture that has been used in similar applications and (2) be demonstrated to the satisfaction of the Owner that the quality is equal to equipment made by those manufacturer(s) specifically named herein. Among other items, the materials, weight, and design of the equipment may be used as a basis of comparison. B. Pump Guarantee: The pump manufacturer shall warrant the units being supplied to the owner against defects in workmanship and material for a period of two (2) years or 10,000 hours under normal use, operation and service after the date of acceptance. The warranty shall be in printed form, apply to all similar units, and shall include the appropriate serial numbers. The pump manufacturer’s share of the warranty coverage costs shall be 100% for the two year period. In addition to the general guarantee requirements, the pump guarantee shall cover (1) faulty or inadequate design; (2) improper assembly or erection; (3) defective workmanship or materials; and (4) leakage, breakage, or other failure. 1.05 MEASUREMENT AND PAYMENT 230 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 3 Full compensation for Vertical Turbine Pumps including furnishing all materials, labor, tools, equipment, and incidentals and performing all work described in this Section shall be included in the Contract price and no additional compensation shall be allowed therefor. PART 2: PRODUCTS 2.01 GENERAL A. Pump and drive shall be rated for continuous duty and shall be capable of pumping the specified flow range without surging, cavitation, or vibration. The pump shall not overload the motor at any point on the pump head/capacity curve when operated at the maximum speed. B. The completed units, when assembled and operating, shall be free of cavitation, vibration, noise, and oil or water leaks over the range of operation. To insure vibration-free operation, all rotative components of the pumping unit shall be statically and dynamically balanced. Excessive vibration shall be sufficient cause for rejection of the equipment. The mass of the unit and its distribution shall be such that resonance at normal operating speeds is avoided. In any case, the amplitude of vibration as measured at any point on the pumping unit (excluding the motor) shall not exceed the limits set forth in the latest edition of the Hydraulic Institute Standards. C. All parts of each pump shall be designed to withstand the stresses that will be imposed upon them during their handling, shipping, erection, and operation. Castings, fabrication, machined parts and drives shall conform to the industry standards for strength and durability and shall be rated for continuous duty over the entire operating range. Service factors, where applicable, shall be assumed to be 1.0. D. All units shall be so constructed that dismantling and repairing can be accomplished without difficulty. E. All anchor or fastener bolts shall be type 316 stainless steel. F. Pump supplier shall be responsible for proper operation of the complete pumping system, which includes pump and motor and proper response to controls. G. Pump shall comply with NSF requirements for drinking water. H. Provide stainless steel nameplate of ample size with embossed lettering, fastened to equipment in a prominent place and fastened with corrosion-resisting pins. Include manufacturer, serial number, date of manufacture, model number design capacity and head. 2.02 PUMP OPERATING CONDITIONS A. Pump shall be designed and constructed to satisfactorily meet the conditions and requirements specified below and for the installations as shown on the drawings. 1. Design capacity (min.) at design head 1,300 gpm @ 501’ 231 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 4 2. Minimum capacity 1,350 gpm @ 487’ 3. Maximum capacity 1,190 gpm @ 558’ 4. Minimum bowl efficiency at design head (exclusive of pump column friction) (percent) 80 5. Maximum outside diameter of bowls (in) 12 6. Maximum outside diameter of suction bell (in) 12 7. Minimum column diameter (in) 10 8. Minimum impeller shaft diameter (in) 1-1/2 9. Diameter of discharge (in) 10 10. Minimum motor horsepower (hp) 300 11. Speed Constant Speed 1800 rpm The Total Dynamic Head (TDH) given above does not include intake bell, pump column and discharge head losses. Pump manufacturer shall include these losses in selecting the bowl TDH. B. The pump shall have a head-capacity characteristic which is constantly rising to shutoff head without any sags. The pump shall have a non-overloading horsepower characteristic. C. Pump shall meet HI 14.6 Test Tolerances 1B at the design capacity and briefly summarized as follows: Flow ± 5% Head ± 3% Efficiency -3% 2.03 PUMP CONSTRUCTION A. General: Furnish and install vertical turbine pumps in accordance with the Plans and the following detailed specifications. Equipment shall conform to the provisions of AWWA Specification E103 with exceptions as noted. 1. Guards: Guards shall be provided at all exposed couplings, drives and shafts in compliance with the requirements of the State of California, Department of Industrial Relations, Division of Occupational Health and Safety. 2. Gauge: Vertical turbine pump shall have discharge gages provided by pump manufacturer. Gauge shall be of the stem mounting, bottom connection type. Gauge shall be of the bourdon tube or bellows type with 270 degrees pointer travel. Dial shall be white with black numerals, 4-1/2 inch diameter. Accuracy shall be + 1% of full scale. Connection for gauge shall be male ¼ NPT with 232 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 5 square wrench flats. Wetted parts shall be corrosion resistant to the process fluid. Gauge shall be equipped with stainless steel isolation valve. Case shall be black phenolic or aluminum or enameled steel. The gauge shall be a product of Ashcroft, U.S. Gage, or Approved Equivalent. 3. Nameplate: The pump shall have a Type 316 stainless steel plate permanently attached to the pump frame into which the following information shall be impressed, engraved, or embossed: manufacturer’s name, pump size, serial number, impeller diameter, capacity, head rating and speed. B. Discharge Head Assembly: The discharge head assembly shall be composed of a 150 lb round flange pump base, a discharge nozzle, and a mechanical seal. The Contractor and/or fabricator shall ensure that the flange bolts and nuts can be installed and removed without conflict. The pump discharge head shall be fabricated steel conforming to ASTM A53 and A36, and shall be of sufficient thickness to support the assembled weight of the pump and motor, and to safely withstand all stress imposed thereon by vibration, shock, seismic action, and all possible direct and eccentric loads. Lifting lugs of sufficient strength to support the weight of the complete pump unit exclusive of motor shall be provided. A tapped drain in discharge head for leakage shall be provided. 1. Discharge Nozzle: The discharge nozzle shall be surface-mounted and shall be flanged for pipe connection. The nozzle shall conform to ANSI standards and shall have a minimum pressure rating of 275 psi. The nozzle shall be drilled and tapped for pressure gage connection. 2. Pump Shaft Seal: A mechanical seal shall be provided. The seal shall be split type. 3. Openings: Large openings shall be provided in the discharge head assembly adjacent to the mechanical seal. C. Column Assembly: The discharge column assembly shall be composed of a discharge pipe column, line shafting, and open line shaft bearings lubricated by water. 1. Pipe Column: The pipe column shall be minimum ¼-inch wall thickness and shall be connected by threaded sleeve type couplings or welded steel flanges. Pipe column section shall be of such a design and construction that accurate alignment will be automatically obtained when the column is assembled. The maximum length of any section shall be 10 feet or less. 2. Line Shafting: The line shafting shall be turned, ground and polished ASTM A582 grade 416 stainless steel, of ample size (1-inch minimum or as indicated otherwise) to operate the pump without distortion or vibration and shall be tested for straightness. Shafting shall not be smaller than the minimum permitted by AWWA E103 and shall be straight. The shafts shall be furnished in interchangeable sections not over 20 feet in length. Shaft couplings shall be extra strong threaded steel couplings machined from solid bar steel and shall be designated to transmit the full load torque and thrust and to maintain alignment between adjacent shaft sections. The upper end of the shafting shall be provided with a flanged coupling with a threaded adjusting piece for raising or lowering 233 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 6 the shafting and pump impeller to properly center the impeller in the pump. Couplings shall be ASTM A582 grade 416 stainless steel or better. D. Bearings: 1. For pumps with discharge nozzle sizes smaller than 14 inches in diameter, pump anti-friction bearings shall be L-10 life of 50,000 hours in accordance with ABMA 9 or 11. Unless otherwise noted, bearings for other elements in the rotating system including motors and intermediate shaft bearings shall be selected using the same criteria as specified for the pump. 2. Bearing selection shall be based on the worst combination of continuous duty operating conditions specified and shall include both steady-state and transient loads. E. Bowl Assembly: The pump bowls shall be of high tensile strength, close-grained cast iron conforming to the requirements of ASTM A48, free from blow holes, sand holes, and all other faults and shall be accurately machined and fitted to close dimensions. The water passageways shall be lined with vitreous enamel or other similar material to provide smooth water flow and maximum pump efficiency. The impeller shaft shall be of ASTM A582 grade 416 stainless steel or better with one bearing on each side of every impeller. The impeller shaft sizing shall conform to the same requirements as the line shaft specified above. Bearings shall be either of all high lead bronze construction or a combination of high lead bronze and rubber, designed for water lubrication, but bearings of “rubber only” will not be acceptable. Suction case bearing shall be permanently grease packed and fully protected against the entry of sand and abrasives. 1. Impeller: Impellers shall be of 316SS, enclosed or semi-open type, accurately fitted, perfectly balanced, and securely fastened to the impeller shaft in such a manner that they cannot loosen in service, but can be removed without damage to the bowl shaft. Both bowls and impellers shall be designed with an impeller seal ring to prevent slippage of water between bowl and impeller, open end smooth water passages to secure efficient operation and to prevent air and sand locking. Pump suction case shall be bell mounted, properly vaned to permit uniform entrance of the fluid into the impeller eye. Sufficient lateral adjustments shall be provided in the design of the bowl assembly to permit proper impeller adjustments and to insure proper operation of the pumping unit. 2. Strainer: A galvanized basket type strainer shall be provided having a net inlet area equal to at least four times the suction pipe area. The maximum opening size shall not be more than 75% of the minimum opening of the water passage through the bowl and impeller. F. 2.04 APPROVED MANUFACTURERS The vertical turbine pump specified herein shall be as manufactured by Berkeley, Floway or Approved Equivalent. 234 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 7 2.05 MOTOR A. General: Motor shall be the type and size to match the driven equipment throughout the speed and load range, including at maximum load. The service factor for the motor shall not be applied when sizing the motor. B. Type: Motor shall be single speed, squirrel cage induction, weather-protected, Type I (WP-1). Small and medium size motors per NEMA MG 1, Section II shall be NEMA Design B. Large size motors per NEMA MG 1, Section III shall be standard torque type. Motors 15 horsepower and larger shall be NEMA Starting Code F or G. C. Speed: Motor shall be constant speed. Refer to the pump specification, this Section. D. Motor Bearings: Shall be designed for the same criteria as the pump bearings. E. Efficiency: All motors shall be classified as “Premium Efficient” and shall have minimum guaranteed full load efficiencies in accordance with NEMA MG 1-12.60. The efficiency shall be determined by IEEE 112 Method B for motors up to 300 horsepower and Method F for motors above 300 horsepower. Efficiency shall be listed on the nameplate in accordance with NEMA MG 1-12.58.2.. 2.06 SPARE PARTS The equipment manufacturer shall supply the following spare parts for the pump: 1 – Lower bearing assembly 1 – Upper bowl bearing 1 – Set lineshaft bearing assemblies 1 – Mechanical Seal 2.07 PIPIING, PLUMBING, AND MISCELLANEOUS A. Connection to Discharge Piping Contractor shall provide and install a 10” steel pipe spool and grooved-end coupling to connect the pump discharge to existing 10” steel piping. The spool shall be schedule 40 steel pipe with flange by grooved end. The pipe lining shall match the lining of the existing pipe. The pipe coating shall be an epoxy / acrylic system. The expoxy shall be two coats with a total dry film thickness of 6 – 10 mils such as Tnemec L69 Hi-Build Epoxoline II or approved equivalent. The acryliuc shall be one coat with a dry film thickness of 2–3 mils such as Tnemec Series 1029 Enduratone or approved equivalent. Contractor shall determine dimensions from field measurements and include with shop drawing submittal. B. Contractor shall provide and install a complete working water pre-lube system appropriate for outdoor installation. City field staff will tap into existing charged piping, install ball type shut-off valve, solenoid valve, and plumbing and provide a stub-out at the pedestal. Contractor shall connect to the pump discharge head. Plumbing shall be stainless steel or approved equivalent. Contractor shall determine dimensions in field and provide measurements with shop drawings for all of contractor’s components of the work. 235 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 8 C. The pump manufacturer shall verify the impeller, motor rating, and electrical connections are in compliance with the specifications and shop drawings. PART 3: EXECUTION 3.01 CONNECTIONS AND CONTROL The Contractor shall make all piping, power and control connections to allow for a complete and operable pump. 3.02 FACTORY PUMP TEST A. The purpose of equipment testing is to demonstrate the pump units meet the specified requirements. Tests and checks listed herein shall be completed prior to shipment at the factory. For pumps with motors of 50 horsepower and less, the tests may be completed with shop provided motors. For pumps with motors over 50 horsepower, tests shall be performed on the actual motor/pump unit. B. The pump manufacturer shall verify the impeller, motor rating, and electrical connections are in compliance with the specifications and shop drawings. C. Factory pump curve tests shall include operation over the entire range on the certified performance curve. Six test points shall be recorded, two of which shall be “Shut Off” and the hydraulic “Design Point”. Prototype model tests are not acceptable. Test reports and procedures shall conform to applicable requirements of the Hydraulic Institute Standards. D. A check for noise and vibration shall be conducted and recorded. E. Tests shall be performed under the direction of and signed by a registered engineer. 3.03 FACTORY WITNESS TESTING Factory witness testing is required by the owner or owner representative. The Contractor shall provide at least 2 weeks notice prior to the factory testing. The Contractor shall pay costs for all costs associated with travel, transportation, lodging and meals for one representative to witness the “Facotry Pump Tests”. In the event the test is not passed, the Contractor shall be responsible for all costs associated with the Owner’s representative for additional test(s) including the time for the owner or owner representative which would be assessed at standard hourly rates. Travel shall be with a direct flight when possible. 3.04 FACTORY MOTOR TEST A motor and cable insulation test for moisture content or insulation defects shall be made with a megohm meter. All values shall be recorded in a written report. 236 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 9 3.05 INSTALLATION AND START-UP A. The Contractor shall arrange to have the pump manufacturer or supplier of the equipment furnished under this section provide the services of competent factory-trained personnel to supervise the installation and initial operation. B. The Contractor shall touch up all painted surfaces which have any damage in a manner acceptable to the manufacturer. C. The Contractor shall take all field measurements and veify dimensions prior to shop drawing submittal. 3.06 FIELD TESTING A. Responsibilities: Provide all meters and equipment required for testing including pressure gauges, flow meters, volt meters, power meters etc. Provide any necessary temporary piping or valves, caps, air releases, etc. to be used and remove when testing is completed. New meters and gauges may be used when practical. B. Testing Plan: Develop a detailed testing plan indicating the order of tests to be completed, piping, control of flow, water supply and disposal (if needed), testing procedures, specialized personnel, location and equipment for measurements, etc. C. Instrumentation: Provide calibrated test instrumentation and equipment for field quality control tests including but not limited to pressure gauges and flow instruments. Prior to testing, provide certified reports for all test instrumentation indicating the instrumentation has been calibrated to verifiable national standards within the past year. Prior to testing, submit signed and dated certificates of calibration for all instrumentation and equipment as required under “Submittals” herein. D. Preliminary Tests: Perform tests on pumps, drivers, and equipment, including visual equipment checks to ensure compliance with approved detail drawings; pump start-run to ensure proper operation and to detect leakage of piping, valves, and fittings; sequence of operation check; verification that required pump accessories have been provided; test of pump alarm devices; and additional inspections and tests necessary to ensure that the entire pump installation is correct, complete, and ready for operation. The Contractor shall notify the Owner at least 24 hours prior to performing the preliminary tests. The Owner may or may not attend the preliminary test, at the Owners discretion. E. Formal Testing: Following satisfactory completion of the Preliminary Tests, the Contractor shall, in the presence of the pump manufacturer’s representative and the Owner’s representative, operate each pumping unit over the entire specified range. The operation over the entire specified range shall be free of vibration, noise, or cavitation. As a minimum, the testing shall include: 1. Vibration shall be checked and recorded. Vibration shall be measured in accordance with ISO 10816 for all pumps 50 hp and larger. An independent testing company specializing in this work shall be retained by the Contractor but acceptable to the Owner. Field vibration shall not exceed 0.31 in./sec. peak-to-peak when operating at any point between 85% of the minimum flow condition 237 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 10 to 115% of the maximum flow condition, measured at the top of the discharge head. 2. Each pump performance shall be documented by obtaining concurrent readings showing motor voltage and amperage, pump discharge and suction head, water surface elevation in the wet well (if applicable) and pump capacity. Readings shall be documented for at least five pumping conditions to ascertain the actual pumping curve. One test shall be at shutoff head. Each power lead to the motor shall be checked for proper curve balance at the motor terminals and the Motor Control Center. 3. Noise shall be measured and recorded. Contractor shall provide sound proofing as required if sounds echo excessively. 4. In the event any of the pumping equipment fails to meet the above test requirements, it shall be modified and retested in accordance with the requirements of these Specifications. F. 24 Hour Pump Test: A pump test shall be performed after acceptance of the formal testing. The pump shall be run for 24 hours, and readings shall be taken on an hourly basis. Readings shall consist of pump discharge head, water surface elevation, and pump capacity. G. Manufacturer’s Certified Field Testing Report: The equipment manufacturer, or his authorized representative, shall submit a notarized written report with respect to his equipment certifying that 1. The equipment has been properly installed and lubricated under his supervision 2. The equipment is in accurate alignment 3. An authorized representative was present when the equipment was placed in operation 4. An authorized representative has checked, inspected, and adjusted the equipment as necessary 5. The equipment is free from any undue stress imposed by connecting piping, anchor bolts, or other installation appurtenances 6. The equipment has been operated under full load conditions and operated satisfactorily 7. The authorized representative has inspected the equipment during the operational demonstrations and system validation tests to the extent specified 8. The equipment is fully covered under the terms of the guarantee. 238 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 11 3.07 TRAINING OF OWNER’S PERSONNEL The Contractor shall provide the services of a representative of the manufacturers to instruct the Owner’s operating personnel in the use and maintenance of the equipment. END OF SECTION 239 NOTICE INVITING BIDS 240 NOTICE INVITING BIDS for Well No. 11 Pump and Motor Project 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 3:00 p.m., August 23, 2018, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name address appearing on the outside. Bids should be mailed or delivered in person before 3:00p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s Office before that time. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. The bids shall be clearly titled. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for August 9, 2018 at 10 a.m. in the Public Utilities Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is mandatory. City of Vernon Contact Person: Public Utilities Department Attention: Fred Cardenas Phone: (323) 583-8811 ext. 872 Email: fcardenas@ci.vernon.ca.us Public Utilities Department Attention: Joanna Moreno Phone: (323) 583-8811 ext. 888 Email: jmoreno@ci.vernon.ca.us General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and 241 Specifications and will generally include the following: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: manufacturing and installation of a new pump and motor per the specifications titled Attachment No. 1 The work shall be done in accordance with Specification No. W11-2018. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Contract Time: This Work must be completed within 90 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. Amount of Liquidated Damages: $ 750.00 per calendar day 3. Required Construction Staging Not Applicable 4. Intermediate Completion Milestones Not Applicable 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer’s Estimate. Not Applicable 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): C57, Well Drilling; C-61, Limited Specialty Classification; D-21, Machinery and Pumps. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that 242 Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 10. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a 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 of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 11. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained by Contractor and will be “No Fee” permits. 12. Bid Forms and Security: Each Bid must be made on the Bid Forms contained in the “Notice Inviting Bids” package. 13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 17. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project 243 is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: ___________ (Approved as to form by City Attorney) Published: _______ 244 INSTRUCTIONS TO BIDDERS 245 City of Vernon Instructions for Bidders Project: Well No. 11 Pump and Motor Project for the Public Utilities Department City personnel with whom prospective bidders will deal with are: Fred Cardenas and Joanna Moreno, Public Utilities Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 872 and 888, respectively. Bid opening date and time: 3:00 p.m., August 23, 2018 (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the 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 of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. 246 Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS – SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. 247 E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid 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 alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the 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 of a 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 248 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.” 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises, the 249 lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. All information required by a Bidder’s 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 form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work. 250 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work — exceeds one-half of one percent of the total Bid Amount. B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is 251 ineligible to perform work pursuant to the above code provisions. 10. 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. 11. 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 furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to 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 of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other 252 expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. 14. 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 Governmental Approvals and Utility Fees. 15. SUBSTITUTIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fifteen (15) calendar days from the date of the 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. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Public Utilities Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or 253 supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non- responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the 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 works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder 254 meeting all requirements set forth in these Bidding Documents. The City will award the Contract based on the lowest Base Bid without consideration of the prices on the additive or deductive items. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way 255 whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 256 C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. 1187, the City’s Living Wage Ordinance. Upon request, certified payroll B. Documents shall be provided to the City. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. C. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply 257 with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, 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 California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 26. