2019-05-07 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
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arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, May 07, 2019, 07:30 AM
***PLEASE NOTE THE EARLY START
TIME***
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
Melissa Ybarra, Mayor
Leticia Lopez, Mayor Pro-Tem
Yvette Woodruff-Perez, Council