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. 258 [END OF DOCUMENT] 259 BIDDING FORMS 260 r ~ a 159 N. ACACIA STREET *SAN DIMAS, CA 91773 PHONE: (909) 599-9606 *FAX: (909) 599-6238 CAMARILLO, CA 93010 * PHONE: (805) 482-1215 www.genpump.com WELL &PUMP SERVICE SINCE 1952 Serving Southern California and Central Coast REQUEST FOR BIDS Well No. 11 Pump and Motor Project SEPTEMBER 6, 2018 @ 3:00 P.M. PREPARED BY MICHAEL BODART /DANIEL PICHARDO GENERAL PUMP COMPANY, INC. FOR THE CITY OF VERNON Lic. #496765 Original 261 ~ D ~~~ ~~~I WELL &PUMP SERVICE SINCE 1952 Serving Southern California and Central Coast September 6, 2018 City of Vernon Public Utilities 4305 Santa Fe Avenue Vernon, California Attn: Joanna H. Torres /Fred Cardenas 159 N. ACACIA STREET %SAN DIMAS, CA 91773 PHONE: (909) 599-9606 x FAX: (909) 599-6238 CAMARILLO, CA 93010 X PHONE: (805) 482-1215 www.genpump.com Lic. #496765 Via Hand Delivery Subject: Well No. 11 Pump and Motor Project Bid Due September 6, 2018 @ 3:00 p.m. General Pump Company, Inc. is pleased to submit our Bid regarding the above referenced project. Enclosed are the Bidder's Proposal forms as well as the Addendum 1. Also included are the alternate scopes of work referenced on page 33 of 171 for the original bid specification. Alternate No. 1 Scope of Work —Install complete oil lubricated pump Water lubricated pumps are best suited for static water levels (SWL) not exceeding 150 ft. Based on the current SVVI, of around 230', an oil lubricated system is better suited for this well. Furthermore, oil tubes protect the lineshaft from any sanding issues and have improved bearing supports every 5 feet rather than every 10 feet for a water Tube. The mechanical seal is also replaced with a packing box which is better suited for deep well applications. Total Alternate No. 1(DEDUCTION) - $3, 600.00 Alternate No. 2 Scope of Work —Column Pipe Upgrade Upon request, the City may opt to upgrade the column pipe to schedule 40 (.365" Wall) pipe. Doing so extends the life of one of the most expensive components of the pump equipment. Total Alternate No. 2 (ADDITION) + $5,800.00 262 City of Vernon Well No. 111 Pump &Motor Project Bid --~ September 6, 2018 Page -2- Should you have any questions or need additional information, please do not hesitate to contact us. Thank you for the opportunity to provide you with our Bid. Sincerely, GENERAL PUMP COMPANY, INC. 1 Daniel Pichardo, EIT Project Engineer 263 BIDDIfVG FORMS Page 26 of 171 264 BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: PROJECT; Well No. 11 Pump and Motor Project, Specification No. W11-2018 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: 1. Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Security in the following form (check one): q Cashier's Check ❑Certified Check ~ Bid Bond ❑Cash 5. Bidder's Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Contractor Safety Questionnaire 9. Designation of Subcontractors 10. Contractor's Affidavit of Noncollusion 11. Insurance Requirements Affidavit 12. Statement of Disqualification or Debarment. 1.3. Pre-Bid Site Inspection Certification. B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space below. Addendum No. 1 dated 8/20/18- Received If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected. C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Page 27 of 171 265 Documents and/or any unusual site conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work, time of completion or the costs thereof. Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract. Page 28 of 171 266 ` , , PUBLIC UTILITIES 4305 S. Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 20, 2018 Via e-mail &City website NOTICI? TO BIDDERS —ADDENDUM NO. 1 WELL NO. 11 PUMP AND MOTOR PROJECT This notice shall be considered as Addendum No. 1 to the Request for Bids for the We11 No. 11 Pump and Motor Project. This addendum modifies the original Request for Bids as noted below. All other portions of the contract, not specifically mentioned in the Addendum, remain in force. Notice Inviting Bids: In the REQUEST FOR BIDS, replace pages 8 and 9 of the NOTICE INVITING BIDS. These pages are to be amended as follows: 1. On page 8 of the REQUEST FOR BIDS, NOTICE INVITING BIDS section —Paragraph 1 is amended as follows: a. Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 3:00 p.m., September 6, 2018, b}' the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (`'Bid Deadline"). 2. On page 9 of the REQUEST FOR BIDS, NOTICE INVITING BIDS section —Other Bidding Information: Item No. 9 is amended as follows: a. Contractor's License. At the time of the Bid Deadline and ~~t ~~11 times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's~license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compli~~~~ce with Public Contract Code Section 3300, the City has determined that the Bidder must possess one of the following licenses}: C57, Well Drilling; C-61, Limited Specialty Classification; D-21, Machinery and Pumps. The Bidder ~,~ill not receive a Contract award if at the time of submitting the hid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds; and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 267 ~ ~ ~ Instructions for Bidders: In the REQUEST FOR BIDS, replace page 12 of the INSTRUCTIONS FOR BIDDERS. This page is to be amended as follows: 3. On page 12 of the REQUEST FOR BIDS, INS'T'RUCTIONS FOR BIDDERS section —Paragraph 3 is amended as follows: a. Bid opening date and time: 3:00 p.m., September 6, 2018 ("Bid Deadline") Attachment 1 —Specification No. W 11-2018: In the REQUEST FOR BIDS, replace pages 6, 7 and 8 of ATTACHMENT 1 —SPECIFICATION NO. W 11-2018. These pages are to be amended as follows: 4. In the REQUEST FOR BIDS, on page 6 of ATTACHMENT 1 —SPECIFICATION NO. W 1 1- 2018, PART 2: PRODUCTS —Section 2.03 PUMP CONSTRUCTION is amended as follow~: a. Eliminate Item F. Protective Coating. 5. In the REQUEST FOR BIDS, on pages 7 and 8 of ATTACHMENT 1 —SPECIFICATION NO. W11-2018, PART 2: PRODUCTS —Section 2.07 PIPING, PLUMBING, AND MISCELLANEOUS: Item B is amended as follows: a. Contractor shall provide and instal l a complete working water pre-tube system appropriate for outdoor installatio~~. t;ity field staff will tap into existing charged piping, install ball type shut-off valve, solenoid valve, anti plumhing and i~rovide a stub-out at the pedestal. Contractor shall connect to the pump discharge head. Plumbing shall be stainless steel or approved equivalent. Contractor shall determine dimensions in field and provide measurements with shop dr~~«~ings for all of contractor's components of the work. During the Pre-bid Meeting on August 9, 2018, questions arose regarding the discharge nozzle and the mechanical seal. The discharge nozzle stated in Specification No. W 1 ] -2018 is in reference to a reducer from the discharge pipe to the existing pipe. The centerline of the discharge for the well pump head is 11.875 inches. The flange is a 23.750-inch diameter and is touching the same plane as the base. There have been no changes to the mechanical seal; it is to remain as specified in Specification No. W 11-2018. If you have any questions, please contact Joanna Moreno at phone number (323)583-8811 extension 888 or email iij~oreno@ci.~jernon.ca.us, or contact Fred Cardenas at extension 872 or email fcardenas@ci.vernon.ca.us. Best Regards, Kelly Nguyen General Manager Michael Bodart President /Director of Engineering 08/20/18 We acknowledge the remaining 8 page Addendum No.l 268 9 NOTICE INVITING BIDS f~~ r' Well No. 11 Pum~~ ~tncl ~VTotor E'ro,ject in the Ciri~ of Vernon, California Bids are to be si~Ti~cc1 ~~nd submitted in 'TRIPLICATE. CANE ORIGINAL AND T\NO COPIES ofi~ sealed bids ►nt«t be received prior to x:00 p.rn., Sc~i~tembei~ 6, 2018, by the City Clerk, City of~ Vernon, ~30~ Santa l~e Ave►~ue, Vernon. CA 9005 . ("I3id Deadline"). All bids shall be inclosed in scaled envelo~~es, distinctly marked "Bid" ~i~ith the title of the bid and tt2e bidcicr's name address ~il~E~earin~; can the outside. Bids should be mailed or deli~~crccl in i~erson before 3:OOp.m. can the ~3ic1 Deadline. LATE SUBI~~IITTALS WILL NOT 13F, ACCCPTED. Bids must be i•ecei~°eel ill tl~c City Clerk's Office before that time. At the bid opening, tlic City Clerk sh~~tl open bid r~ackages anti ackno~~~ledge the recei~~t of Bids. once all laid ~~acl.a~es are ~~~~ened and announced, the I3ic1 Forit~s will be riiade available for ~~tiblic re~~ie~~~. The bids shall be ~Icarl~ titled. Pre-Kiel Meeting: A E~rc-L id meeting to answer any questions reg~~rdin~ tl~e project Mans and specitications is sch~clulcd for August 9, 2018 ~~t 1 Q ~.m. in the Public Utilities D~E~artrllent, ~30~ Santa Fe ~1~~ei~~ic. Vernon, California. ~I IIIS 111(',f:Illl;~ i~ to ~i11S~ver an~~ questi~r~s re~~arding the project pia~ls and sE~ccitications. Attendance is manciato►•~~. City of Vernon Cont~rct Person: Nublic Utilities Departi7~ent attention: 1~ ~~ed Cardenas I~~1011t',: (323) 583-881 1 eat. 872 l:i»aiL• fc~rcien~s@ci.veen~~n.ca.us Public l.tilities Uepai-tment ~~ttention: Joanna Ivioreno Phone: (323) 583-88 ] 1 ext. 888 (;111~11~: ~t1101'('iIU~CI.V~I't1O11.Cci.11S Ger~cral Scope of «'ork: C011ti'1C101' SI11II ~`UI'IIISII IcibC~l'. 111~1C1•ials. equipment, services, ai d sE~e~ialized skills to pei•fioi-~Z~ work involved in tl~c ['roject. "I~hc VVorl i» t(~e E3id is defined in ti~~ Project Di•a~vings and Page 8 of 171 269 Specifications and will generally include the following: Contractor shal l I'u~~nish labor, materials, equipment, services, and speciali-r_ed skills to perform work involved in ~I~~ Project. The Work in tl~~ f3id is defined in the Project Drawings and Specifications and will generally include: Ill~tllllfaCllll'lll,~ anci installation of a new pun~~~ ~~nd motor per the specifications titled Attachment No. The work shall be done in accordance with Specification Nn. W 1 I -2U 18. In the event of an}~ conflicts, refer to the Procedure of Contract Documents" contained in General Conditions, Section 1.10. Mandator-• Qualifications fc~r 13icider and llesignated Subcontractors: A Bic1 »>a~~ he rejected as non-responsive if the Qid fails t~ docume~~t that Bidder iiicct~ tl~c essen~ial ~~eyuirements for qualification. As part of the [3idder'S StalC111Cl11 Of QU~tII I IC~lllOIIS. each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of'the Bid submitted for this Project. Other Bidding Information: 1 . Contract Time: This Work must be completed within 90 calendar days frog» tl~c elate of commencement as established by the City's written Notice to Proceed. 2. Amount of Liquidated Damages: $ 750.00 per calendar day 3. Required Construction Staging Not Applicable 4. Intermediate Completion Milestones Not A~~plic~~hlc 5. Bidding Documents. Bids must he made on the Proposal Form contained herein. 6. Engineer's Estimate. Not Applicable 8. Acceptance or Resection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities oc tecl~nica( defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor's License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's license or licenses, curre»t and acti~~e, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compli~~~~ce with Public Contract Code Section 3300, the City has determined that the Bidder must possess one of the following license(s): C57, We(1 Drilling; C-61, Limited Specialty Classification; D-21, Machinery and Pumps. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidde~~ is unlicensed, does not have all of the required licenses, or one or mo~•e of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Page 9 of 171 270 City of Ver't10Ii Instr'IICtInI1S fOr Bidders Project: Wel! No. I 1 Pum}~ and M~t~~r Project for the Public Utilities De~~artment City personnel ~ti~ith whom prospective bidders will deal ~~~ith are: Fred Cardenas and Joanna Moreno, Public Utilities Department, 4305 Santa Fe ~vei~uc. Vernon, CA 90058 (323) 583-8811 Ext. 872 and 888, respectively. Bid openii~~ elate and time: x:00 p.i1i.. September 6. 2018 ('`f3ic1 D~adlii~e") Bids will he received and opened pit tl~c~ Office of the City Clerk, 4305 Santa I~e Avenue, Ver~n~~i~. CA 00058 The bid must be received by the City Clerk E~rior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is anon-responsive bid and shall not be considered. GENERA-1L BID REQUIREMENTS To be considered. ~~ bidder i»ust strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opcnine~. but bids shall re~l~ain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder• must possess a valid State of California Contractors License and must list tti~~~c in the classifications) specified in the Notice Inviting Bids at the time ofthe Bid Deadline and at all times during the performance of the Work, except as otherwise provided i~~ California Business ai d Professions Code Section 7028.15. 2. INTFRPRF,TATIO~` OF BIDnING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors ~r- omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall subi»it such written requests to City not less than ten (10) calendar days prior tc~ the E3id Deadline. The person or entity submitting the request shall be responsiE~le fog- its prompt delivery to City's Contact Person identified in the Notice Invitin~~ [aids. Page i2 of 171 271 f SPECIFICATION NO. W 1 1-201$ the shafting and pump impeller to properly center the impeller in the pump. Couplings shall be ASTM A582 grade 416 stainless steel or- better. D. Bearings: Fo~~ ~~u,»E~s ~~ itl~ clischar`~~ nozzle sizes smaller than ]4 inches in diameter, pump anti-t~riction h~~~ri~l~~s shall be L-10 life of 50,000 hours in aceordai~ce with ABMA 9 or 1 1 . Unless otherwise noted, bearings for other elements i» the rotating system including motors and intermediate shaft bearings shall be selected using the same criteria as speci I led for the pump. 2. Bearing selection shall be based on tl~e worst combination of continuous duty operating conditions specified and shall include both steady-state and transient loads. E. Bowl Assembly: The pump bowls shall be of high tensile strength, close-grained cast iron conforming to the requirements of ASTM A48, free from blow holes, sand holes, and all other faults and shall be accurately machined and fitted to close dimensions. The water passageways shall be lined with vitreous enamel or other simila~~ material to provide smooth water flow and maximum pump efficiency. The impeller shaft shall be of ASTM A582 grade 4l6 stainless steel or better with one bearing on each side of every impeller. The impeller shaft sizing shall conform to the same requirements as the line shaft specified above. Bearings shall be either of all high lead bronze construction or a combination of high lead bronze and rubber, designed for water lubrication, but bearings of ``rubber only" will not be acceptable. Suction case bearing shall be permanently grease packed and fully protected against the entry of sand and abrasives. 1. Impeller: Impellers shall be of 316SS, enclosed or semi-open type, accurately fitted, perfectly balanced, and securely fastened to the impeller shaft in such a manner that they cannot loosen in service, but can be removed without damage to the bowl shaft. Both bowls and impellers shall be designed with a►1 i ~»}~eller seal ring to prevent slippage of water between bowl and impeller, open end smooth water passages to secure efficient operation and to prevent air and sand locking. Pump suction case shall be bell mounted, properly vaned to permit unitarm entrance of the fluid into the impeller eye. Sufficient lateral adjustments shall be provided in tl~e design of the bowl assembly to permit proper iii~peller adjustments a~~ci to insure proper operation of the pumping unit. 2. Strainer: A galvanized basket type strainer shall be provided having a net inlet area equal to at least four times the suction pipe area. The maximum opening size shall not be more than 75% of the minimum opening of the water passage ti~rough the bowl and impeller. F. 2.04 APPROVED MANUFACTURERS Tf1e vertical turbine pump specified herein shall be ~1S 111~illUla~tiu~ed by Berkeley, Floway or Approved Equivalent. Well No. 11 ~~ERT(CAL TURBfNE PUR9PS R.C. Slade 5125/ 18 1 12 10- 6 272 SPECIFICATION NO. VV 1 1-2018 2.05 MOTOR A. General: Motor shall be the type and size to match the driven equipment throughout the speed and load range, including at maximum load. The service factor for the motor shall not be applied when sizing the motor. B. Tvae: Motor shall be single speed, squirrel cage induction, weather-protected, Type I (WP-1). Small and medium size motors per NEMA MG 1, Section It shall be NEMA Design B. Large size motors per NEMA MG 1, Section 1I1 shall be standard torque type. Motors 15 horsepower and larger shall be NEMA Starting Code F or G. C. Seed: Motor shall be constant speed. Refer to the pump specification, this Section. D. Motor Bearings: Shall be designed for the same criteria as the pump bearings. E. Efficiency: All motors shall be classified as `'Premium Efficient" and shall have minimum guaranteed full load efficiencies in accordance with NEMA MG 1-12.60. The efficiency shall be determined by IEEE 112 Method B for motors up to 300 horsepower and Method F for motors above 300 horsepower. Efficiency shall be listed on the nameplate in accordance with NEMA MG i-12.58.2.. 2.06 SPARE PARTS The equipment manufacturer shall supply the following spare parts for the pump: 1 —Lower bearing assembly 1 —Upper bowl bearing 1 — Set lineshaft bea►•i►Ig assemblies 1 —Mechanical Seal 2.07 PIPIING, PLUMBING, AND MISCELLANEOUS A. Connection to Discharge Piping Contractor shall provide and install a 10" steel pipe spool and grooved-end coupli►~g to connect the pump discharge to existing 10" steel piping. The spool shall be schedule 40 steel pipe with flange by grooved end. The pipe lining shall match the lining of the existing pipe. The pipe coating shall be an epoxy /acrylic system. The expoxy shall l~~ two coats with a iota! dry film thickness of 6 — 10 mils such as Tnemec L69 Hi-E3i~ilcf Epoxoline II or approved equivalent. The acryliuc shall be one coat with a dry ti i n~ thickness of 2-3 mils such as Tnemec Series 1029 Enduratone or approved equivalent. Contractor shall determine dimensions from field measurements and include with shop dra«=ing submittal. B. Contractor shall provide and install a complete workin~~ ~~atcr pre-tube system appropriate for outdoor installation. City field staff will t~~E~ i»to existing charged piping, install ball type shut-off valve, solenoid valve, and pli~~l~bing and provide a stub-out at the pedestal. Contractor shall connect to the pump discharge head. Plumbing shall be stainless steel or approved equivalent. Contractor shall determine dimensions in field and provide measurements with shop drawings for all of contractor's components of the work. Well No. i l VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 7 273 r 1 SPECIFICATION NO. W 11-2018 C. The pump manufacturer shall verify the impeller, motor rating, and electrical connections are incompliance with the specifications and shop drawings. PART 3: EXECUTION 3.01 CONNECTIONS AND CON~'ROL The Contractor shall make all piping, power and control connections to allow for a complete and operable pump. 3.02 FACTORY PUMP TEST A. The purpose of equipment testing is to demonstrate the pump units meet the specified requirements. Tests and checks listed herein shall be completed prior to shipment at the factory. For pumps with motors of 50 horsepower and less, the tests may be completed with shop provided motors. For pumps with motors over 50 horsepower, tests shall be performed on the actual motor/pump unit. B. The pu►1~~~ i»anufacturer shall verify the impeller, motor rating, and electrical connections are incompliance with the specifications and shop drawings. C. Factory pump curve tests shall include operation over the entire range on the certified performance curve. Six test points shall be recorded, two of which shall be "Shut Off' and the hydraulic "Design Point". Prototype model tests are not acceptable. Test reports and procedures shall conform to applicable requirements of the Hydraulic Institute Standards. D. A check for noise and vibration shall be conducted and recorded. E. Tests shall be performed wider the direction of and signed by a registered engineer. 3.03 FACTORY WITNESS TESTING Factory witness testing is required b~~ the owner or owner representative. The Contractor shall provide at least 2 weeks notice ~ric~r to the factory testing. The Contractor shall pay costs for all costs associated with travel, trans~~ortation, lodging and meals for one representative to witness the "Facotry PumE~ Tests". In tht event the test is not passed, the Contractor shall be responsible for all costs associated with the Owner's representative for additional tests) including tl~e time for the owner or owner representative which would be assessed at standard hourly rates. Travel shall be with a direct flight when possible. 3.04 FACTORY MOTOR TEST A motor and cable insulation test for ~1loisture content or insulation defects shall be made with a me~ohm meter. All values shall be recorded in a ~~ ritten report. Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 8 274 PRE-BID SITE INSPECTION —CERTIFICATION: Persons) who inspected site of the proposed Work for your firm: Name: Daniel Pichardo Date of Inspection Title: Applications Engineer Name: Title: Date of Inspection 08/09/ 18 D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price. E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. Ij~ the event of a Bid dispute based upon the Bidder's submissio~l 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 at•ising thet•efi•om if such dispute or• action arises solely upon the awat•d of a Contract in compliance with federal, state, and local laws. The Bidder declares that neither he/she nor any member ofhis/her firm or corporation is an officer or employee of the City of Vernon. hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this 6t1~ day of September at Bidder's Proposal Respectfully Submitted COMPANY San Dimas NAME OF BIDDER City California State Page 29 of 171 275 NAME: General Pump Company, Inc. ADDRESS: 159 N. Acacia Street San Dimas, CA 91773 CONTACT PERSON: Michael Bodart TELEPHONE NUMBER: 909 599-9606 FAX NUMBER: 909 599-6238 E-MAIL: mbodart@genpump.com/ajuarez@genpump.com CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 496765; EngrA., C57, C61, D21 EXPIRATION DATE: 08/31/2020 TAX IDENTIFICATION NO.: 95-3551896 SURETY COMPANY; Tra►relers Property Casualty &Surety All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder. Failure to sign the Bidder's Proposal may invalidate the Bid. See attached BIDDER'S PROPOSAL — SIGNATURE(S): Form of Entity of Bidder: Please check the appropriate signature block below and fill in all related information. Sole Proprietorship: Page 30 of 171 276 MINUTES OF SPECIAL MEETING OF SHAREHOLDERS AND DIRECTORS OF GENERAL PUMP COMPANY, INC. A California Corporation A special meeting of the Shareholders and Directors of GENERAL PUMP COMPANY, INC., a California corporation, was held at 159 N. Acacia Street, San Dimas, CA, 91773 on March 13, 2018 at 10:00 a.m. The roll call was as follows: PRESENT: Michael Bodart, Ginger Campbell, Tom Nanchy, William Tweed, Fernando Munoz, Walter Ray Reece and Ron White ABSENT: None The meeting was called to order by the President, Michael Bodart and Ginger Campbell, who presided as Secretary of the meeting. The President announced that the meeting was held pursuant to the provisions of the By-Laws. No objection being made, a reading of the minutes of the last meeting of the corporation was dispensed with and upon motion duly made, seconded and unanimously carried, the same were approved without reading. The President stated that the first order of business was to approve signing authority on bids, bid bonds and contracts as follows: Michael Bodart, as President /Director of Engineering to a maximum value of $2,000,000 each occurrence, Walter Ray Reece, General Manager, Camarillo Branch to a maximum value $500,000 each occurrence, Thomas Nanchy, Sr. Project Manager /Project Engineer to a maximum value of $500,000 each occurrence, and Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that the corporation approves the authority of Michael Bodart, Walter Ray Reece, and Thomas Nanchy as representatives of General Pump Company, Inc., to sign bids, bid bonds and contracts as listed above. There being no further business to come before the meeting, said meeting was adjourned. ATTEST: Gin er Ca pbell, Secretary Mic ael Bodart, President 277 gy: NIA Title: Printed name of person signing Signature List all d/b/a's; Partnership: ❑General Partner ❑Limited Partner gy; N/A Title: Printed name of person signing Signature X ~ Corporation: gy; Michael Bodart Corporate Officer Title: PresidenU director of Engineering Printed name of persora,signing ignature Joint Venture: ❑Corporation ❑Partnership q Individual ❑Other gy; N/A Title: Printed name of person signing Signature Name of all Joint Venturers: Corporate Seai [If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership orjoint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.] Page 31 of 171 278 SCHEDULE OF BID PRICES PROJECT: Well No. 11 Pump and Motor Project Specification No. W11-2018 BIDDER'S NAME: General Pump Company, Inc. :_ : ~ Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract 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 furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of: r~ ~~ D~Sd~, I~ Dollars ($ I ~D~ ~V ~! ~ ) ,~ r~ Item No. Description Units Quantity Unit Cost Amount 1, Mobilization LS 1 ~ ~~D •~ (~ ~ D 2. Furnish, disinfect, assemble and LS 1 install new pump per Specification OI b~~~ ~ °`' ~ G~~~~60~ No. W11.2018 3. Furnish new motor per Specification No. W11.2018 and LS 1 00 ~ ~ ~b ~'~ ~g~ ~~~ , install / 4, Demobilization LS 1 2„ ~'Op • ~ ~ • 0° BID TOTAL ~2017~ $ WRITTEN AMOUNT u, 1 ~ s ~ All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Page 32 of 171 279 ALTERNATE BID ITEM(S): fBlDDER: PLEASE SPECIFY lF ALTERNATE 8!D ITEMS ARE PRICED AS LUMP SUM OR UNIT PRICESI —NOT APPLICABLE (ADDITIVE or DEDUCTIVE) ALTERNATE N0. 1: (Insert Scope of Work) ~-- ~e1~ GC~I"JGt~t l~~i (~I~~ I~~J a ~' Dollars ($ ~, ((l ~~ • ~ ) dollar (ADDITIVE or DEDUCTIVE ALTERNATE N0.2: (Insert Scope of Work) — ~¢.~, Q.~~`~ ~Y-~ I~"' ~ "' n dollar (dollar amount) rs Dollars ($ ~~~~fQb~~) ) (dollar amount) PTIONAL :TOTAL BI AMOUNT Base Bid Sum lus Additive or Deductive Alternate Nos . ~1litlt'1, I~ ~ o ~S~ ~ Dollars (~ ~ 22. ~ °1 D 0 ~ ~ °a g1~.~YI~~d~al ~~~1- ~ ~.n Zgr~ ~~~~ (written dollar amount) (dollar amount) Respectfully submi Signature Michael Bodart President / Director of Engr. Title 496765 Li~pnse Number (SEAL - if Bid is by a corporation) Attest Amount of Certified or Cashier's Check or Bid Bond Name of Bonding Company General Pump Company, Inc. 159 N. Acacia St, San Dimas, CA 91773 Address 09/06/18 Date 8/31 /20 Date of Expiration Page 33 of 171 280 INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S &OFFICERS' NAME: Michael Bodart Ginger Campbell TITLE: President) Director of Engineering Secretary /Controller The undersigned hereby certifies to the City of Vernon that helshe is the duly elected and acting Secretary of General Pump Company, Inc. (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this 6th day of September 2p18. Ginger mpbell Secr a N i ted Secret y's Signatur Bond No.: Premium Amount: $ Bond's Effective Date: Page 34 of 171 281 BID BOND RECITALS: ~. The City of Ver~~on, California ("City"), I~as issued a Notice Inviting Bids for ifie Work described as foilotivs: Specification NoW11-2018 Well No. 11 Pump and Motor Project in Vernon, CA. ("Projeck"). 2, In response to the Notice Inviting Bids, General Pump Company, 159 North Acacia Street, San Dimas, CA 91773; (Name, address, and telephone of Contractor) (909) 599-9606 (''Principal"j, has submitted the accompanying Bid for the Project. 3, Principal is required under the terms of the Specification—and all Bidding Documents referenced in it—to furnish a bond with the Bid. 4. 1'he Specification, including all its amendments and supplements, and Principal's Bici are incorporated into this Bond a~~d matte a part of it by this reference. 08LIGATION: THEREFORE, for value received, We, Principal anti Travelers Casualty and Surety Company of America, (Name, address, and telephone of Surety) 21688 Gateway Center Drive, Diamond Bar, CA 91765; (909) 612-3670 ("Surety"), a duly adn~i(ted surety insurer under California's laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, anti our respective heirs, executors, adrt~inislrators, s~jccessors, a~tc! assigns to pay Cily the penal sum of Ten Percent (10%) of the Total Amount Bid - - - Dollars (~„ - 10% - _) ("the Bonded Sum"), this amount comprising not less than TEN PERCENT (10%) of Principal's Base Bid, in la~~~ful money of the United States of America. The California licensed Resident Agent for Surety is: Arthur J. Gallagher & Co., 1255 Battery Street, Suite 450, San Francisco, CA 94111; (415) 391-1500 (Name, address, and telephone) Registered Agent's California Department of Insurance License No. 0726293 THE CONDITION OF THIS BOND'S OBLIGATION IS T~-IAT, if: (1) Principal does not (a) ~vithdra~v its Bid for the period specified in il~e Bidding Documents, or—if no period is s~~ecified—for ninety (90) calendar days after Ciiy asvarcls the Contract for tl~e Project, or (b) attempt to ~~rithdra~v its Bid tivhen the requirements of California Public Contract Code §5101 of sey., or any successor legislation, are not met; or (2) City avrards Principal the Contract in response to Principal's did, and 4~~ithin the time and manner specified by the Specification or Contract Documents or—if no period is specified—ti{rithin fourteen (~4) calendar days after the Contract's au~ard, Principal (a) signs and delivers to City the Contract, in accordance ~~~ith tine Bid as accepted, (b) furnishes tl~e required bonds for not only Principal's faithful performance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in the Project, and (c) furnishes the required insurance, then this obligation becomes nu11 and void. Oihen~rise, this Bontl remains in full force and effect, and the follovring terms and conditions a{~ply to this Bond: 1. Surety's obligations under this Bond are se}~arate, ii~depentlent from, and not contingent upon any other surety's guaranteeing that upon City's atvartliny the Contract to Principal, the Principal grill enter into the Contract ~vifh City. 2. No right of action accrues on this Bond to any entity other ii~an Ciiy or its successors and assigns. 3. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surely must pay— in addition to the Bonded Surn—City's reasonable attorneys' fees and litigation costs, in an amount the court fixes. 4. Surety small mail Cily ~vritlen notice ai least 30 days before: (a) the effective date on ~vi~icf~ the Surety ~~rill cancel, terminake, or ~vilhtlra~v from this Qond; or (b) this Qond t~ecomes void or unenforceable for any reason. Page 35 of. 171 282 On the date set forth below, Principal and Surety duly executed this Qond, with the name of each party appearing below and signed by its representatives) under the aulf~ority of its governing body. Dafe: August 13, 2018 PRINCIPAL: eral Pump Cort~p3ny, Inc. (Comp Nam (Signature) sy: l~'Chae/ ~a~~ (Name) Its: ~~F'SI~Pl~~~ilPcTar ~' E/J~r. (Title) Address for Serving Notices or Ofher Documents: !a SURETY: Travelers Casualty and Surety Company of America Com Name) (Signs gy; Betty L. o ntino (Name) Ils: Attorney-In-Fact (Tills) Address for Serving Notices or OO~er Qocuments: 21688 Gateway Center Drive Diamond Bar, CA 91765 CORPORATE SEAL u EVIDENCE MUST BE A~I'ACHED OF 7HE AUTHORI TY OF ANY PERSON SIGNING ASATTORNEY hV-FACT. THE A TTORNEY !N-FACTS SIGNA TURF MUS T BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE !'RfNCIPAL, OR 7}-IE SJRETY, OR 60TH, ARE A CORPORA TION. Page 36 of 171 283 BOND AC{<NOWI.EDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) SS. See Attached Acknowledgment COUNTY OF ) On ibis day of , 20 , before me, (name), a Notary Public for said County, ~~ersonally appeared (name}, who proved to me on the basis of satisfactory evidence to be ll~e person whose nar7~e is subscribed to ibis instrument as the at(orney in fact of subscribed the name of as attorney in fact. anti acknowledged to me that he/sire thereto as principal, and his/he owr~ name certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL Page 37 of 171 284 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On ~~er~he~• ~,-2~-1 ~ before me, $~n~ie ~runelT~r~tarT~'u~.lic Date Here Insert Name and Title of the Officer personally appeared Michael Bodart Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons whose name{) is/ate subscribed to the within instrument and acknowledged to me that he/~1~#a~y executed the same in his/f~cr-ttt~e~r authorized capacity(~es), and that by his/k~r~~l~e~ signature{~) on the instrument the personO, or the entity upon behalf of which the person) acted, executed the instrument. ___ BONNIE BRUN~L ~~~ ~'~ ~'~ Notary Public - C~lifomia z Z Los Angeles County Z Commission x 217326 My Comm. expires Jan 7,X021 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ / Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: U Corporate Officer — Title(s): q Partner — Limited General Individual [__1 Attorney in Fact L~ Trustee [.~ Guardian or Conservator q Other: Signer Is Representing: Signer's Name: ~_i Corporate Officer — Title(s): q Partner — Limited General q Individual ~_~ Attorney in Fact C] Trustee C-7 Guardian or Conservator Other: Signer Is Representing: L4'~.'✓~'✓.C✓~'✓.'r/ '✓4's/f'L:'✓:'~/~'c%.'✓:'✓ '✓.C✓.C✓.'a/:'✓6'✓.'✓.v.'✓.V.'✓:'✓:'✓:'✓ '✓6'✓4'~G'✓:C✓4C✓4'~G'✓G'✓ '✓.~✓:~_.4~.'✓4~✓4'ry~•✓~•~`. 285 ~CKNOWLEDGM~~1T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California County of San Francisco ~ On August 23, 2018 before me, K. Zerounian, Notary Public (insert name and title of the officer) personally appeared Betty L. Tolentino who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their' authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I (Seal) K.IEROUNIAN ~~~~ Notary Public -California z~~~' :_!,,:-~ San Francisco County n ~. Commission ~ 2199730 My Cort~m. Expires Jun 29, 2021 286 Travelers Casualty and Surety Company of America ~~ Travelers Casualty and Surety Company TRAVELERS ~ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betty L Tolentino of San Francisco California ,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. ~~~ FIB ~ftyc~ ~J*~T r a,yo s ~~* ~' G9~~0~ ~ U ~ a HARTFORD, t ~ QORAO~sJR( COlNt. ~ ~ CORN. o r~ f~+l `'~y~ •y ~~di~ ~~b mar ~+ 1 *a 19 ~~ . State of Connecticut City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. G,T~ My Commission expires the 30th day of June, 2021 ~ T*Aq~ ~~~► ~- * ,o~~~os Marie C. Tetreault, Notary Public C~'F' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 13th day of August , 2018 .a. c~~t0'~~'\~'~ e~~~~Y aNO ~~ ~ ~ vP 8`~ ~~r'Qll~{'t MlLRTFO a HAiiTfORD, < A COK4~ ~ ~ CONK. o ~ ~ ~' ~~i~+'' Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAitorney, p/ease ca// us at I -800-421-3880, P/ease refer to the above-named Attorney-in-Fact and the detai/s of the bond to which the power is attached. 287 BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 66 Years 1.2 How many years has your organization been in business under its present name? 33 Years 1.2.1 Under what other names has your organization operated? General Pump Service Incorporated 1.3 1.4 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation/organization: 5/28/85 1.3,2 State of incorporation/organization: California 1,3,3 Corporate ID number: 95-3551896 1.3.4 Name of President: Michael Bodart 1.3.5 Agent for Service of Process: --- If your organization is a partnership, answer the following: 1,4.1 Date of organization/formation: N/A 1.4.2 Type of partnership (if applicable); 1.4.3 Names) of general partner(s): 1.4.4 List all states in which you are registered and state ID numbers for each: 1,5 If your organization is individually owned, answer the following: 1,5.1 Date of organization: N/A 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: Page 38 of 171 288 2, LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable. 496765, Engr A., C57, C61/D21 2,2 List jurisdictions in which your organization's partnership or trade name is filed. 2,3 List any licensing suspensions and/or violations assessed against your organization within the past five years. None 3. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel. Water Well &Pump Rehab Services, Well Destruction, Test pumping 3.2 On the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. 3.3 On a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date). 3.4 On a separate sheet, list the experience and present commitments of the key individuals of your organization. Refer to Statement of Qualifications 4. CLAIMS; LAWSUITS; CRIMINAL ACTS For the following questions, the term "owner" does not include owners of stock in your firm if your firm is apublicly-traded corporation. 4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to: 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? q YES ~ NO Page 39 of 171 289 rl L~ J ~ I - ~ - `- J (~J~ ~ J. G'\.~ ~ KEY PERSONNEL MICHAEL G. BODART, PRESIDENT /DIRECTOR OF ENGINEERING Academic University of Missouri -Bachelor of Science in Civil Engineering Background Post Graduate C.E. Courses in Geohydrology, University of Southern California Certifications 1999-Byron Jackson Training Certificate 1998-Grade 1 & 2 Distribution and Treatment Certificates 1998-Engineering "A" License 1995-Dale Carnegie Course 1995-Mackay Pump Rehabilitation Certificate 1992-Golden State Pump Technical Training Certificate 1990-Completed Graduate C.E. Courses in Geohydrology at U.S.C. 1986-Layne &Bowler Pump School Certification 1986-Baroid 1-week Drilling Fluid Technology Course Certification 1985-National Water Works Correspondence Course Certification Professional General Pump Company, Inc. -President / Director of Engineering - 1993-Present Experience Layne Western -Regional Engineering and Sales Manager (4 offices) Federal Highway Administration -Civil Engineer Professional Presentations Michael G. Bodart (Mike Bodart) is recognized as an expert in the field of pump engineering and well rehabilitation in southern California. He has been invited to speak for numerous professional water related associations and conventions. Has been speaking professionally for more than 25 years and has presented in nationally known associations such as AWWA, Tri-State, Southern California Water Utility Association, Inland Water Works Association, Groundwater Resources Association and Central Coast Water Association. In 1992, Mike was part of a selected six-person panel engineers who met in Kansas City to assist in training nationwide engineers in the water well pump business. OTHER KEY PERSONNEL THOMAS A. NANCHY, SR. PROJECT MANAGER /PROJECT ENGINEER Tom Nanchy, Sr. Project Manager, has been in the well and pump industry for over thirty (30) years. Throughout his professional career, he has been involved with hundreds of well rehabilitations and is highly regarded in the industry. His wide range of experience allows him to solve many difficult well and pump issues and provide options. He has also spoken at many professional organizations throughout California with regards to well maintenance and well rehabilitations. Tom is AWWA certified pump installer and a certified pump installer for Large Water Systems (NGWA). He is factory trained and certified by Byron Jackson and Cla-Valve. Tom also holds a certificate with the Mine Safety and Health Administration (MSHA). JAMES M. HINSON, SR. APPLICATION ENGINEER Over 30 years experience of pump engineering. Conducts systems analyses, defines new and/or replacement hydraulic requirements, designs to procurement of materials. 290 ~~~ ~ ~, ~ o~ ~;r e ~ . ~ ~ti~~ ~, 4~ .~ LUIS A. BUSSO, P.G., SR. PROJECT GEOLOGIST Professional Experience Professional groundwater work for the past 12 years encompassing field monitoring and technical report writing for siting, geologic log analysis, design, construction, testing, and rehabilitation of water wells. Combining geological and industry knowledge toward well project developments on behalf of water districts, cities, farmers, and other private owners. Academic Background University of California Santa Barbara — Bachelor of Science in Geologic Studies MICHAEL R. GARCIA, PROJECT ENGINEER Academic Background Loyola Marymount University, Los Angeles-Master of Science in Mechanical Engr. University of Redlands, Redlands -Bachelor of Science in Physics DANIEL J. PICHARDO, APPLICATION ENGINEER Academic Background Seattle University - Bachelor of Science, Civil Engineering, Mathematics Minor WALTER "RAY" REECE JR. BSBM-BSBA, GENERAL MANAGER -Camarillo Facility Professional Experience Combined 40 years of experience managing businesses providing well rehabilitation, maintenance, well drilling, coring, pump manufacturing, and investigative drilling in the environmental, mining, energy and water resource indush•ies. Earned two Bachelor of Science degrees in Business Administration and Management including a Finance focus. Identified, developed and negotiated contracts with private, public and governmental agencies to safely and successfully provide well rehabilitation technologies, pump and motor maintenance, drilling and construction services for a variety of applications. Ray has devoted time to technological transfers of II1fOI'tllatlOn by COIICIUCt111~ 1t1C~USt1'y Related seminars and guest lecturing at High Schools, Colleges, Universities, SME, AWWA, and the California Nevada American Water Works Association (Cal-NV AWWA). 291 a _ ~~ STATEMENT OF QUALIFICATIONS CAPABILITIES General Pump Company, Inc. is a Professional Well Redevelopment and Pump Equipment contractor located in San Dimas and Camarillo, California. The Engineering staff, field support and service crews, and office support staff are 100% dedicated to well evaluation and rehabilitation, and pump equipment evaluation and services. The technical staff at General Pump Company, Inc. has worked in almost every aspect of the well and pump industries. This diverse experience provided us with unique qualifications to serve our customers and provide them with solution-oriented approaches to get their system back into operation. Our engineers and Hydrogeologist have all worked in the drilling and design segment of the water, and/or oil and gas industries, and many of our shop and support technicians have worked for major pump manufactures. General Pump Company, Inc. employs only experienced Engineers, Hydrogeologist and Technical Field Personnel that can offer Customers assistance in the following areas: • Assess Well Yields to Minimize Operating and Maintenance Costs • Determine the Efficiency of Production and ASR Wells and Pumps • Engineered Pump and Well Equipment • Pump Facility Design and Construction /Booster Facility Design and Construction • Pipeline Design and Construction • Appropriate Mechanical and Chemical Redevelopment • Periodic Monitor and Maintenance Programs • Water Quality and Production Solutions /Well System Optimization • Engineered Pump Suctions • Pump and Motor Repair /Custom Pump Design and Machining • Electrical, SCADA and Transducer Support • Casing Repair and Swedging • Video and Geophysical Logging Support General Pump Company, Inc., an Engineering Service Company, is dedicated to supporting the ongoing needs of the Water Industry, and committed to providing: • Solution-oriented engineering using problem-solving techniques by degreed Engineers with diverse well system and groundwater experience, and pump application engineers from major pump manufacturing companies. • Full-time machine shop, staffed with experienced personnel capable of building and repairing standard and custom pump equipment and specialty products. • Self-contained chemical trailers to include safety support and operational controls. • Trained and certified operators for periodic monitoring and maintenance programs. • In-house training facility and training programs for customers and our own personnel. • Strong project and construction management for any size project. • Instant communications with cellular radio/phones for all staff, engineering, technical, field and shop personnel, resulting in better services at a reduced risk and overall cost. • Modern, safe and reliable equipment with the Only Telescoping Well Rigs with Spudders in the industry which are required for effective redevelopment of wells in pump houses. 292 a ~~~~~ _ ~~~ SAFETY Safety is paramount when men and equipment are involved. A good safety record is important along with adequate insurance and bonding. General Pump Company, Inc. has the best safety record in Southern California for the water well and pump rehabilitation business. Over the past years, General Pump Company, Inc. has had minimal loss of time for work related injuries ANNUAL CONTRACTS Award of an Annual Contract is a great honor and to have an Annual Contract renewed year after year is the greatest complement to a service company. It proves that the contractor has met or exceeded the customers' set goals and expectations. General Pump Company, Inc. has been selected by over 45 cities in Southern California to maintain their well and pumping systems. We have more Annual Contracts with cities than all our competitors combined. Additionally, General Pump Company, Inc. is the primary contractor or sole-source contractor for 15 private utilities and water districts. Most of these are multi- year contracts having been renewed several times over. MACHINE SHOP CAPABILITIES General Pump Company, Inc. is the only well and pump Service Company in Southern California that builds 100% of our bowl assemblies. This level of expertise, along with our in-house machining, allows us to supply or repair with a greater level of knowledge that your pump equipment will be reliable and efficient. Our repair and fabrication facility maintains the most complete line of lathes, welding and associated machining tools. General Pump Company, Inc. has an expansive repair and fabrication facility. This facility has proven to be invaluable during our 66 years of business, since many pump and motor repairs require a strong interface between machining, welding and electrical support in order to be completed. We have three major groups within our repair and fabrication facility that allow us to serve your needs in a variety of ways: • Fabrication and Machining: Including lathes, milling machines, grinders, balancing machines, flame welding, gas and electric welding, heli-arc, etc. We perform welding on steel, aluminum, brass, cast iron, resurfacing, and custom work. We repair all types of pumps by all manufacturers in our facility up to approximately 24-inch impeller diameter for single and multi-stage Horizontal Pumps and 30-inch diameter for Vertical Turbine Pumps. ~ Assembly: In general, the pumps we supply are designed and manufactured by General Pump Company at one of our Engineering Service Centers. Assembly of pumps assures the highest quality product, with the assurance that it is built correctly and will meet the design criteria specified. • Field Services: This service has helped us establish ourselves as well and pump problem solvers since many operational problems can be traced to poor installation practices. Having the proper diagnostic equipment and knowing how to use it distinguishes us as "The Leader in Well and Pump Services". 293 ~ p - - _ -,-`~t_J- - MACHINE SHOP CAPABILITIES (Continued) Precision Alignment -We've invested in the latest Precision Alignment technology and have established a growing list of customers who use us for these services. Removal, Installation, Mechanical and Startup - We perform field-testing, removal, installation and machining services to offer a turnkey pump service. General Pump Company, Inc. can provide you with high quality workmanship to meet your water supply needs. Our highly skilled employees can also perform repairs on many types of well and booster pumps. Pump Repair Booster End Suction Horizontal Split Case Vertical Turbine Right-Angle Drive Impeller Rebuilding Balancing, Trimmed Eyes &Flanges Machine Shop Shaft Manufactured: ~~P.P.VP.0 MACIP,' Threads and Ta~pin~ Mechanical Seals Re-Machine Seat, High Pressure, High High Temperature EQUIl'MENT AND FIELD SERVICE Pumps &Motors, Precision Straightening, Electrical Motors Bronze, Mild Steel, Stainless Steel Electric Motors New &Overhauled, Rewound, Balanced, Custom Bases, Shaft Repaired Upgrades General Pump Company, Inc. maintains a full service machine shop, clean and safe rigs and cranes are a minimum requirement for reliability, quality workmanship and safety. General Pump Company, Inc. has several trucks fully loaded with essential equipment to handle many urgent repairs in the field. Our well and pump service crews are always ready and willing to assist your Water Utility with making a repair to keep your well and booster facilities running. Just let us know and we will be on the way, ready to provide you with the highest quality service available. General Pump Company, Inc. has the newest fleet of rigs and equipment in Southern California. Maintenance and repairs are made at our San Dimas and Camarillo Facilities to make sure our field operations can safely and efficiently respond to our customer's needs. Below are the benefits to our customers. • Reliable work - In water emergencies, it is important that this large equipment is ready to respond without breakdowns. • Safety -Our new equipment is not likely to malfunction resulting in major damage or possible injuries. • The most up-to-date equipment to assemble the Customers' pumps. General Pump Company, Inc. has the only telescoping pump rigs in Southern California. 294 a a ~~~ ~.. _ ~~~~ General Pump Company, Inc. has chemical treatment equipment with fully operational safety equipment that includes eyewash and shower, along with other special redevelopment tools, which allow General Pump Company, Inc. to perform the most cost-effective cleaning to your wells. PROFESSIONAL REFERENCES Because of General Pump Company's long history in Southern California (over 65 years), we have selected six (6) cities as references. As we described above in our Proposal, General Pump Company, Inc. has been selected by 45 cities in Southern California to maintain their well and pumping systems. Upon your request, we can submit additional cities or additional information on other annual contracts. City of Arcadia —Tom Tait 626-256-6554 Annual Contract 2003 —Present City of Pasadena —Michele Carina 626-744-7012 Annual Contract 1982- Present City of Orange —Son Tran ~ 714-288-2497 Annual Contract 1997 -Present City of Westminster —Scott Miller 714-895-2876 Annual Contract 1995 -Present City of Santa Monica —Gary Richinick 310 826-6712 Annual Contract 1979 -Present City of Glendora —Steve Patton 626-914-8249 Annual Contract 2002 -Present City of Chino Hills —Steve Setlak 909-364-2806 Annual Contract 1999 -Present Please let us know if you would like contacting names and phone numbers for other General Pump Company, Inc. customers or annual contract holders. We can also supply you with a list of Engineering Companies that we consult with and who regularly contract direct with General Pump Company, Inc. -000- 295 GENERAL PUMP COMPANY, INC. LIST OF CURRENT PROJECTS Project Description of Completion Cost of Contact Name/ Bidder's Work Date Bidder's Phone Number Work Ontario -Well 45 Well &Pump Rehab On going 5170,000 Tom O'Neill 909-395-2676 Eastern Municipal VVe11 &Pump Rehab duly 2018 $185 000 Dave Browne We1136 951-928-3777 Orange -Well 22 Pump Refurbishing June 2018 $190,000 Son Tran 714-288-2497 CDA -Well 1-11 Well &Pump Rehab June 2018 $80,000 Ian Tillery 909-993-1778 Jerry Vilander Serrano Water - Booster Rehab lV1ay 2018 $18,000 714-538-0079 Howiler Boosters Pasadena - Well Rehab &Test $75,000 Michele Carina Arro o Well Pumping On-going 626-744-7012 West Valley WD - Hrell Rehab &Pump June 2018 $130,000 Joe Schaack 909-875-1804 Well 18A Victorville - Well Rehab &New 2018 $182,000 Arnold Villarreal Well 130 Pump Equip .1uly 760-955-2993 Burbank -Well 15 Well Destruction May 2018 $70,800 Albert Lopez 818-238-3500 Santa Monica - Well &Pump Rehab Gary Richinick Charnock Well 13 Chem Trt dune 2018 $245,000 310-826-6712 Arcadia -Baldwin Supply &Install On-going $192,880 Tiffany Lee Bstr Station New Equip 626-254-2721 Santa Ana - yell &Pump Rehab June 2018 $175,000 Cesar Barrera 714-647-3387 Well 37 David Birch Oxnard - 3 Wells Well & Pum Rehab P On-going $603,600 805-385-8145 Fountain Valley - Well &Pump Rehab On going $465,000 Tom Grose 2 Welis ~~4-593-4615 Monterey Park - Ralph Martinez We113 well &Pump Rehab July 2018 $160,000 626-280-5552 General Pump ompany has an ad itiona167 on-g ing projects t at are similar. _Add_iti~~1 info mation can be sub fitted u .on re est. 296 4.1.2 A vehicle collision or accident involving your firm's employees? q YES C~ NO 4.1.3 Damage to real property arising out of your services or operations? q YES ~ NO 4.1.4 Employment-related litigation brought by an employee of your firm? q YES ~ NO 4.1.5 Payment to a subcontractor or supplier? q YES ~ NO 4.1.6 Defective, deficient, or substandard work? q YES ~ NO If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or entity that sued (i,e., "the plaintifF') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts antl circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.2 Have you or your firm ever filed a claim for damages or a lawsuif, or requested arbitration or mediation, against a government entity or a Client? q YES ~ NO if YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? q YES ~ NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien, Attach additional sheets if necessary. 4.4 In the past Eve (5) years, has any government entity ever: (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulations? Page 40 of 171 297 q YES ~ NO If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.) q YES ~ NO If YES, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? q YES ~ NO If YES, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony? q YES ~ NO If YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. 4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? q YES ~ NO If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4,9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain. q YES ~ NO Page 41 of 171 298 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes", please provide the details of such complaint. q YES ~ NO 5. FIRM'S OPERATIONAL STATUS 5.1, In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? q YES ~ NO If YES, list the filing date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status. Attach additional sheets as necessary. 5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions? q YES ~ NO If YES, list the filing date, and describe the facts and circumstances about each instance, Attach additional sheets as necessary. 5,3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? q YES ~ NO If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE 6.1, Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? q YES ~Xl NO If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm, Attach additional sheets as necessary. Page 42 of 171 299 6,2, Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a "non-responsible" bidder or proposer? q YES ~ NO If YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a "non-responsible" bidder. Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a contract or an agreement with a government entity or a client? q YES ~ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? q YES ~ NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fulfill or perform —either partially orcompletely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? q YES ~ NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.6, Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement? q YES LXI NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary, 6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? Page 43 of 171 300 q YES ~ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary, 6.8. Has a government entity or a client ever terminated, suspended, ornon-renewed your firm's contract or agreement before its completion? t _ ~.1 ► • If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? q YES ~ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary, 6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? q YES ~ NO If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years, has an insurance company or a surety company: 7,1,1, Refused to insure your firm for liability coverage? q YES ~ NO 7.1.2. Canceled ornon-renewed your firm's insurance coverage? q YES ~ NO 7.1.3. Refused to issue your firm a bond? q YES ~ NO 7.1.4. Canceled or revoked a bond obtained by your firm? q YES ~ NO Page 44 of 171 301 If the answer to any questions in 7.1.1 to 7,1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary. 7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? q YES ~ NO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method, nature, and amount of the resolution: Attach addition sheets as necessary. 8. SURETY 8.1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: Traveler's Property Casualty &Surety Company of America 8.2 Name and address of agent: Gallagher- San Francisco, California All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder, hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. - ~: -_ Signature of Bidd '~ Michael Bodart President / Director of Engr. Page 45 of 171 302 BIDDER'S EXPERIENCE FORM PROJECT NAME: Well No. 11 Pump and Motor Project COMPANY NAME: General Pump Company, Inc. SPECIFICATION N0. W11-2018 ***Please use additional sheets if necessary List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START DATE END DATE ~ AMOUNT AGENCY AnnRFss ('nNTAC:T NAME NI I~ARFR 2 3 March 2017 May 2018 ~ 127,000 Well 6 19001 Huntington St. Steve Styles i 14-374-1512 City of Hunt. Beach Huntington Beach, CA Feb 2018 On-Going $ 192,880 Baldwin Booster Station 240 W. Huntington Dr. Tiffany Lee 626- 254-2721 City of Arcadia Arcadia, CA 91066 Nov 2016 Nov 2017 ~ 340,000 V~lell 1 1 4305 Santa Fe Ave Fred Cardenas 323-583-8811 City of Vernon Vernon, CA 90058 Ali of the above statements as to experience are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. Signature of Bidder _ Print name: Michael Bodart State of California Contractor's License No. 496765 Contractor's License expiration date 08/31/20 Page 46 of 171 303 CONTRACTOR SAFETY QUESTIONNAIRE Company Name: General Pump Company, Inc. Primary Type of Work: Water Well &Pump Rehab Services, Well Destruction, Test pumping Person Completing Form: Michael Bodart Title: President /Director of Engineering Phone Number: 909-599-9606 Date: 09/06/ 18 SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 2Q 18 058 2~ 17 059 2O 16 062 2. List your company's number ofinjuries/illnesses from your OSHA 300 logs for the three most recent years. 20 17 20 16 20 15 a. Fatalities o 0 0 b. OSHA recordable incidents o 0 0 c. Lost work day incidents o 0 0 d. Total lost work days o o ~ e. Total hours worked 119,815 104,011 115,773 3. Upon request from the City, the contractors) shall provide copies of the following items (a-g); and Items (d- g) for each listed Subcontractor a). OSHA 300 logs for the most recent three years and current year-to-date b). Verification of ERM from your insurance carrier c). Injury/Illness Report d). Complete written Safety Program 4. Company Safety Contact: a. Name Fernando Munoz b. Phone 909-599-9606 e). Training Plans ~. Training Certificates for Employees g). Emergency Response Training 1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium. Page 47 of 171 304 CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written safety program manual? es No 1) Last revision date 03/30/18 b. Do you have a written safety field manual? es No c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? Yes No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of es No the company? b. Do you have a disciplinary process for enforcement es No of your safety program? c. Does management set corporate safety goals? es No d. Does executive management review. q Accident reports? es No q Safety statistics? es No q Inspection reports? es No e. Do you safety pre-qualify subcontractors? es No f, Do you have a written policy on accident reporting es No and investigation? g. Do you have alight-duty, return-to-work policy? Yes No h, Is safety part of your supervisor's performance evaluation? Yes No i. Do you have a personal protective equipment (PPE) policy? ~Yes~ No j. Do you have a written substance abuse program? Yes No If yes, does it include (check all applicable boxes): ~ Pre-employment testing ❑Return-to-duty testing ❑X Random testing ❑Disciplinary process q Reasonable cause testing ~X Alcohol testing ~ Post accident testing ❑National Institute on Drug Abuse q Panel Screen k, Does each level of management have assigned safety Yes No duties and responsibilities? Page 48 of 171 305 3 4. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? es No b. Do you conduct site safety orientation for every Yes (No_ person new to the job site? c. Does your safety program require safety training meetings? Yes No for each supervisor (foreman and above)? How often? q Weekly ❑X Monthly ❑Quarterly ❑Annually ❑Other d. Do you hold tool box/tailgate safety meetings focused on your specific work operations/exposures? Yes No How often? q Weekly 0 Daily ❑Other e. Do you require equipment operation/certification training? es No ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? es No If yes, check which apply: ~ Pre project/task planning X Record keeping ~ Safety committees X HAZCOM ~ Substance abuse prevention X Return-to-work b. Do you have project safety committees? X Emergency procedures X Audits/inspections .~ Accident investigations/reporting X Training documentation ~ Hazardous work permits X Subcontractor prequalification Yes No c. Do you conduct job site safety inspections? es No How often? ~ Daily ❑Weekly ❑Monthly ❑Other_ _Upon Arrival Do these inspections includes a routine safety inspection of equipment (e.g., scaffold, ladders, fire extinguishers, etc.)? es No d. Do you investigate accidents? es) No How are they reported? ~ Total company q By superintendent q By project q By project manager q By foreman ~X In accordance with OSHA e, Do you discuss safety at all preconstruction and progress meetings? es) No Page 49 of 171 306 f. Do you perform rigging and lifting checks prior to lifting? es No q For personnel ~ For equipment ~ Heavy lifts (more than 10,000 Ibs,) 5 WORK RULES a. Do you periodically update work rules? When was the last update? b. What work practices are addressed by your work rules? es No q CPR/first aid ❑Access--entrances/stairs ~ Barricades, signs, ❑Respiratory protection and signals q Blasting ~ Material handling/storage ~ Communications ~ Temporary heat OX Compressed air and gases ~X Vehicle safety ~ Concrete work ~ Traffic control ~ Confined-space entry ❑Site visitor escorting ~ Craneslrigging and hoisting ❑Public protection ~X Electrical grounding ~ Equipment guards and grounding q Environmental controls and ~ Monitoring equipment Occupational health ~ Emergency procedures (~ Flammable material handling/storage ~ Fire protection and prevention ❑Site sanitation q Floor and wall openings ❑Trenching and excavating ~ Fall protection ~ Lockout/Tagout ~ Housekeeping ❑Energized/pressurized equipment ~ Ladders and scaffolds ~ Mechanical equipmenU ~ Personal protective equipment maintenance/pre-op checks/ ~ Tools, power and hand operation ❑Electrical power lines ~ Welding and cutting (hot work) ❑Other 6. OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? Yes (No b. Were these inspections in response to complaints? Yes ~No c. Have you been cited as a result of these inspections? Yes No If yes, describe the citations (add additional sheets if necessary): Page 50 of 171 307 *'~ Not Applicable DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER. General Pump Company, Inc. Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed. Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor; 2. The trade and type of work that the Subcontractor will perform; 3. Location (address) of Subcontractor's place of business; 4. Subcontractor's license number; antl any specialty licenses; and 5. Dollar value of the Work that the Subcontractor will perform. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract inexcess ofone-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that helshe is fully qualified to perform that Work himselflherself, and that helshe shall perform that Work himselflherself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE Page 51 of 171 308 Please refer to attachment Please type or legibly print (attach additional sheets as necessary). Name of Subcontractor Email Contact Information Trade and Type of Work to be Performed Business Location * *Not A licable Public Works License Contractor Dollar ($) Value Number Registration Number * * General Pump Company has a staff of experienced civil and mechanical engineers and registered geologist who are specialized and 100% dedicated to well and pump service. Page 52 of 171 309 The Contractor shall not. A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777,7 of the Labor Code; or 9. When the City determines that the listed Subcontractor is not a responsible contractor, B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution, Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 53 of 171 310 * *Not Applicable QUESTIONNAIRE REGARDING SUBCONTRACTORS Bitltler shall answer the following questions and submit with his/her Contract proposal. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bitl? Yes q No q 2. If the answer to No. 1 is "Yes", please forward a copy of the rules of each bid depository you used with this questionnaire. Did you have any source of subcontractors' bids other than bid depositories? 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes q No q 5. If the answer to No. 4 is "Yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d} Nature of the threats: (e) Additional comments: (Use additional paper if necessary) 6. Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area subcontractors? Yes q No q Was a conscious effort made to recruit and hire project area lower-income residents? Yes q No q Please submit statement. We declare under penalty of perjury that the foregoing is true and correct. Dated this day of , 20 All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. Name of Company By. Title: Page 54 of 171 311 CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) COUNTY OF Los Angeles Michael Bodart being first duly sworn, deposes and says: President /Director 1. That he/she is the of Engineering (Title of office if a corporation, "sole owner," "Partner," or other proper title) of General Pump Company, Inc. , (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the Well No. 11 Pump and Motor Project; 2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Page 55 of 171 312 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this 6th day of September / 20l 8 at San Dimas California Month/Year City State General Pump Company, Inc. Contractor (Please Prin~~. Co ractor's Signature Michael Bodart President /Director of Engineering Title CONTRACTOR'S SIGNATURE MUST BE NOTARIZED Page 56 of 171 313 Cc~•~•~< .~.C~C~~'...aC~: s~N_: Q~C~ ~a•~C~C..~R,.aN..:~..~.Q ~ sa~C .'C~~~•~2~~',c~..s~ .~C.~ .. C.~C..~.C..~ .s~.. ~C~.~• cam• sa•_.~.C.. l ~ See Attached Document (Notary to cross out lines 1-6 below) ~ See Sfatemen~~ Below (Lines 1-6 ~io be completed only by document signer[s], not Notary) Signature of Document Signer No. 7 Signafure of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of fihat document. State oi` California County of Los Angeles ~~ , :—::. BONNIE BRUNEL Notary ~ubiic -California 7 .:. Los Angeles County } Commission i~ 2178326 My Comm. Expires Jan 2, 2021 1 Subscribed and sworn to (or affiirmed) before me 6th September 1~ on this day of by ~~ ) • i Date Monfh Michael Bodart Names) oz` Signers) 20 , Year proved to me on the basis of satisfactory evidence to be the persons) who appeared berore me. Signature Signature of Nofary Public Seal Place Nofiary Seal Above ~~] I~fUA~ Though this secz`ion is optional, complering this information can deer alfieration o~` the documenf or rraudulent reaft~achmeni~ of this fiorm ro an uninfended document. ~=~~~cription of Attached Docu~~nf isle or hype ofi Document: Documeni Dade: dumber of Pages: Signers) Other Than famed Above: ~., 02014 National Notary Association ~ www.NafionalNotary.org ~ 1-800-US NOTARY (1-800-876-6827) Item #5910 314 THE BIDDCR'S INSURANCE COMPANY(S) OR INSUR~INCE AGENT MUST COMPLETE THIS FOR~v1 AND THE BIDDER MUST SUL3MIT Tf-IIS CERTIFICATION WITH TIDE BID FORMS. I, the undersigned (Please chec{c one box) ❑underwriter Vii' agent, ce~~tify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. if the City of Vernon ("City") awards the Contractor tine Contract for this project, I will be able—~~rithin fourteen (14) calendar days after the Contractor is notified of the Contract's award—to furnish the City v~rith valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements, ~u~ ~~rr~~~~rrna~( .mss. `~rvr~cs ~Jx. ~ 15~, ~l ~ Name of Insurance Compa y Date rr~~ ~~~i • u~ Insura Agent's Name Printed) Insura~~ce Agent's Naive (signature) ~' ~ ~~ ~ ~ ~ Address City State Zip Cocie ~(~• oZ~'7 • ~~3~ ~~Gr~rr~• ~hn~.c~I ~ ~1 lc~ 1 ~1~~~t~1~6Y(Gc.~ Telephone Number FAX Number Email Address Contractor's Name City Specification Number Below State the Name oflnsurance Coir~l~any Providing Coverage: DO ~lOT write "Will Provide," "To Be Determined,° "Nlhen Required," or similar phrases. -~" ors Cas ~ ~ ~ 6 ~ r v'~~'s ~~em n i ~ Commercial General Lia ility Automobile Liability • • C~ nr~er~-lcu. ~' Tr~V~l~s ~b . ~~ ~ ~erc~ Workers' ompen ation Liability Cifv ~Nill Purchase Policy, if required ~~ Builders Risk Po lotion Liabilify (NOTE TO CONTRACTOR: See "Insurance Requirements"EXHIBIT 4 of the Contract for the requirement of obtaining Pollufioi~ Liability Insurance.] NOTE TO THE UNDERWRITER /AGENT. If the insurance forms that (he Contractor submits to the City do not fully comply vritf~ the Insurance Requirements, and/or if the Contractor fails to submit the forms within the 14-day time limit, the City may: (1 }declare the Contractors 8idvov-responsive, and (2) aUrard the Contract to the next lowest responsible Bidder. Page 57 of 171 315 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2, Article XVIII ("Ordinance"). The Ordinance requires that service contractors providing labor or services to the City by contract in excess of $25,000: Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any time, provide labor or delivery services to the City of Vernon. Additionally, on July 1st of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July lst, to remain in compliance. s Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. ¨ If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made. General Pump Company, Inc. will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. Michael Bodart --_ ---~_ President /Director of Engineerin ~N 09/06/18 (Title) ~ ~ (~gnature) ~ (Date) Please retut-n this form with your bid/proposal. Questions concerning the Living Wage 01•dinance should be directed to the Department of Finance —Purchasing Division 323.583.881 1. Page 58 of 171 316 h CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1435 Internet: www.cityofvernon.orq Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA-1) Article II. Vendor List Questionnaire (Forms AA-2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perForm their services at any location, under its control, where segregated facilities are maintained. Name of Company: General Pump Company, Inc. Business Telephone: 909 599-9606 Fax Number: Address: 159 N. Acacia Street City: San Dimas State: CA Zip 91773 Contact Person Michael Bodart Tax ID Number (or Social Security Number} Remit Address (if different) Same E-mail Address 95-3551896 909 599-6238 (optional) (optional) Please state clearly and concisely the types) of goods and services your company provides: Water Well &Pump Rehabilitation; Test pumping; Vllell Destruction; Etc. The following section is OPTIONAL and is far statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female Page 59 of 171 317 Proiect Workforce Utilization (Form AA-2~ This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate 'she number of employees in each job classification as well as the number of new hires, if any, as a result of this contract. Name of Company: General Pump Company, Inc. Project: Well 11 )ob Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract O eratin En ineer Grou 8 1 -0- Pump Installer / SC-23-63-2-2017-1 Laborer Grou 1 / SC-23-102-2-2017-2 3 -0- Are any current employees or potential new hires Vernon residents? If so, how many? None Page 60 of 171 318 BIDDING ADDENDUM NO. 1 319 RPUBLIC UTILITIES 4305 S. Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 20, 2018 Via e-mail & City website NOTICE TO BIDDERS – ADDENDUM NO. 1 WELL NO. 11 PUMP AND MOTOR PROJECT This notice shall be considered as Addendum No. 1 to the Request for Bids for the Well No. 11 Pump and Motor Project. This addendum modifies the original Request for Bids as noted below. All other portions of the contract, not specifically mentioned in the Addendum, remain in force. Notice Inviting Bids: In the REQUEST FOR BIDS, replace pages 8 and 9 of the NOTICE INVITING BIDS. These pages are to be amended as follows: 1. On page 8 of the REQUEST FOR BIDS, NOTICE INVITING BIDS section – Paragraph 1 is amended as follows: a. Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 3:00 p.m., September 6, 2018, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). 2. On page 9 of the REQUEST FOR BIDS, NOTICE INVITING BIDS section – Other Bidding Information: Item No. 9 is amended as follows: a. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess one of the following license(s): C57, Well Drilling; C-61, Limited Specialty Classification; D-21, Machinery and Pumps. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 320 Instructions for Bidders: In the REQUEST FOR BIDS, replace page 12 of the INSTRUCTIONS FOR BIDDERS. This page is to be amended as follows: 3. On page 12 of the REQUEST FOR BIDS, INSTRUCTIONS FOR BIDDERS section – Paragraph 3 is amended as follows: a. Bid opening date and time: 3:00 p.m., September 6, 2018 (“Bid Deadline”) Attachment 1 – Specification No. W11-2018: In the REQUEST FOR BIDS, replace pages 6, 7 and 8 of ATTACHMENT 1 – SPECIFICATION NO. W11-2018. These pages are to be amended as follows: 4. In the REQUEST FOR BIDS, on page 6 of ATTACHMENT 1 – SPECIFICATION NO. W11- 2018, PART 2: PRODUCTS – Section 2.03 PUMP CONSTRUCTION is amended as follows: a. Eliminate Item F. Protective Coating. 5. In the REQUEST FOR BIDS, on pages 7 and 8 of ATTACHMENT 1 – SPECIFICATION NO. W11-2018, PART 2: PRODUCTS – Section 2.07 PIPING, PLUMBING, AND MISCELLANEOUS: Item B is amended as follows: a. Contractor shall provide and install a complete working water pre-lube system appropriate for outdoor installation. City field staff will tap into existing charged piping, install ball type shut-off valve, solenoid valve, and plumbing and provide a stub-out at the pedestal. Contractor shall connect to the pump discharge head. Plumbing shall be stainless steel or approved equivalent. Contractor shall determine dimensions in field and provide measurements with shop drawings for all of contractor’s components of the work. During the Pre-bid Meeting on August 9, 2018, questions arose regarding the discharge nozzle and the mechanical seal. The discharge nozzle stated in Specification No. W11-2018 is in reference to a reducer from the discharge pipe to the existing pipe. The centerline of the discharge for the well pump head is 11.875 inches. The flange is a 23.750-inch diameter and is touching the same plane as the base. There have been no changes to the mechanical seal; it is to remain as specified in Specification No. W11-2018. If you have any questions, please contact Joanna Moreno at phone number (323)583-8811 extension 888 or email jmoreno@ci.vernon.ca.us, or contact Fred Cardenas at extension 872 or email fcardenas@ci.vernon.ca.us. Best Regards, Kelly Nguyen General Manager 321 Page 8 of 171 NOTICE INVITING BIDS for Well No. 11 Pump and Motor Project 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 3:00 p.m., September 6, 2018, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name address appearing on the outside. Bids should be mailed or delivered in person before 3:00p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s Office before that time. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. The bids shall be clearly titled. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for August 9, 2018 at 10 a.m. in the Public Utilities Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is mandatory. City of Vernon Contact Person: Public Utilities Department Attention: Fred Cardenas Phone: (323) 583-8811 ext. 872 Email: fcardenas@ci.vernon.ca.us Public Utilities Department Attention: Joanna Moreno Phone: (323) 583-8811 ext. 888 Email: jmoreno@ci.vernon.ca.us General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and 322 Page 9 of 171 Specifications and will generally include the following: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: manufacturing and installation of a new pump and motor per the specifications titled Attachment No. 1 The work shall be done in accordance with Specification No. W11-2018. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Contract Time: This Work must be completed within 90 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. Amount of Liquidated Damages: $ 750.00 per calendar day 3. Required Construction Staging Not Applicable 4. Intermediate Completion Milestones Not Applicable 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer’s Estimate. Not Applicable 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess one of the following license(s): C57, Well Drilling; C-61, Limited Specialty Classification; D-21, Machinery and Pumps. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that 323 Page 12 of 171 City of Vernon Instructions for Bidders Project: Well No. 11 Pump and Motor Project for the Public Utilities Department City personnel with whom prospective bidders will deal with are: Fred Cardenas and Joanna Moreno, Public Utilities Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 872 and 888, respectively. Bid opening date and time: 3:00 p.m., September 6, 2018 (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the 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 of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. 324 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 6 the shafting and pump impeller to properly center the impeller in the pump. Couplings shall be ASTM A582 grade 416 stainless steel or better. D. Bearings: 1. For pumps with discharge nozzle sizes smaller than 14 inches in diameter, pump anti-friction bearings shall be L-10 life of 50,000 hours in accordance with ABMA 9 or 11. Unless otherwise noted, bearings for other elements in the rotating system including motors and intermediate shaft bearings shall be selected using the same criteria as specified for the pump. 2. Bearing selection shall be based on the worst combination of continuous duty operating conditions specified and shall include both steady-state and transient loads. E. Bowl Assembly: The pump bowls shall be of high tensile strength, close-grained cast iron conforming to the requirements of ASTM A48, free from blow holes, sand holes, and all other faults and shall be accurately machined and fitted to close dimensions. The water passageways shall be lined with vitreous enamel or other similar material to provide smooth water flow and maximum pump efficiency. The impeller shaft shall be of ASTM A582 grade 416 stainless steel or better with one bearing on each side of every impeller. The impeller shaft sizing shall conform to the same requirements as the line shaft specified above. Bearings shall be either of all high lead bronze construction or a combination of high lead bronze and rubber, designed for water lubrication, but bearings of “rubber only” will not be acceptable. Suction case bearing shall be permanently grease packed and fully protected against the entry of sand and abrasives. 1. Impeller: Impellers shall be of 316SS, enclosed or semi-open type, accurately fitted, perfectly balanced, and securely fastened to the impeller shaft in such a manner that they cannot loosen in service, but can be removed without damage to the bowl shaft. Both bowls and impellers shall be designed with an impeller seal ring to prevent slippage of water between bowl and impeller, open end smooth water passages to secure efficient operation and to prevent air and sand locking. Pump suction case shall be bell mounted, properly vaned to permit uniform entrance of the fluid into the impeller eye. Sufficient lateral adjustments shall be provided in the design of the bowl assembly to permit proper impeller adjustments and to insure proper operation of the pumping unit. 2. Strainer: A galvanized basket type strainer shall be provided having a net inlet area equal to at least four times the suction pipe area. The maximum opening size shall not be more than 75% of the minimum opening of the water passage through the bowl and impeller. F. 2.04 APPROVED MANUFACTURERS The vertical turbine pump specified herein shall be as manufactured by Berkeley, Floway or Approved Equivalent. 325 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 7 2.05 MOTOR A. General: Motor shall be the type and size to match the driven equipment throughout the speed and load range, including at maximum load. The service factor for the motor shall not be applied when sizing the motor. B. Type: Motor shall be single speed, squirrel cage induction, weather-protected, Type I (WP-1). Small and medium size motors per NEMA MG 1, Section II shall be NEMA Design B. Large size motors per NEMA MG 1, Section III shall be standard torque type. Motors 15 horsepower and larger shall be NEMA Starting Code F or G. C. Speed: Motor shall be constant speed. Refer to the pump specification, this Section. D. Motor Bearings: Shall be designed for the same criteria as the pump bearings. E. Efficiency: All motors shall be classified as “Premium Efficient” and shall have minimum guaranteed full load efficiencies in accordance with NEMA MG 1-12.60. The efficiency shall be determined by IEEE 112 Method B for motors up to 300 horsepower and Method F for motors above 300 horsepower. Efficiency shall be listed on the nameplate in accordance with NEMA MG 1-12.58.2.. 2.06 SPARE PARTS The equipment manufacturer shall supply the following spare parts for the pump: 1 – Lower bearing assembly 1 – Upper bowl bearing 1 – Set lineshaft bearing assemblies 1 – Mechanical Seal 2.07 PIPIING, PLUMBING, AND MISCELLANEOUS A. Connection to Discharge Piping Contractor shall provide and install a 10” steel pipe spool and grooved-end coupling to connect the pump discharge to existing 10” steel piping. The spool shall be schedule 40 steel pipe with flange by grooved end. The pipe lining shall match the lining of the existing pipe. The pipe coating shall be an epoxy / acrylic system. The expoxy shall be two coats with a total dry film thickness of 6 – 10 mils such as Tnemec L69 Hi-Build Epoxoline II or approved equivalent. The acryliuc shall be one coat with a dry film thickness of 2–3 mils such as Tnemec Series 1029 Enduratone or approved equivalent. Contractor shall determine dimensions from field measurements and include with shop drawing submittal. B. Contractor shall provide and install a complete working water pre-lube system appropriate for outdoor installation. City field staff will tap into existing charged piping, install ball type shut-off valve, solenoid valve, and plumbing and provide a stub-out at the pedestal. Contractor shall connect to the pump discharge head. Plumbing shall be stainless steel or approved equivalent. Contractor shall determine dimensions in field and provide measurements with shop drawings for all of contractor’s components of the work. 326 SPECIFICATION NO. W11-2018 Well No. 11 VERTICAL TURBINE PUMPS R.C. Slade 5/25/18 11210 - 8 C. The pump manufacturer shall verify the impeller, motor rating, and electrical connections are in compliance with the specifications and shop drawings. PART 3: EXECUTION 3.01 CONNECTIONS AND CONTROL The Contractor shall make all piping, power and control connections to allow for a complete and operable pump. 3.02 FACTORY PUMP TEST A. The purpose of equipment testing is to demonstrate the pump units meet the specified requirements. Tests and checks listed herein shall be completed prior to shipment at the factory. For pumps with motors of 50 horsepower and less, the tests may be completed with shop provided motors. For pumps with motors over 50 horsepower, tests shall be performed on the actual motor/pump unit. B. The pump manufacturer shall verify the impeller, motor rating, and electrical connections are in compliance with the specifications and shop drawings. C. Factory pump curve tests shall include operation over the entire range on the certified performance curve. Six test points shall be recorded, two of which shall be “Shut Off” and the hydraulic “Design Point”. Prototype model tests are not acceptable. Test reports and procedures shall conform to applicable requirements of the Hydraulic Institute Standards. D. A check for noise and vibration shall be conducted and recorded. E. Tests shall be performed under the direction of and signed by a registered engineer. 3.03 FACTORY WITNESS TESTING Factory witness testing is required by the owner or owner representative. The Contractor shall provide at least 2 weeks notice prior to the factory testing. The Contractor shall pay costs for all costs associated with travel, transportation, lodging and meals for one representative to witness the “Facotry Pump Tests”. In the event the test is not passed, the Contractor shall be responsible for all costs associated with the Owner’s representative for additional test(s) including the time for the owner or owner representative which would be assessed at standard hourly rates. Travel shall be with a direct flight when possible. 3.04 FACTORY MOTOR TEST A motor and cable insulation test for moisture content or insulation defects shall be made with a megohm meter. All values shall be recorded in a written report. 327 City Council Agenda Item Report Agenda Item No. COV-56-2019 Submitted by: Octavian Ngarambe Submitting Department: Public Utilities Meeting Date: February 19, 2019 SUBJECT Renewable Portfolio Standard Annual Status Report for Calendar Year 2018 Recommendation: A. Find that the Renewable Portfolio Standard Annual Status Report is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative activity, such is not a “project” as defined in CEQA Guidelines Section 15378. And even if such activity were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15307 and 15308 because the RPS activity managed by Vernon Public Utilities is aligned with regulatory provisions to maintain, restore, or enhance the environment; and B. Receive and File the Renewable Portfolio Standard (RPS) Annual Status Report for Calendar Year 2018. Background: The Public Utilities Department (VPU) has prepared the Renewable Portfolio Standard (RPS) Annual Status Report for Calendar Year 2018. The Renewable Portfolio Standard (RPS) is a regulatory mandate to increase production of energy from renewable sources. VPU is responsible for implementing and enforcing a renewable portfolio standard for the utility that recognizes the intent of the legislation encouraging utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. The City has purchased enough eligible renewable resources to meet its Compliance Period 3 (2017 – 2020) procurement targets, and currently seeks additional renewable energy contracts for calendar 2021 through calendar 2030 to meet the goals of SB 100. Staff fully expects to secure sufficient resources to meet the renewable targets for the remaining compliance periods by 2030. Fiscal Impact: This report is for informational purposes only. There is no fiscal impact. ATTACHMENTS 1. Renewable Portfolio Standard Annual Status Report for CY 2018 328 1 | P a g e Renewable Portfolio Standard Annual Status Report for Calendar Year 2018 Background Vernon Public Utilities (VPU) is responsible for implementing and enforcing a renewable portfolio standard for the utility that recognizes the intent of the Legislature to encourage utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. Performance Summary The City met and exceeded the specified RPS target for Calendar Year 2018 with eligible renewable resources. The primary resources were Vernon’s long-term solar and land fill gas. Also, the City issued an RFP to purchase additional short-term renewable contracts to cover a portion of the compliance obligation for Calendar Year 2017 through 2020 to meet RPS Compliance Period 3. However, the City was able to negotiate and purchase renewable energy at lower prices from other suppliers than those who responded to the RFP. The City purchased 250,515 MWhs of renewable energy to meet RPS compliance requirements for Calendar Year 2018. Short-term renewable energy purchases can be delivered to City of Vernon in any individual year or in multiple years included in the compliance period 3. Vernon has also secured enough resources to meet its Compliance Period 3 procurement targets. As specified in the RPS Program and CEC Regulations, the City is not required to procure a specific quantity of RPS-eligible resources in any individual year during this Compliance Period 3, but the total renewable procurement for the four-year period must be equal or greater than the sum of the following equation: (27 percent of 2017 retail sales) + (29 percent of 2018 retail sales) + (31 percent of 2019 retail sales) + (33 percent of 2020 retail sales). This amounts to an average procurement of 30% for the entire four-year compliance period. The City’s procurement level for the same period stands at 32%. Renewable Energy Procurement in Calendar Year 2018 Pursuant to Vernon’s RPS Procurement Plan and Enforcement Program, action has been taken to acquire renewable energy resources to meet the RPS requirement. The following is a brief description of renewable resources used to meet compliance requirements. sPower Antelope DSR Solar Project The Antelope DSR Solar Project developed by Sustainable Power Group (sPower) was selected from many responses to SCPPA’s Request for Proposals in 2014. Along with other SCPPA members, Vernon staff conducted in-depth reviews of the many projects submitted through the SCPPA RFP process and concluded that the Antelope DSR Project has many superior characteristics and an attractive pricing structure when compared to other renewable projects considered. The final project price was the lowest for a technology offering on-peak energy profiles. Energy from the project is qualified as Portfolio Content Category 1 -- the SB X1 2 mandated and most valuable/desirable class of renewable energy. The Antelope DSR project is sited in the City of Lancaster, Los Angeles County. The project has been in full commercial operation since January 1, 2017. Vernon has a 25 MW entitlement and associated environmental attributes for a twenty-year term purchase. Astoria Phase II Solar Project Astoria II LLC has entered into a long-term power purchase agreement with SCPPA to build a Solar Photovoltaic facility that has a net capacity of approximately 175 megawatts of electricity. This contractual arrangement is basically considered firm generation, which is jointly owned with other municipal partners. By leveraging this asset with our municipal partners, the City achieves the critical mass needed to build a large project/or contract. This strategy practice reduces construction, financing, and operation costs and lets us achieve economies of scale and obtain the most favorable financing rates. The project located in Kern County started full commercial operation on December 31, 2016 with SCPPA taking control of 75 MW power produced. The City of Vernon, in conjunction with other 5 municipal utilities from SCPPA, is participating in the power purchase agreement (PPA) to purchase the facility energy for 20 years. The City Council 329 2 | P a g e has approved a power purchase agreement (through SCPPA) with Astoria for its renewable energy that will entitle Vernon to 20 MW of capacity for the period of January 2017 to December 2021, and 30 MW for the remainder contract period of January 2022 to December 2036. Puente Hills Gas to Energy Project Puente Hills landfill gas station was constructed by Los Angeles County Sanitation District in the 1980s; this facility is located in Southeastern Los Angeles County, near Vernon service area. It has been in full commercial operation since January 1987 and has remained on-line 95 percent of the time. The facility produces approximately 46 MW capacity. The Puente Hills Gas-to-Energy facility is a conventional Rankine Cycle Steam Power Plant using landfill gas (LFG) as fuel to generate electricity. LFG is fired in the plant’s boilers producing superheated steam. The superheated steam is used to drive the steam turbine/generator to generate electric power. The City (through SCPPA, a utility group) has entered into a power purchase agreement for 10 megawatts of renewable power from the Puente Hills Landfill Gas–to-Energy Facility beginning January 1, 2017 and ending on December 31, 2030. For 2017, the City received an average of 7 megawatts from the facility. Short Term Purchases The City procured 250,515 MWhs of short-term renewable resources. These renewable resources were classified as Bucket 1 bundled renewable RECs, Bucket 2 RECs or bundled electricity products from renewable resources interconnected to a transmission network within the WECC that must be matched with incremental energy that is scheduled into a California balancing authority area, and Bucket 3 RECs which represent the renewable and environmental attributes associated with energy production, but do not include actual energy. The following table provides an overall assessment of VPU renewable resources and RPS requirements during Calendar Year 2018. Table 1: RPS Compliance Status Report in 2018 Summary of Procurement Plan to meet Future RPS Requirements Retail Sales (MWh)1,081,457 Required Renewables (%)29% Required Renewables (MWh)313,622 RPS Resources Antelope DSR (Solar)68,697 Astoria 2 (Solar)63,346 Puente Hills (Landfill Gas)54,421 Wind (PCC1) from Element Market/Shell 76,891 Solar (PCC2)193,943 Bucket 3 120,000 Total Renewable Procured (MWh)577,298 Total Renewable Procured (%)53% Note: The Excess of RPS procurement will be carried over to meet future compliance requirements. Calendar Year 2018 Renewable Portfolio Standard Compliance 330 3 | P a g e The City of Vernon intends to meet all future procurement targets, barring any events and occurrences that are beyond the City’s control. An increasing RPS mandate for POUs in the next twelve years has made Vernon more aware of the need to include more renewables in its portfolio. Vernon will seek to develop a diverse RPS portfolio, with a combination of landfill gas, solar PV, and other renewable resources, based on the forecasted need for additional energy resources, as well as the economics and timing of any particular projects. It should be noted that VPU has performed an integrated resource plan in order to guide its resource procurement decisions. In order to meet the RPS mandates, Vernon plans to preserve its existing renewable resources, carry forward excess procurement from one compliance period to the next, and look for timely and economic opportunities to diversify and expand its RPS portfolio, while protecting Vernon’s customers from excessive rate increases that could jeopardize economic growth and viability within the City. In accordance with state regulations starting January 2017, a minimum of 75% of RPS procurement used for compliance must meet the established requirements for Bucket 1, which for most practical purposes means use of bundled energy from California sited renewable power plants. Existing Bucket 1 resources are in limited supply, and it typically takes from three to five years to construct a new utility-scale renewable generation project. Vernon works with Southern California Public Power Authority (SCPPA) to gain greater access to a broader pool of renewable resources, through a competitive renewable procurement bidding process, which would otherwise be difficult to leverage as a result of VPU’s size. The City has acquired multi-year contracts for solar and landfill gas power generation to satisfy the new RPS requirements as required by the State of California and SB 100. Since these renewable resources that come on-line on January 1, 2017 were added into the supply portfolio, the proportion supplied by bundled renewable energy has substantially increased and helped the City to meet the 33% RPS requirement by 2020, as required by SB X1 2. Additional bundled renewable energy sources (potential renewables) that the City needs to acquire, will contribute towards meeting Vernon’s long-term goal of reaching an RPS of 60% by 2030 as required by the new legislation authored by California Senate President pro Tempore Kevin de León, SB 100. The following table provides a summary of the current status of Vernon’s RPS procurement activities and the amount of RPS purchases to meet the requirement of SB X1 2 and SB 100. Table 2: RPS Compliance (January 1, 2017 – December 31, 2030) 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 A) Retail Sales (MWh)1,061,829 1,081,457 1,140,500 1,178,857 1,180,816 1,183,765 1,187,513 1,190,751 1,193,423 1,196,059 1,199,633 1,203,987 1,208,515 1,215,748 Required Renewables %27%29%31%33%35%37%38%44%46%50%52%54%56%60% Category 1 75%75%75%75%75%75%75%75%75%75%75%75%75%75% Category 2 15%15%15%15%15%15%15%15%15%15%15%15%15%15% Category 3 10%10%10%10%10%10%10%10%10%10%10%10%10%10% B) Renewables Requirement (MWh)286,694 313,622 353,555 389,023 410,334 432,074 454,224 523,930 548,975 598,029 623,809 650,153 676,769 729,449 Compliance Position: Production by Technology Antelope DSR (Solar)66,387 68,697 70,291 69,940 69,590 69,242 68,896 68,552 68,209 67,868 67,528 67,191 66,855 66,520 Astoria 2 (Solar)56,642 63,346 53,416 53,148 52,883 91,000 90,545 90,092 89,642 89,193 88,747 88,304 87,862 87,423 Puente Hills (Landfill Gas)60,443 54,421 61,320 61,488 61,320 56,046 53,023 50,465 46,512 43,488 42,093 39,070 36,512 34,651 Biomethane (Retired)32,398 Wind (PCC1) from Element Market/Shell 74,162 76,891 57,555 57,555 Solar (PCC2)15,456 193,943 2,801 2,801 Bucket 3 120,000 EDF Contract 35,000 34,825 34,651 34,478 34,305 34,134 33,963 33,793 33,624 33,456 New Solar PV 199,000 199,000 261,000 261,000 261,000 322,000 322,000 322,000 322,000 322,000 New In-State Wind 79,000 79,000 79,000 79,000 79,000 79,000 New Geothermal 148,920 148,920 Carry-over (Compliance Period 2)50,961 TOTAL RENEWABLES PROCURED (MWh)356,449 577,298 245,382 244,931 218,793 251,114 247,115 243,586 238,667 234,683 232,332 228,357 224,853 222,051 (%)34%53%22%21%19%21%21%20%20%20%19%19%19%18% REQUIRED RENEWABLES (%)27%29%31%33%35%37%38%44%46%50%52%54%56%60% VPU RPS Compliance Period 3 (January 1, 2017-December 31, 2030) 331 City Council Agenda Item Report Agenda Item No. COV-54-2019 Submitted by: Wendy Herrera Submitting Department: Public Works Meeting Date: February 19, 2019 SUBJECT Public Works Department December 2018 Monthly Building Report Recommendation: A. Receive and File. Background: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of December 2018. Fiscal Impact: None. ATTACHMENTS 1. Public Works Department December 2018 Building Report 332 ~goF ;,~,E~,~, °~ ' ~ °~ ~~' ~'~'~ ~ -~ ~ N ,~ tG~~~'[LY 1NOVbt City of Vernon Building Department Annual Report - 2019 Type Value # of Permits Commercial -Remodel ~a96,200.00 3 Demolition $4,327,000.00 8 Electrical ~v57,349,538.04 209 Grading $3,895,000.00 9 Industrial -Addition X2,751,000.00 8 Industrial -New $6,239,525.00 5 Industrial -Remodel X9,592,009.00 87 Mechanical X12,898,336.00 95 Miscellaneous $12,392,340.40 209 Multi/Residential -Remodel X200,000.00 2 Plumbing X3,095,615.00 84 Roof X3,921,855.00 28 Total Valuation X116,758,418.44 748 Total Annual Fees Collected X1,275,324.23 Certificate of Occupancy -New Buildings 2 Certificate of Occupance -Existing Buildings 193 t ~ -~ aniel Wall Public Works Director 333 G~~~oF vER~~'f~ . ~ :~. }* ;,•' ~~~![Y ~M9J City of Vernon Building Department Monthly Report from 1 211 12 0 1 8 to 12131/2018 Type Value # of Permits Demolition $300,000.00 1 Electrical $548,900.00 12 Grading $3,500,000.00 2 Industrial -Remodel $1,262,000.00 4 Mechanical $952,800.00 6 Miscellaneous $352,400.00 11 Plumbing $833,750.00 4 December 2018 TOTALS PERMITS: $7,749,850.00 40 PREVIOUS MONTHS TOTAL $102,886,896.35 632 YEAR TO DATE TOTAL $110,636,746.35 672 December 2017 TOTALS PERMITS: ~a4,020,040.00 68 PREVIOUS MONTHS TOTAL $105,666,943.63 559 PRIOR YEAR TO DATE TOTAL $109,686,983.00 627 1 — Vv'~~ aniel Wall Director of Public Works .. 334 ~ pF VER ~ c~.o.Nt~+O o` ~ ,:. . c: ~ e G,~~'E LY 1M~J6 2615 Bonnie Beach PI REEVES TRACTOR SERVICE INC 140,000 sq.ft. Cify of Vernon Building Depar~rnent Demolition Report -December 2018 c .--- aniel Wall Director of Public Works 335 o F ~'Et~~ .~4 <<:o.N~ 0 v,> ~ ~. ~. Y 'P o~G bsa• ~~vitT 1XOJ None City of Vernon Building Department New buildings Report -December 2018 aniel Wall Director Public Works 336 of rEA ~•'~~` ""~,~~~, City of Vernon • ,:: Building Department Major Projects from 12/1/2018 to 12/3'i/2018 ~n` t f~~ • ~~~'tLY tXOJ Valuations > 20,000 Permit fVo. Projec4 Address Tenant Description Job Value Demolition B-2018-3236 2615 BONNIE BEACH F Demo existing building 140,000s.f. 300000 APN 5243020010 1 Records) Electrical B-2018-3184 3049 VERNON AVE Farmer John APN 6303005034 B-2018-2997 2615 BONNIE BEACH f APN 5243020010 B-2018-3143 3250 44TH ST CULINARY APN 6303016007 INTERNATION B-2018-3160 3049 VERNON AVE Farmer John APN 6303005034 4 Records) Grading B-2018-2930 2615 BONNIE BEACH f APN 5243020010 1 Records) Industrial -Remodel B-2018-3136 2801 46TH ST APN 6303014016 B-2018-3101 3049 VERNON AVE APN 6303005034 2 Records) Mechanical B-2018-3229 2350 48TH ST APN 6308015043 B-2018-3218 3883 SOTO ST Farmer John APN 6302020059 B-2018-3208 3250 44TH ST Culinary Brands APN 6303016007 B-2018-2922 2701 SANTA FE AVE Brand Produce APN 6302007033 4 Records) $300,000.00 Electrical connection for pumps at 25000 bacon building Four (4) light poles (large parking 250000 lot lighting) New electrical for 180000 freezer/packaging/dock and new lighting in freezer new electrical connection for 40000 refrigeration in engine room $495,000.00 PAVING AND STRIPING OF A 3500000 6.903 ACRE PARKING LOT $3,500,000.00 New open office with open ceiling 40000 and suspend lighting Pork cut remodel 1200000 $1,240,000.00 Equipment -three steam kettles 25000 Equipment and installation of boiler 200000 selective catalytic reduction system. Equipment and installation for new 625000 freezer refrigeration systems Install wak in cooler -Mechanical 70000 (6) fan coil units (4) condensers $920,000.00 337 Miscellaneous B-2017-2141 4901 BOYLE AVE APN 6303024020 B-2018-3206 3049 VERNON AVE APN 6303005034 B-2018-3239 2615 BONNIE BEACH E APN 5243020010 B-2018-3235 5119 DISTRICT BLVD Amazon APN 6314003900 4 Records) Plumbing B-2018-3187 6131 MALBURG WAY APN 6310027042 B-2018-3134 3049 VERNON AVE Farmer John APN 6303005034 2 Records) 18 Permits) 2 Removal of main building slab and 70000 dock walls. Soil to stay for further testing. Electrical distribution &power of 60000 equipment structural area asbestos abatement &universal 42000 waste removal (non-haz material) install shelving (8.25 ft high) 104675 $276,675.00 Equipment and installation distillery 35000 Internal, above ground lines -Utility 795000 piping $830,000.00 Tofal $7,561,675.00 Daniel Wall Director of Public Works 338 of VE9 ,S'~ o.M ti C+, T~ ~'~ • ,~,... P~~ ( % ~ ,e r ' ' se e ej ~'ClY IN~J Request for Inspection Approved Pending Temporary Occupancies City of ~/ernon building Department Status of Certificates of Occupancy Requests Month of December 2018 Daniel Wall Director of Public Works 17 340 16 339 City of Vernon Certificate of Occupancy Applications Date From 12/1/2018 to 12/31/2018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2018-1177 6140 ALCOA AVE TK Services Inc. Service of 885.00 22000 APN 6310027031 refrigeration trailers C-2018-1178 3021 BNSF RR Jee Sook Lim Women's wholesale 885.00 10888 APN 6303002014 clothing C-2018-1179 4726 LOMA VISTA Garage Apparel Inc. Garment 385.00 2500 APN 6304019025 manufacturing C-2018-1180 2828 LEONIS BLVD S8 Apparel, Inc. Warehousing and 1,770.00 10143 APN 6303023004 distribution of garments C-2018-1181 3155 LEONIS BLVD Shosho Fashion, Inc. General 1,046.00 54950 APN 6303020009 Merchandise C-2018-1182 4170 BANDINI BLVD Mutual Trading Co., Inc. Warehousing food 1,046.00 60000 APN 6304003001 items C-2018-1183 2154 51ST ST Style Melody Inc. Warehousing 885.00 29388 APN 6308016056 garments C-2018-1184 2341 49TH ST The Massing Group LLC Garment 885.00 5620 APN 6308015044 Manufacturing C-2018-1185 5700 1ST ST Paradigm Industries Dye and wash 885.00 48433 APN 6308018023 garment operations 9 Permits(s) Total for Certificate of Occupancy: 8,672.00 243,922.00 Total Fees Paid 8,672.00 1 340 City of Vernon Certificate of Occupancy Issued Date From 12/112018 to 12/3112018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 1 21412 0 1 8 C-2016-0356 3189 BANDINI BLVD CLASSIC CONCEPTS INCWarehousing of 815.00 79000 APN 6303001008 home furnishing 12!412018 C-2018-0932 4424 PACIFIC BLVD EPRIS INC Warehousing 885.00 16000 APN 6308007018 general merchandise 1214!2018 C-2018-1168 5300 BOYLE AVE R PLANET EARTH OF LO~ffice use 0.00 10000 APN 6310008020 ANGELES LLC 12/4/2018 C-2017-0651 3737 ROSS ST JSC GROUP INC DBA Manufacturing of 689.00 13760 APN 6302012005 POLIANA PLUS garments/cutting 1214!2018 C-2017-0671 2370E 48TH ST THE CHOICE PRODUCE Warehousing of 689.00 20399 APN 6308015043 INC produce 1 21412 0 1 8 C-2016-0326 4404 PACIFIC BLVD B.K. TRADING Warehousing 300.00 2400 APN 6308407018 general merchandise 12/4/2018 C-2017-0770 3200 BANDINI BLVD ACE & REVE CLOTHING Warehousing of 1,770.00 20348 APN 6303007032 INC garments 1 21412 0 1 8 C-2017-0814 2110 37TH ST PRIVY INC Warehousing of 885.00 13000 APN 6302013044 garments 12/4/2018 C-2018-1060 4536 DISTRICT BLVD MOTHER BRAND LLC DBANarehousing of 885.00 32921 APN 6304019002 MOTHER DENIM garment s 1 21512 0 1 8 C-2018-1110 3801 SANTA FE AVE RED MEDIA SIGNS AND Manufacturing of 885.00 6500 APN 6302015007 GRAPHICS garments/screen printing 12/5/2018 C-2018-0981 4535 48TH ST JOSCOTT INC DBA Warehousing of 885.00 11134 APN 6304019010 HOUSE OF PRODUCE producelcoolers 12/5/2018 C-2016-0502 2231 49TH ST TOP'S HANDBAG, INC. Warehousing of 689.00 23600 APN 6308015Q44 handbags 12/5/2018 C-2017-0794 3221 46TH ST J B HUNT TRANSPORT, Trailer storage 385.00 4100 APN INC 12/5/2018 C-2017-0806 3864 SANTA FE AVE THREE IN ONE CUTTING Manufactruing of 385.00 2000 APN 6302018003 SERVICES garmentslcutting 12!5/2018 C-2017-0856 2080 25TH ST G.S.A. PRODUCTION Manufacturing of 885.00 10000 APN 6302009019 CORP garmentslcutting 12/5/2018 C-2017-0872 2231 49TH ST TOP'S HANDBAG, INC. Warehousing of 885.00 59893 APN 6308015044 handbags 1 341 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 12/19/201 C-2018-1120 2113 37TH ST THE CASA LEE APPARELManufacturing of APN 6302010010 INC garments Total for Certificate of Occupancy: 17 Permits(s) 885.00 .~.: 12,802.00 332,023.00 Total Fees Paid 12,802.00 342 City Council Agenda Item Report Agenda Item No. COV-85-2019 Submitted by: Wendy Herrera Submitting Department: Public Works Meeting Date: February 19, 2019 SUBJECT Public Works Department January 2019 Monthly Building Report Recommendation: A. Receive and File Background: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of January 2019. Fiscal Impact: None ATTACHMENTS 1. Public Works Department January 2019 Building Report 343 ~pF VF M `~ O~ .,. Ge. .' ~Ysai ~NOo City of Vernon Building Department Monthly Report from 1/1/2019 to 1131!2019 Type Value # of Permits Demolition $93,000.00 1 Electrical $1,233,499.00 12 Industrial -Remodel $2,046,928.00 6 Mechanical $1,198,199.00 5 Miscellaneous $410,460.00 15 Plumbing ~ $1,986,074.00 10 JANUARY 2019 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL JANUARY 2018 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $6,968,160.00 49 $0.00 0 $6,968,160.00 49 $ 5,887,530.00 56 $ - 0 $ 5,887,530.00 56 C../ Daniel all Director of Public Works 344 ~F wER '~4 ~~~C '~'O v' ~~~ ~ • .<,:: ,. a,~~ .~C ~~~str ~xOJ None City of Vernon Building Department New buildings Report -January 2019 ~ ~ t~~, Daniel Wall Director Public Works 345 of w£A ~4 ~~.o,~, ~•0 c,'` > 'y ~ ,,:~: e d ~``Q~Vf LY 1HOV`S 2244 37th St Bender CCP, Inc. 5,000 sq. ft. City of ~/ernon building Department Demolition Reporf -January 20'19 o `.,, (~ ~ Daniel Wall Director of Public Works 346 pF Vg '~~`~ `''°"~~~ ~~ ~ • .:,~,. ,_ ~" ~{ P~`4Oj~cir ~Mo~~ City of Vernon Building Department Major Projects from 1/1/2019 to 1/31/2019 Valuations > 20,000 Permit No. Project Address Tenant Description Job Value Demolition B-2018-3249 2244 37TH ST Bender CCP, Inc. Demo 5000 sq.ft. building. 93000 APN 6302013012 Diversion (weight) totals shall be sumitte to the city prior to final inspection. 1 Records) $93,000.00 Electrical B-2018-3173 2345 48TH ST Paper Source New machine installation 30000 APN 6308014029 Convert B-2018-3049 4440 26TH ST Project Mitchell (n) photography bays, upgrade 1113499 APN 5243018010 shipping and receiving dock area, TI of office areas, minor parking area fence installation, remodel restrooms 2 Records) $1,143,499.00 Industrial -Remodel B-2018-3082 3650 26TH ST replacement wall &free-standing 150000 APN 5192029014 shelter B-2018-3048 4440 26TH ST Project Mitchell (n) photography bays, upgrade 1798728 APN 5243018010 shipping and receiving dock area, TI of office areas, minor parking area fence installation, remodel restrooms B-2018-3179 2211 27TH ST Remodel - Restroom and Office 75000 APN 6302008025 2,000sf, addition of office 1,371 sf 3 Records) $2,023,728.00 Mechanical B-2019-3308 3003 LEONIS BLVD (2) Type I hoods and make-up air 50000 APN 6303021010 units B-2018-3050 4440 26TH ST Project Mitchell (n) photography bays, upgrade 1113499 APN 5243018010 shipping and receiving dock area, TI of office areas. 2 Records) $1,163,499.00 Miscellaneous B-2018-3161 2939 BANDINI BLVD 110.25 KW solar system, 315 25000 APN 6303002020 modules, 2 central invertersballasted system B-2019-3266 4444 26TH ST LBA Realty Asphalt parking lot repairs 42660 APN 5243018017 B-2018-3230 2701 SANTA FE AVE Brand Produce Storage Racks 102000 APN 6302007033 347 B-2018-3263 2825 54TH ST Melissa's Voluntary re-inforcement of the 2X4 APN 6310009010 sub-purlins of the roof structure with a 2X6 ledger. 4 Records) Plumbing B-2018-3264 2646 DOWNEY RD Dynasty Produce Utility sink &water heater APN 5192025008 installation, relocation of existing lavatory &toilet B-2019-3287 4700 DISTRICT BLVD Uncle Eddies Complete tenant improvement. APN 6304015001 Vegas C Water, drain, clarifiers ejector, gas systems. B-2018-2670 5555 DISTRICT BLVD Matheson Tri-Gas Addition of 11,754 s.f. of APN 6314019013 manufacturing space to existing building. Combination waste and vent system, and cold water piping. B-2018-3051 4440 26TH ST Project Mitchell (n) photography bays, upgrade APN 5243018010 shipping and receiving dock area, TI of office areas, minor parking area fence installation, remodel restrooms ~ Filed with B-2018-3050 4 Records) 16 Permits) Total Daniel Wall Director of Public Works 2 104000 $273,660.00 30000 100000 700000 1113499 $1,943,499.00 $6,640,885.00 348 of r~R `,,S41 ,I.o,..0 ~•G `S' ~ . ~, e~ y~ i r n ~~ ~~ S tG~~~'ECT 1H9u6 Request for Inspection Approved Pending Temporary Occupancies City ofi Vernon Building Department status of Certificates of Occupancy Requests Month of January 20'19 ~_ Daniel Wall Director of Public Works 24 334 15 349 City of Vernon Certificate of Occupancy Applications Date From 1/1/2019 to 1131/2019 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2019-1186 2019 38TH ST Helou &Sons Corp. Storage 385.00 5000 APN 6302012009 C-2019-1187 1980 25TH ST MJ Cutting Clothes Cutting 385.00 2000 APN 6302009017 C-2019-1188 2131 51ST ST RGGD, Inc. a California Warehousing framed 885.00 30000 APN 6308015017 Corporation art C-2019-1189 4424 PACIFIC BLVD J & J Brothers, Inc. Warehouse 385.00 5000 APN 630800701 S garments C-2019-1190 3385 LEONIS BLVD Lucky Taro, Inc. Wholesale produce 885.00 35000 APN 6303019014 C-2019-1191 2833 LEONIS BLVD. Samil Solution America Inc. Garment wholesale 385.00 1086 APN 6303022004 and retail C-2019-1192 2833 LEONIS BLVD AMC TEXTILE, INC. IMPORT &EXPORT 385.00 747 APN DROP-SHIP OFFICE C-2019-1193 4340 49TH ST Industries T. Taio Warehouse bath 885.00 15400 APN 6304023019 accessories C-2019-1194 2084 25TH ST K2 USA Inc. Fabric cutting 885.00 10000 APN 6302009019 C-2019-1195 3049 VERNON AVE Smithfield Packaged Meats Meat processing 1,046.00 93500 APN 6303005034 Corp. C-2019-1196 2281 49TH ST Latigo, Inc. a California Garment 885.00 10011 APN 6308015044 Corporation Manufacturing C-2019-1197 2375 27TH ST KOCAL TRADING CO. LLC Wholesale of apparel 885.00 7500 APN 6302008019 C-2019-1198 2385 27TH ST KICAL TRADING CO. LLC Wholesale of apparel 385.00 3000 APN 6302008016 C-2019-1199 2011 49TH ST Wheel Pros, LLC Wholesale 885.00 28756 APN 6308015073 automotive accessories C-2019-1200 4320 MAYWOOD AVE Topnet Inc. dba O~ente Warehousing of 885.00 17000 APN 6304021039 small appliances C-2019-1201 4334 SANTA FE AVE Kara Beauty Inc. Warehouse for 885.00 9989 APN 6308006004 makeup C-2019-1202 3398 LEONIS BLVD Smart Foods LLC Warehouse and 885.00 33122 APN 6303026016 process oils 350 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2019-1203 4600 PACIFIC BLVD Dunamis Inc Name Change 385.00 7350 APN 6308004011 C-2019-1204 5111 HAMPTON ST Perez Sewing Inc. Garment sewing 0.00 3000 APN 6308010032 contractor C-2019-1205 2627 SOTO ST J & K International Wholesale 885.00 15728 APN 6302001004 C-2019-1206 2622 ALAMEDA ST Flash JK Inc. Office use 385.00 150 APN 6302009038 C-2019-1207 2640 26TH ST Fashion Distribution Center, Warehousing 885.00 7505 APN 6302001028 Inc. handbags C-2019-1208 3311 SLAUSON AVE ADS Logistics Warehouse and 885.00 37420 APN 6310005010 distr. steel C-2019-1209 5764 ALCOA AVE ADS Logistics Co., LLC Warehousing steel 1,046.00 66600 APN 6310005009 Total for Certificate of Occupancy: 16,677.00 444,864.00 24 Permits(s) Total Fees Paid 16,677.00 351 City of Vernon Certificate of Occupancy Issued Date From 1/1/2019 to 1/31/2019 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 1/8/2019 C-2018-0986 3355 SLAUSON AVE TADIN LLC DBA TADIN Warehousing of food 1,770.00 APN 6310004010 HERB &TEA CO. 1 /31 /2019 C-2018-1113 2034 27TH ST GREAT BUY PRODUCTS Warehousing of 1,046.00 APN 6302009029 INC general merchandise 1/31/2019 C-2015-0032 2640 26TH ST Entry, Inc. dba ALT. B Manufacturing of 689.00 APN 6302001028 garments Total for Certificate of Occupancy: 3,505.00 3 Permits(s) 15803 54290 39800 109,893.00 Total Fees Paid 3,505.00 1 352 City Council Agenda Item Report Agenda Item No. COV-62-2019 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: February 19, 2019 SUBJECT Acceptance of Electrical Easement at 2665 Leonis Blvd. (APN 6308-004-013) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a “project” as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. Background: The property located at 2665 Leonis Boulevard is being developed and an easement is needed for the installation and maintenance of City owned electrical conduit and equipment serving the property. The Public Works Department has received a fully executed Electrical Easement by ALPINE-LEONIS, LLC, a California limited liability company, owners for the property at the above-mentioned location, Assessor’s Parcel No. 6308-004-013. The easement has been reviewed and approved by the Vernon Public Utilities Department and has been approved as to form by the City Attorney’s Office. Fiscal Impact: Acceptance of the proposed Electrical Easement has no fiscal impact. ATTACHMENTS 1. Electrical Easement - 2665 Leonis 2. Certificate of Acceptance - EE 2665 Leonis 353 RECORDING REQUESTED BY and WIN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt SPACE ABOVE TEIIS LINE RESERVED FOR RECORDER'S USE EASEMENT (ELECTRICAL) APN: 6308-004-013 DOCUMENTARY TRANSFER TAX IS NONE —NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, ALPINE-LEONIS, LLC, a California limited liability company (the "Grantor") HEREBY GRANTS) TO: City of Vernon, a municipal corporation (the "Grantee") An easement for every purpose beneficial to the Vernon Public Utilities Department, a Municipal Corporation, including, but not limited to, the right to construct, lay, install, use, maintain, alter, add to, repair, replace, inspect and remove underground and overhead electric and other public utilities, consisting of pole, guys and anchors, crossarms, wires, cables, conduits, manholes, vaults, pull boxes, markers and other fixtures and appliances with the right of ingress and egress in, on, over, under, across and through that certain real property in the City of Vernon, County of Los Angeles, State of California, as described in E~iibit "A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. This easement is on a portion of the property owned by the Grantor. The Grantee, and its employees shall have free access to said facilities and every part thereof, at all times, for the purpose of exercising the rights herein granted. Date: September 13~, 2017 ALPINE-LEONIS, LLC, a California limited liability company "Grantor" James Schladen, M 354 A notary public or other officer completing this certificate verifies only tlic identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~ L~~S On S ~~ before me, Y~~ ~ ~l-n~.- I~' 1 rn~G ~/CC Imo. ~ ~G( I'G Insert Name ofNotar ~ Public and Title t y ) personally appeaxed ~~ ~j 1~ Y1 /' L~ ~~' ~ (Q~ ~ who proved to me on the basis of satisfactor}~ evidence to be the person(-whose name(-~.} ism- subscribed to the within instrument and acknowledged to me that hels~elt~ executed the same in his/#per/their authorized capacity(ies), and that by his/her/tl~eir signatures} an the instrument the person(s~ or the entity upon behalf' on which t}le person{~}-acted, executed the instrument. I certify under PENALTY OF PERJU~2Y uncicr tlic laws of the State of CAiifornia that the forgoing paragraph is true and correct. WITNESS my hand and ~icial seal. Signature (Seal) MARGARITA ALMODOYAR COMM. #2176576 Notary Public •California CoL~os~An~eles ~ ~ 355 S "~ ~ ~l ~ EXHIBIT A 2 I.E~AL DESC~tIPTION 3 4 A strip of land 12.00 feet wide being a portion of Lot 2{~, of Tract IV.Iap No. b452, in the City of 5 `Vernon, County of Los Angeles, State of California, as per map recorded in Map Book 94, Pages 6 ~ 77 and 78, inclusive, of Tract Map Records, in the office of the recorder of said County, the ~ west line of said strip tieing described as follows: 8 i 9 Beginning at a point on the west line of said Lot 20, said point lying distant l0 ;North 00°09'00" west 185.00 feet from the southwest corner of said Lot; the~~ce northerly along 1 ~ said west Tine, i~iorth ~~°09'00" Vv'est $O.OU feet. 12 t 13 ;This Legal Description is shovcm on accompanying "Exhibit B", is made a part hereof for { i 4 ;reference purposes, and is not intended for use in the division andlor conveyance of land lIl I 1s ;violation of the Subdivision Map Act of the State of California. 1b l7 ~ 8 Prepared under the direction of 19 ~~~~~' u~°s~~ 2~ °~•! t ~2~ot~ 22 Douglas R. Howard PLS b 1 b9 Date * ~' 8~~~ ~k f,cp 3 •S1~ 18 23 Psomas ~~' ~,~ , St 25 ?~ 27 28 29 30 31 W:~1GKA2QOl0U1SURVEYILEGALSILEGAL EASEMf:N"1' U'1'L-Ol.doc DRI 11v1 9/t 112U17 Sheet ~ of 1 356 357 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Electrical Easement dated September 13, 2017, executed by ALPINE- LEONIS, LLC, a California limited liability company, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on February 19, 2019, and the grantee consents to recordation thereof by its duly authorized officer. Dated: _______________, 2019 CITY OF VERNON ________________________________ YVETTE WOODRUFF-PEREZ, Mayor ATTEST: MARIA E. AYALA, City Clerk APPROVED AS TO FORM: HEMA PATEL, City Attorney 358 City Council Agenda Item Report Agenda Item No. COV-76-2019 Submitted by: Robert Sousa Submitting Department: Police Department Meeting Date: February 19, 2019 SUBJECT Ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing of South Gate Inc., a Franchise Towing Services Agreement Recommendation: A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. is not subject to review under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Approve the second reading, and adopt Ordinance No. 1259 granting U.S. Tow, Inc. a franchise towing services agreement; and C. Approve the second reading, and adopt Ordinance No. 1260 granting Mr. C’s Towing of South Gate, Inc. a franchise towing services agreement; and D. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City. Background: NOTE: This item was presented to the City Council for a first reading on February 5, 2019. Additional information has been added to the later portion of this staff report to address concerns raised during the first reading. On October 2, 2012, the City Council adopted Ordinance No. 1198, establishing a selection process and franchise agreement system for official police towing services. In addition, the ordinance set forth minimum requirements and performance standards for equipment, facilities, personnel, and services for each tow company providing as needed vehicle towing and storage services requested by the Vernon Police Department (“VPD”). The ordinance also established procedures for suspending or revoking tow companies that fail to meet the minimum standards, violate federal, state, or local laws, or for any cause which the VPD determines is in the public interest, necessary or general welfare for the contract to continue. On September 15, 2015, the City Council of the City of Vernon adopted Ordinances Nos. 1231 and 1233 granting U.S. Tow, Inc. and H.P. Automotive & Tow, Inc. a franchise towing services agreement for a term of three years, which has now expired. On November 1, 2018, the City Administrator authorized staff to issue a Request for Proposals (“RFP”) seeking qualified licensed Tow Providers to enter into a franchise agreement to perform rotational police towing and storage services. The RFP specifically sought operators to furnish the VPD with licensed tow operations as may be required for a three (3) year period from the date of execution. The RFP was emailed to seven (7) local tow companies operating in359 the general area and was posted on the City’s website. In addition, an RFP notice was published in the Los Angeles WAVE news publication. The VPD received five (5) responses to the RFP. The five proposals were reviewed and assessed by an evaluation panel comprised of representatives from the VPD Administrative staff. Before conducting an assessment of each of proposal, members of the evaluation panel conducted on-site inspections of each of the five tow companies. Each proposal was evaluated using the criteria set forth in the RFP. The following criteria was used in evaluating each proposal: - Qualifications / Experience 40% - References 20% - Responsiveness to the RFP and Quality 10% - Cost and Fees 30% After evaluating and rating the five proposals, the towing companies were ranked according to the scores of the evaluators. Based on the physical inspections, reference checks, and evaluation of the proposals, the evaluation panel is recommending the following two tow companies: U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc.. The two companies named for award are the top ranking companies out of the five that responded to the RFP. 1.U.S. Tow Inc. 2.Mr. C’s Towing of South Gate Inc. 3.Citywide Towing Inc. 4.H.P. Automotive & Tow Inc., dba HUB City Tow 5.Hank’s Wilshire Tow Inc. The City Attorney’s Office has prepared a standard agreement for official police tow services. This agreement establishes the City’s requirements and minimum performance standards, payment of fees, reporting requirements, and other terms and conditions related to vehicle towing and impound services for the VPD. The agreement is for a term of three (3) years. This agenda item was presented to City Council for First Reading at the February 5, 2019 City Council Meeting. At the aforementioned meeting, the City Council approved the first reading of the franchise towing services agreement with a request that language be added to have the Police Department (PD) track the tow companies’ response times moving forward. In addition, the City Council requested that the PD provide them with information regarding the average response times for each of the tow companies currently under consideration. The Police Department now has procedures in place to track response times for tow services moving forward. In addition, the two ordinances being proposed were revised to include language regarding data collection and reporting requirements. PD will collect and maintain records of response times and will submit a written report summarizing such data to the City Council at a regularly scheduled Council Meeting during the month of April throughout the term of the franchise. Following the first reading, the PD requested and received response time data from both U.S. Tow, Inc. and Mr. C’s Towing of South Gate for the last three years (2016-2018). Being that Mr. C’s Towing of South Gate has never had an agreement with the City for tow services, they provided response time data for the law enforcement agencies they currently have agreements with. U.S. Tow, Inc. who has had an agreement with the City for the last 3 years provided response time data specific to calls for service from Vernon PD. 360 The information provided by U.S. Tow, Inc. indicates the company had a three-year average response time (in minutes) to requests from the PD of 11:26, and Mr. C’s Towing of South Gate had a three-year average response time of 8:38. The request for proposals (RFP) issued for this purpose specified the average response time for any thirty (30) day period pursuant to requests for tow service by the PD must not exceed twenty (20) minutes. The average response times noted above demonstrate both tow companies have a track record of responding well within the twenty (20) minute threshold outlined in the RFP, and that both companies will be able to adequately handle the PD’s service requests. Fiscal Impact: There is no cost associated with execution of a franchise tow services agreement. The towing services franchise does not increase the costs paid by vehicle owners, as these rates are fixed. Vehicle Code § 12110(b) allows a public agency to collect administrative or franchise fee to recover its actual and reasonable costs incurred in connection with its towing program. ATTACHMENTS 1. NPH - 2 Ordinances Granting Franchise Towing Services 011719 2. Franchise Tow Fee Program - RFP 3. US Tow City of Vernon Proposal 4. Mr C's Towing of South Gate Response to Vernon Towing RFP 5. Ordinance Franchise Tow Agreement U.S. Tow 6. Redline Ordinance Franchise Tow Agreement U.S. Tow (No Exhibits) 7. Ordinance Franchise Tow Agreement Mr. C's Towing 8. Redline Ordinance Franchise Tow Agreement Mr. C's Towing (No Exhibits) 361 City of Vernon NOTICE OF PUBLIC HEARING REGARDING TWO ORDINANCES GRANTING A FRANCHISE TOWING SERVICES AGREEMENT TO U.S. TOW, INC, AND MR. C’S TOWING OF SOUTH GATE, INC. The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chamber 4305 Santa Fe Avenue Vernon, CA 90058 DATE & TIME: Tuesday, February 5, 2019 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of two ordinances granting a franchise towing services agreement to U.S. Tow, Inc. and Mr. C’s Towing of South Gate Inc. DOCUMENTS FOR REVIEW: Notice is hereby given that a hard copy of the proposed ordinances will be available for public review during normal business hours in the City Clerk Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:00 a.m. and 5:30 p.m. Monday through Thursday. Please send your comments or questions to: Robert Sousa, Captain City of Vernon Police Department 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 587-5171 Ext. 115 Email: rsousa@covpd.org PROPOSED CEQA FINDING: Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is a fiscal and 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. If you challenge the adoption of the ordinances granting a franchise towing services agreement to U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Americans with Disabilities 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) 583-8811 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: 01/10/2019 /s/ Maria E. Ayala, City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 362 CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com MARIA AYALA CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 GPN GOVT PUBLIC NOTICE NPH - Granting Franchise Towing Svcs 01/17/2019 Notice Type: Ad Description COPY OF NOTICE 3211404 !A000004958134! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING REGARDING TWOORDINANCES GRANTING A FRANCHISE TOWING SERVICES AGREEMENT TO U.S. TOW,INC,AND MR.C'S TOWING OF SOUTH GATE,INC. The City ofVernonwill conduct a Public Hearing, which you may attend. PLACE:Vernon City Hall CityCouncil Chamber 4305Santa FeAvenue Vernon,CA 90058 DATE &TIME:Tuesday,February 5,2019 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT:Consider the adoption of two ordinances granting a franchise towing services agreement to U.S.Tow,Inc.and Mr.C’s Towingof SouthGate Inc. DOCUMENTS FOR REVIEW:Notice is hereby given that a hard copy of the proposed ordinances will be available for public review during normal business hours in the City Clerk Department,located at 4305 Santa Fe Avenue, Vernon,California,between the hours of 7:00 a.m.and5:30 p.m.Monday through Thursday. Pleasesend yourcomments or questions to: Robert Sousa,Captain Cityof Vernon Police Department 4305Santa FeAvenue,Vernon,CA 90058 (323)587-5171 Ext.115 Email: rsousa@covpd.org PROPOSED CEQA FINDING:Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA")review, because it is a fiscal and 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 Guidelinessection 15378. If you challenge the adoption of the ordinances granting a franchise towing servicesagreement to U.S.Tow,Inc.and Mr.C’s Towing of South Gate, Inc.or any provision thereof in court,you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at,or prior to,the meeting. Americans with Disabilities 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- 8811ext.546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and placewithout further notice ofapublic hearing. Dated:01/10/2019 /s/ Maria E.Ayala,City Clerk 1/17/19 PRE-3211404# HUNTINGTON PARK BULLETIN 363 City of Vernon Request for Proposals (RFP) Franchise Tow Fee Program City of Vernon Police Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 587-5171 364 City of Vemon Franchise Tow Fee Program Request for Proposals 1. INTRODUCTIONANDPROJECT The City ol Vernon seeks proposals from qualified bidders to enter into a franchise agreement to perform rotational police towing and storage services. Services to be performed by the selected tow service company include vehicle towing and impound services as direcied by the Vernon Police Department. Based on the quality of the proposals received, the City may consider awarding a single tow franchise contract, or multiple tow franchise contracts using a call-for-service rotation. The City does not expect to award more than t/vo (2) franchise agreements under the rotational system, although City Council reserves the right to award conlracls at its sole discretion, based on the proposals submitted. The City will select no more than two (2) tow service companies, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the removal of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers driving on suspended licenses, or involved in traffic collisions, or vehicles creating a tratfic hazard due to mechanical failures. To be eligible for consideration, the tow service company's place of business and vehicle storage facility must be located within a seven (7) mile radius ol the Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon CA 90058. 2. BACKGROUNO 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 20th century the lands that make up Vernon were comprised largely ot farmlands. The presence of three major rail lines in the area led inf luential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking tacilities. ln the 1930's Vernon became the location of choice lor 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 lriendly environment, low cost utilities and key location lor trucking and rail transport conlinue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve live-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works Department, Public Utilities Department, and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, lnternational Brotherhood ol Electrical Workers Local 47, and Teamsters Local 91 1 . -2- 365 City of Vemon Franchise Tow Fee Program Request for Proposals 3. Kev Dates a) lssue Date: b) Bidders Deadline lor Requests for lnformation:c) City's Response to Requests for lnformation Deadline:d) Deadline to submit Proposal: November 1, 2018 November 7, 2018 November 14,2018 November 19, 2018 4. REOUESTS FOR INFORMATION A) All questions must be submitted in writing to the City of Vernon Police Department no later than 5:00 pm, November 7, 2018. Responses to verbal questions will not be given. B) Requests for clarifications, questions and comments must be clearly labeled, 'Written Questions Re: City of Vernon Franchise Tow Fee Program." The City is not responsible for failure to respond to a request that has not been labeled as such. C) Any of the following methods of delivering written questions are acceptable as long as the questions are received no later than the date and time specified above: . U.S. Mail or Personal Courier: Attention: Robert Sousa, Captain Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 o E-mail: rsousa @ covod.oro D) Responses lrom the City of Vernon to requesls for information will be delivered to all interested parties no later than November 14,2o1a. E) 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 ol them. 5. ISSUES OR PROBLEMS TO BE AOORESSED The selected low service company shall be able to provide swift, professional service in the removal ol any vehicle, as directed by the Vernon Police Department, from any City street. 6. SCOPEOFSERVICESREOUIRED The City of Vernon is seeking the services of a highly qualified tow service company to assist in: Under the terms specified herein as well as in Chapter 48 of the Vernon Municipal Code, Franchisee shall lurnish impound, towing, and storage services to the Vernon Police -!r- 366 City of Vernon Franchise Tow Fee Program Request for Proposals Department and the City as directed by the Vernon Police Department. To be eligible for a franchise, applicants must meet the City's minimum requirements as specified herein. Franchisee will be required to provide the necessary trained personnel, tow trucks and storage facilities to recover, if necessary, and remove vehicles and tractor/trailers involved in collisions. Franchisee(s) must be able to tow and store vehicles impounded by the police, many times in excess of 30 days; and must be able to clean up and dispose of debris at the scene of an accident at which any vehicle to be towed hereunder was involved. The average response time for any thirty (30) day period pursuant lo requests for tow service by the Police Department, must not exceed twenty (20) minutes. The maximum response time for any single request lor tow service by the Police Department shall not exceed thirty (30) minutes. ln the event the Franchisee cannot respond within twenty (20) minutes, the Franchisee shall immediately notify the Police Department dispatcher and provide an estimated time of arrival. Franchisee must provide a dispatcher available onsite at the tow lacility place of business at all times for the immediate dispatching of towing equipment. Franchisee's place of business must be open from 0700 to 1800 hours Monday through Friday. Alternate hours, as directed by the City, must also be available in order to accommodate special City events. Failure or refusal to promptly relay the Police Dispatcher's requests for towing services shall constitute failure to comply with the requirements, terms and conditions of the agreement and may result in termination of the agreement. All tow trucks shall be equipped as provided in the California Vehicle Code. Franchisee's hucks shall be painted, lree of major dents, and kept clean and in good working order. Oflicial police tow services shall, at all times, have at least three (3) fully equipped and operational tow trucks in service. All oI the tow trucks in service must have a minimum capacity ol one (1)ton. At least one (1) ol the tow trucks in service must be a f latbed tow truck. At least one ( l) o, the three (3) tow trucks in service must have a live (5) ton lifting capacity. Every otficial police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by Police Department employees. Upon selection the Franchisee shall lile with the Vernon Police Department, the name, address, date of birth, driver's license number, and all other information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than ten (10) business days following the effective date of hiring. The Franchisee will be required to notily the Vernon Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Vernon Police Department no later than ten (10) business days following the last date of the driver's employment by the permit holder. -4- 367 City of Vernon Franchise Tow Fee Program Request for Proposals The Franchisee will be required to notily the Vernon Police Department of the identity of any tow truck driver whose license is suspended. The operator shall not be authorized to operate in Vernon unless the operator has provided proof from the Department ol Motor Vehicles of the ability to operate a vehicle during work hours. The Franchisee will be required to enroll and participating in a program with California Department of Motor Vehicles (DMV Pull Program) that notifies the Franchisee when their drivers have any change to their driving status or record. This DMV program will alert the Franchisee to any potential problem drivers. Franchisee will be required to comply with the California Vehicle Code and other applicable laws with regards to lien sales, including supplying a list of vehicles each month that the Franchisee intends to lien sale prior to selling same for approval by the department. Franchisee is responsible for maintaining all documents relating to lien sales- 7. OUALIFICATIONS & CRITERIA A. Qualilications: The City of Vernon will select no more than two (2) tow service companies for all of the outlined Scope of Service on the basis ol qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request {or Proposal: 1. The applicants can satisfy the insurance, business license, and tow operator permits requirements set forth in Vernon Municipal Code Chapter 48.2. The applicants are qualilied on the basis of prior experience in the towing operation business and Iinancial responsibility.3. All tow vehicles and equipment must comply with all state and applicable f ederal requirements.4. The applicants can reasonably conduct an official police towing service which complies with all of the requirements of Vernon Municipal Code Chapter 48.5. The applicants will accept all tow requested by the City, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment. B- Selection Criteria: The City will conduct a comprehensive, {air, 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, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 4o"/" Qualijications, background and prior experience of the tow service company in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. -5- 368 City of Vemon Franchise Tow Fee Program Request for Proposals 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds tor disqualif ication of the Proposer. lf rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state.3. 107" Responsiveness to the RFP, and quality and responsiveness ol lhe proposal.4. 207o References including past performance ol proposer. 8. FORMAT AND DELIVEBY OF RESPONSE Respondents are asked to submit one (1) unbound original, seven (7) hard copies and one (1) electronic copy (via email to rsousa@covpd.oro) of their proposals in suflicient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following inlormation in sectionalized format addressing all phases ot lhe 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 attach a company brochure il you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. 2. Oganize your submittal in the order described above. 3. Prominently label the package: "Franchise Tow Fee Program" and include the name of the primary contact for the respondent. Deliver the response lo: City of Vernon Attention: Robert Sousa, Captain 4305 Santa Fe Avenue Vernon, CA 90058 4. Responses are due on or belore 5:00 p.m. on November 19, 2018. Late response will not be accepted. B. Cover Letter: All proposals shall include a cover letter which states thal the proposal shall remain valid for a period ol not less than ninety (90) days trom the date of submittal. lf the proposal contemplates the use ol sub-contractors, the sub- coniractors 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 respect to the business entity, the cover letter shall also include: the identilication of the business entity, including the name, address and telephone number of the business entity; and the name, title, -6- 369 City of Vemon Franchise Tow Fee Program Request for Proposals address and telephone number of a contact person during the proposal evaluation period. C. lntroduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time lrames and your identilied budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and intenelationship of all pro.iects. Define the scope of each task including the depth and scope ol analysis or research proposed. F. 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 tow service company. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer ofiers 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. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualilications, including names, titles, detailed prolessional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). ldentify role and responsibility o, each member ol the proiect team. lnclude the amount ol time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected tow service companies shall not subconlract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). 9. 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, il made, will be posted on the City's website (www.cityofuernon.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 -7 - 370 City of Vemon Franchise Tow Fee Program Request for Proposals amendments. The preferred manner of communications is via e-mail due to its timeliness. 10. CONDTTIONS FOR BESPONSES TO RFP The following conditions apply to this RFP process: B. c. D. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. 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 lime, at its sole discretion. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. No conversations or agreements with any o{ficer, agent, or employee ol the City shall affect or modify any terms oI this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. The dates, times, and sequence of events related to this RFP shall ultimately be delermined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, il it must be altered, will attempt to provide reasonable notice of the changes. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Oflice. E. F. G. H. 11. RIGHT BY THE CITY TO WITHDRAW THIS REOUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. -8- 371 City of Vemon Franchise Tow Fee Program Request for Proposals 12. LIVING WAGE ORDINANCE The selected tow service companies shall pay qualifying employees a wage ol not less than $10.30 per hour with health benefits, or $1 1 .55 per hour without health benelits. The tow service companies shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year ol uncompensated time for sick leave. There shall be a prohibition on employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. The tow services companies, and any sub- contracto(s), shall comply with the City's Living Wage Ordinance. The cunent Living Wage Standards are set forth in Exhibit "D" of the standard {orm lranchise towing services agreement, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. 13. STANDARD TERMS AND CONOIT]ONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions ol the Contract. The term o{ the Contract shall not exceed three (3) years. -9- 372 City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION - t0 - 373 City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT B STANDARD FORM CONTRACT - 1'1 - 374 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. COVER PAGE Franchisee: [insert name of franchisee] Responsible Principal of Franchisee: [insert name, title] Notice lnformation - Franchisee: [insert name of franchisee] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Anthony Miranda Chief of Police Telephone: (323) 587-5171 en. 115 Facsimile: (323) 826-1483 Commencement Date: [insert commencement date] Termination Date: [insert termination date, three years after commencement datel Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to Section 15.3 375 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. This Agreement is made and entered into by and between the City ol Vernon ("Cit/), a Calilornia charter City and California municipal corporation, and ("Franchisee"), a Police Towing Company with its principal place of business at (collectively, the "Parties") to provide towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City ol Vernon as set Iorth in the Request lor Proposal issued on or about Exhibit A, Exhibit B,and Franchisee's proposal to the City ("Proposal') dated both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 48 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise ("Franchise"); and WHEREAS, the City Council has held a public hearing lor the purpose ol hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 48 ol the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement ('Agreemenf) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 48 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way Ior such purpose. This grant is pursuant to the City's Request lor Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specilied in Section 8.9 of the Charter of the City of Vernon, the provisions of Chapter 48 of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. 376 Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, from inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of lhe Franchise, Franchisee shall pay a franchise lee to City in an amount equal to 5% of Franchisee's gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed lrom the date on which the ordinance granting this Franchise became effective and in accordance with Section 48.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set torth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting ol this franchise, and within three (3) months alter the expiration of each calendar year thereafter, a verilied statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of oflicial police towing services within the limits ol the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglecl, omission or relusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall conslitute grounds for the declaration of forfeiture ol this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 1 I and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible lor insuring that Franchisee has the appropriate financial institulion information lor electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration ol a forleiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representalive ol the Franchise, showing in such form and detail as the Finance Director of the City oI Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination ol the amount due. 3.4 The first payment of the franchise fee will be due on and payments shall be due monthly thereafter on the 15'h day oI each month. 3.5 When Franchisee remits franchise fees to the City, such franchise lees shall be deemed timely paid only if delivered or postmarked on or before the due date. lf fees 377 are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of live percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Otficial Police Tow Services, and which includes, but without limitation, slrictly adhering to the eligibility requirements, operating regulations, fees schedules, standards lor tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 48 of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 48.12 of the Vernon Municipal Code, or il Franchisee is otherwise unavailable lor any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES. CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sherifl will be considered when establishing these rates. The rate per impound shall be $- and the storage charge shall be $- per day, until otherwise modif ied by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part ol the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed y2 ot lhe impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief ol Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 378 The report shall include the inlormation required by Section 48.10(H) ot the Vernon Municipal Code for Franchisee and its subcontractors, certitied as true and correct under penalty of perjury by a responsible owner or official of the Franchisee: Section 7. FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee's books, accounts and records, arising out ol or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee's place oJ business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting behveen Franchisee and its subcontractors. Seclion 8. TOW VEHICLE AND DRIVER. REPORTING. COMPLIANCE. AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards ("emission standards'), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that lailure to conform with emission standards may resull in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following idenlilication: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted upon both sides of the vehicle. All leftering mentioned in this paragraph shall be not less than 2-114" in height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transfened or taken out ol service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date ol birth, driver's license number, and all identification required of any tow unit driver working lor Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or 379 penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 48 of the Vernon Municipal Code or otherwise pursuant to this Agreement. 9.2 Franchisee shall indemnily the City, de{end with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, cosls, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes ol action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys'and expert witness fees and costs incurred in connection with derending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City lrom liability. Section 10.INSURANCE. Franchisee shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, lor the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Aulomobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii. Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee. iii. On-Hook Liability insurance with coverage limits of no less than $1,000,000 lor damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee's tow trucks. iv. Franchisee agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council lrom and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under 380 the performance of the services. v. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate 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 ol the Franchisee's performance of this Agreement. (1) lf Franchisee employs other contractors as part oflhe services rendered, Conlractor's Protective Coverage is required. Franchisee may include all subcontractors as insureds under its own policy or shall furnish separale insurance for each subcontractor, meeting the requirements set forth herein. (2) Franchisee agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services. vi. Franchisee shall comply with the applicable sections o{ the California Labor Code concerning workers' compensation for injuries on the job. ln addition, Franchisee shall require each subcontractor to similarly maintain workers' compensation insurance in accordance with the laws for California for all of the subcontractor's employees. Compliance is accomplished in one of the lollowing manners: (1) Provide copy of permissive self-insurance certificate approved by the State of Cali{ornia; or(2) 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 Agreement; or(3) Provide a "waiver" form certifying that no employees subiect to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement. vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. viii. lnsurance shall be placed with insurers with a Best's rating of no less than A-Vil. 381 Prior to commencement of perlormance, Franchisee 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. Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Franchisee shall immediately notify City and cease all peformance under this Agreement 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, attorney's fees and costs against Franchisee by way ol set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including aftorney's fees and costs, being collectible f rom Franchisee, by way ol set-off or recoupment lrom any sums due to Franchisee. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee ( 10) days written notice ol such lermination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, Iailure to supply the materials, equipment or service specilied within the time allowed or within the lerms, conditions or provisions ol this agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. ln addition to termination or suspension as set forth in Section I1, above, the Chief ol Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, salety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full lorce and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice ol temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, iI different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, il different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration ol 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time lor termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is litted by written notice of the Chiel of Police. 382 Section 13. ACCEPTANCE. WAIVEB. Franchisee agrees lo be bound by and comply with all the requirements ol Chapter 48 and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 48 under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. lt is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless lrom all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behall of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, conditaon, breach or default of this Agreement 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. 14.4 NO ASSIGNMENT. The Franchisee shall not assign or trans{er any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shatt comply with all Federat, Slate, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof . 14.6 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entifled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7.1 Aoplicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws ol the State of California. 14.7.2 Entire Aoreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes 383 all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative ol the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no Iorce or effect. 14.7.4 Severabilitv. lf any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, 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 Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to perlormance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the lorum. 14.7.6 Order ol Precedence. ln case ol contlict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order oI precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City ol Vernon this Agreement, the City's Request for Proposals for Otficial Police Towing Services, and Franchisee's Response to the City's Request tor Proposals for Otficial Police Towing Services. 14.7.7 Duplicate Orioinals. There shall be two (2) fully signed copies of this Agreement, each ol which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 15. ADDITIONALASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because ol their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 384 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee's records to the elitent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreemenl and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or tor other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. lf not, the Franchisee shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and eltra 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 personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee ol the Franchisee is a director, oflicer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the erlent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontracto(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 48 ol the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parlies as follows: To City:Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: 385 Notice shall be deemed effective on the date personally served or, iI mailed, three days the date deposited in the mail. [Signatures Begin on Next Page]. 386 lN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City [FRANCHISEE'S NAME, a [State and California municipal corporation incorporated inl corporation By: Carlos Fandino, City Administrator Name: Title: ATTEST: Maria E. Ayala, City Clerk Tiile: APPROVED AS TO FORM: Hema Patel, City Attorney By: Name: 387 EXHIBIT A REOUEST FOR PROPOSALS 388 EXHIBIT B FRANCHISEE'S PROPOSAL 389 A. B. EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Franchisee certif ies and represents that, during the performance of this Agreement, the Franchisee 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. Franchisee further certilies that it will not maintain any segregated facilities. Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behall ol Franchisee, 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. Franchisee 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. Franchisee agrees to provide the City with access to, and, il 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 conlidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as lo require or permit any act which is prohibited by law. c. D, E. 390 EXHIBIT D LIVING WAGE PROVISIONS U!dllgg-t!v!!siU3 : 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. @..]U@-PevS: Employers provide qualifying employees at least twelve compensated days ofl per year lor sick leave, vacation, or personal necessity, and an additional ten days a year ol uncompensated time for sick leave. Mdd@: 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 lor willful violations, and attorney's fees, or to compel City officials to terminate the agreement of violating employers. 391 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss being first duly swom deposes and says that he/she is of (INen nanE of bidd€r) who submits herewith to the City of Vemon a bid./proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest ofor on behalf of any undisclosed person, pannership, company. association, organization orcorporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirertly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest ofthe City ofVemon, orofany otherbidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bidVproposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not dirertly 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 from bidding or withdraw hiVher 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 of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of hiVher bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit hiyher bid/proposal price or any breakdown thereof, or the contents thereof, or divulge infonnation or data relative thereto, to any corporation, pannership, company, association, organization, bid depository, or to any nrcmber 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/her business. I cenify under penalty of perjury that the above information is corre.i By: (lt6€n SoLO$ner'. Panner'. 'President- S€etary". tr otlEr properlitle, Date:_ 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 ORDINANCE NO. 1259 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO U.S. TOW, INC., A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the “City”) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on September 15, 2015, the City Council of the City of Vernon adopted Ordinance Nos. 1231 and 1233 granting U.S. Tow, Inc. and H.P. Automotive & Tow, Inc. a franchise towing services agreement for a term of three years; and WHEREAS, on or about November 1, 2018, the Police Chief issued a Request for Proposals for the City’s Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to U.S. Tow, Inc.; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. / / / 487 - 2 - SECTION 2: GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to U.S. Tow, Inc., its lawful successors or assigns to provide official non-consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4: FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the 488 - 3 - aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, grantee has the ability to cure under Section 12. Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 6: DATA COLLECTION AND REPORTING. The Vernon Police Department shall maintain a record of grantee’s response times during the term of the franchise and shall submit a written report summarizing such data to the City Council of the City of Vernon at a regularly scheduled City Council meeting in the month of April each year during the term of the franchise. SECTION 7: WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 8: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the City of Vernon as such limits exist at the time of the granting of the 489 - 4 - franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance. SECTION 9: EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City’s right of eminent domain. SECTION 10: VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 11: NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its 490 - 5 - City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 12: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State. All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or governmental authority having jurisdiction in the premises. Where not in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 13: INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 14: ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee’s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. SECTION 15: PERFORMANCE BOND. (a) At the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with 491 - 6 - respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses. The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable. If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a “license or permit” within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 16: LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937. SECTION 17: REPEAL. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 18: SEVERABILITY. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word 492 - 7 - in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 19: BOOK OF ORDINANCES. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 493 - 8 - SECTION 20: EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 19th day of February, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian W. Byun, Senior Deputy City Attorney 494 - 9 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1259 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 5, 2019, and thereafter adopted at a meeting of said City Council held on Tuesday, February 19, 2019, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ____ day of February, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 495 EXHIBIT A 496 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. _____ COVER PAGE Franchisee: U.S. Tow, Inc. Responsible Principal of Franchisee: Moshe Ben Dayan, President/CEO Notice Information - Franchisee: U.S. Tow, Inc. 2119 East 25th Street Los Angeles, CA 90058 Attention: Moshe Ben Dayan, President/CEO Phone: (213) 749-7100 Facsimile: (213) 749-0272 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Anthony Miranda Chief of Police Telephone: (323) 587-5171 ext. 115 Facsimile: (323) 826-1483 Commencement Date: No earlier than thirty-one (31) days after final approval by City Council of City of Vernon of ordinance granting franchise to U.S. Tow, Inc. Termination Date: Three (3) years from Commencement Date, inclusive Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to Section 15.3 497 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. _____ This Agreement is made and entered into by and between the City of Vernon (“City”), a California charter City and California municipal corporation, and U.S. Tow, Inc. (“Franchisee”), a California corporation with its principal place of business at 2119 East 25th Street, Los Angeles, CA 90058 (collectively, the “Parties”) to provide towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal issued on or about November 1, 2018, Exhibit A, and Franchisee’s proposal to the City (“Proposal’) dated November 19, 2018, Exhibit B, both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (“Franchise”); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement (“Agreement”) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City’s Request for Proposal and to Franchisee’s proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Section 8.9 of the Charter of the City of Vernon, the provisions of Chapter 4B of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee’s application for the Franchise. Section 2. TERM OF FRANCHISE. 498 The term of this Franchise granted to Franchisee shall be for three (3) years, effective from thirty-one (31) days after the date upon which the City Council of the City of Vernon finally approves the ordinance granting the Franchise (the “Effective Date”) to the date that is three (3) years from the Effective Date, Inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee’s gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 4B.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on _____________, and payments shall be due monthly thereafter on the 15th day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees 499 are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City’s Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee’s response to the City’s Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 4B.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $160.00 and the storage charge shall be $50.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee’s tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part of the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed ½ of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.10(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee: 500 Section 7. FRANCHISEE’S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee’s books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee’s place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards (“emission standards”), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee’s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee’s telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4” in height and not less than 5/6” stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver’s license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. 501 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE. Franchisee 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 Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii. Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee. iii. On-Hook Liability insurance with coverage limits of no less than $1,000,000 for damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee’s tow trucks. iv. Franchisee agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. v. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations 502 and Personal Injury 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 of the Franchisee's performance of this Agreement. (1) If Franchisee employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Franchisee may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Franchisee agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. vi. Franchisee shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Franchisee shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance 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 Agreement; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement. vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. ix. Prior to commencement of performance, Franchisee 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 503 require complete, certified copies of any or all policies at any time. x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Franchisee shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Franchisee by way of set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Franchisee, by way of set-off or recoupment from any sums due to Franchisee. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum 504 extent permitted by law, Franchisee’s right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee 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. 14.3 WAIVER. The City’s waiver of any term, condition, breach or default of this Agreement 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. 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY’S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, 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. 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, 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). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized 505 representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, 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 Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon this Agreement, the City’s Request for Proposals for Official Police Towing Services, and Franchisee’s Response to the City’s Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract 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, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee’s operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is 506 paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee 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 personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee 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. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 4B of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows: To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: U.S. Tow, Inc. Attention: Moshe Ben Dayan, President/CEO 2119 East 25th Street Los Angeles, CA 90058 Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail. 507 [Signatures Begin on Next Page]. 508 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City and California municipal corporation DATED: _________ By: ____________________________ Carlos Fandino, City Administrator U.S. Tow, Inc., a California corporation DATED: __________ By: Name: Title: ATTEST: __________________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: __________________________________ Brian Byun, Senior Deputy City Attorney 509 EXHIBIT A REQUEST FOR PROPOSALS 510 EXHIBIT B FRANCHISEE’S PROPOSAL 511 EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Franchisee certifies and represents that, during the performance of this Agreement, the Franchisee 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. Franchisee further certifies that it will not maintain any segregated facilities. B. Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Franchisee, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Franchisee agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Franchisee agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 512 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the agreement of violating employers. 513 ORDINANCE NO. 1259 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO U.S. TOW, INC., A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the “City”) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on September 15, 2015, the City Council of the City of Vernon adopted Ordinance Nos. 1231 and 1233 granting U.S. Tow, Inc. and H.P. Automotive & Tow, Inc. a franchise towing services agreement for a term of three years; and WHEREAS, on or about November 1, 2018, the Police Chief issued a Request for Proposals for the City’s Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to U.S. Tow, Inc.; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. / / / 514 - 2 - SECTION 2: GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to U.S. Tow, Inc., its lawful successors or assigns to provide official non-consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4: FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the 515 - 3 - aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, grantee has the ability to cure under Section 12. Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 6: DATA COLLECTION AND REPORTING. The Vernon Police Department shall maintain a record of grantee’s response times during the term of the franchise and shall submit a written report summarizing such data to the City Council of the City of Vernon at a regularly scheduled City Council meeting in the month of April each year during the term of the franchise. SECTION 76: WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 87: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the City of Vernon as such limits exist at the time of the granting of the 516 - 4 - franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance. SECTION 98: EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City’s right of eminent domain. SECTION 109: VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 110: NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its 517 - 5 - City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 121: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State. All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or governmental authority having jurisdiction in the premises. Where not in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 132: INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 143: ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee’s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. SECTION 154: PERFORMANCE BOND. (a) At the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with 518 - 6 - respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses. The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable. If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a “license or permit” within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 165: LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937. SECTION 167: REPEAL. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 178: SEVERABILITY. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word 519 - 7 - in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 189: BOOK OF ORDINANCES. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. SECTION 1920: EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this day of , 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: 520 - 8 - Brian W. Byun, Senior Deputy City Attorney 521 - 9 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1259 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 5, 2019, and thereafter adopted at a meeting of said City Council held on Tuesday, , by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ____ day of February, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 522 ORDINANCE NO. 1260 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO MR. C’S TOWING OF SOUTH GATE, INC., A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the “City”) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on September 15, 2015, the City Council of the City of Vernon adopted Ordinance Nos. 1231 and 1233 granting U.S. Tow, Inc. and H.P. Automotive & Tow, Inc. a franchise towing services agreement for a term of three years; and WHEREAS, on or about November 1, 2018, the Police Chief issued a Request for Proposals for the City’s Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to Mr. C’s Towing of South Gate, Inc.; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby 523 - 2 - finds and determines that the above recitals are true and correct. SECTION 2: GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to Mr. C’s Towing of South Gate, Inc., its lawful successors or assigns to provide official non-consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4: FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time 524 - 3 - for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, grantee has the ability to cure under Section 12. Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 6: DATA COLLECTION AND REPORTING. The Vernon Police Department shall maintain a record of grantee’s response times during the term of the franchise and shall submit a written report summarizing such data to the City Council of the City of Vernon at a regularly scheduled City Council meeting in the month of April each year during the term of the franchise. SECTION 7: WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 8: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the 525 - 4 - City of Vernon as such limits exist at the time of the granting of the franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance. SECTION 9: EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City’s right of eminent domain. SECTION 10: VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 11: NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not 526 - 5 - prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 12: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State. All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or governmental authority having jurisdiction in the premises. Where not in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 13: INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 14: ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee’s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. SECTION 15: PERFORMANCE BOND. (a) At the option of the City, grantee shall either 527 - 6 - (a) reduce or eliminate any deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses. The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable. If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a “license or permit” within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 16: LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937. SECTION 17: REPEAL. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 18: SEVERABILITY. If any chapter, article, section, 528 - 7 - subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 19: BOOK OF ORDINANCES. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 529 - 8 - SECTION 20: EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 19th day of February, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian W. Byun, Senior Deputy City Attorney 530 - 9 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1260 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 5, 2019, and thereafter adopted at a meeting of said City Council held on Tuesday, February 19, 2019, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ____ day of February, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 531 EXHIBIT A 532 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. _____ COVER PAGE Franchisee: Mr. C’s Towing of South Gate, Inc. Responsible Principal of Franchisee: Jerry Brown, General Manager Notice Information - Franchisee: Mr. C’s Towing of South Gate, Inc. 4421 Mason Street. South Gate, CA 90280 Attention: Jerry Brown, General Manager Phone: (323) 249-0575 Facsimile: (323) 249-4998 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Anthony Miranda Chief of Police Telephone: (323) 587-5171 ext. 115 Facsimile: (323) 826-1483 Commencement Date: No earlier than thirty-one (31) days after final approval by City Council of City of Vernon of ordinance granting franchise to U.S. Tow, Inc. Termination Date: Three (3) years from Commencement Date, inclusive Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to Section 15.3 533 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. _____ This Agreement is made and entered into by and between the City of Vernon (“City”), a California charter City and California municipal corporation, and Mr. C’s Towing of South Gate, Inc. (“Franchisee”), a California corporation with its principal place of business at 4421 Mason Street, South Gate, CA 90280 (collectively, the “Parties”) to provide towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal issued on or about November 1, 2018, Exhibit A, and Franchisee’s proposal to the City (“Proposal’) dated November 19, 2018, Exhibit B, both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (“Franchise”); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement (“Agreement”) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City’s Request for Proposal and to Franchisee’s proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Section 8.9 of the Charter of the City of Vernon, the provisions of Chapter 4B of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee’s application for the Franchise. Section 2. TERM OF FRANCHISE. 534 The term of this Franchise granted to Franchisee shall be for three (3) years, effective from thirty-one (31) days after the date upon which the City Council of the City of Vernon finally approves the ordinance granting the Franchise (the “Effective Date”) to the date that is three (3) years from the Effective Date, Inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee’s gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 4B.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on _____________, and payments shall be due monthly thereafter on the 15th day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees 535 are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City’s Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee’s response to the City’s Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 4B.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $160.00 and the storage charge shall be $50.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee’s tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part of the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed ½ of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.10(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee: 536 Section 7. FRANCHISEE’S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee’s books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee’s place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards (“emission standards”), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee’s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee’s telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4” in height and not less than 5/6” stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver’s license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. 537 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE. Franchisee 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 Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii. Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee. iii. On-Hook Liability insurance with coverage limits of no less than $1,000,000 for damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee’s tow trucks. iv. Franchisee agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. v. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations 538 and Personal Injury 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 of the Franchisee's performance of this Agreement. (1) If Franchisee employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Franchisee may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Franchisee agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. vi. Franchisee shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Franchisee shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance 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 Agreement; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement. vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. ix. Prior to commencement of performance, Franchisee 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 539 require complete, certified copies of any or all policies at any time. x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Franchisee shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Franchisee by way of set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Franchisee, by way of set-off or recoupment from any sums due to Franchisee. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum 540 extent permitted by law, Franchisee’s right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee 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. 14.3 WAIVER. The City’s waiver of any term, condition, breach or default of this Agreement 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. 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY’S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, 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. 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, 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). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized 541 representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, 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 Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon this Agreement, the City’s Request for Proposals for Official Police Towing Services, and Franchisee’s Response to the City’s Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract 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, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee’s operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is 542 paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee 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 personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee 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. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 4B of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows: To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: Mr. C’s Towing of South Gate, Inc. Attention: Jerry Brown, General Manager 4421 Mason Street South Gate, CA 90280 Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail. 543 [Signatures Begin on Next Page]. 544 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City and California municipal corporation DATED: _________ By: ____________________________ Carlos Fandino, City Administrator Mr. C’s Towing of South Gate, Inc., a California corporation DATED: __________ By: Name: Title: ATTEST: __________________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: __________________________________ Brian Byun, Senior Deputy City Attorney 545 EXHIBIT A REQUEST FOR PROPOSALS 546 EXHIBIT B FRANCHISEE’S PROPOSAL 547 EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Franchisee certifies and represents that, during the performance of this Agreement, the Franchisee 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. Franchisee further certifies that it will not maintain any segregated facilities. B. Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Franchisee, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Franchisee agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Franchisee agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 548 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the agreement of violating employers. 549 ORDINANCE NO. 1260 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO MR. C’S TOWING OF SOUTH GATE, INC., A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the “City”) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on September 15, 2015, the City Council of the City of Vernon adopted Ordinance Nos. 1231 and 1233 granting U.S. Tow, Inc. and H.P. Automotive & Tow, Inc. a franchise towing services agreement for a term of three years; and WHEREAS, on or about November 1, 2018, the Police Chief issued a Request for Proposals for the City’s Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to Mr. C’s Towing of South Gate, Inc.; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 550 - 2 - SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to Mr. C’s Towing of South Gate, Inc., its lawful successors or assigns to provide official non-consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4: FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The 551 - 3 - grantee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, grantee has the ability to cure under Section 12. Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 6: DATA COLLECTION AND REPORTING. The Vernon Police Department shall maintain a record of grantee’s response times during the term of the franchise and shall submit a written report summarizing such data to the City Council of the City of Vernon at a regularly scheduled City Council meeting in the month of April each year during the term of the franchise. SECTION 76: WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 87: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for 552 - 4 - providing official police towing services throughout the limits of the City of Vernon as such limits exist at the time of the granting of the franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance. SECTION 98: EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City’s right of eminent domain. SECTION 109: VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 110: NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance 553 - 5 - begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 121: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State. All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or governmental authority having jurisdiction in the premises. Where not in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 132: INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 143: ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee’s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. SECTION 154: PERFORMANCE BOND. 554 - 6 - (a) At the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses. The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable. If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a “license or permit” within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 165: LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937. SECTION 167: REPEAL. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. 555 - 7 - SECTION 178: SEVERABILITY. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 189: BOOK OF ORDINANCES. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. SECTION 1920: EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this day of , 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk 556 - 8 - APPROVED AS TO FORM: Brian W. Byun, Senior Deputy City Attorney 557 - 9 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1260 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 5, 2019, and thereafter adopted at a meeting of said City Council held on Tuesday, , by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ____ day of February, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 558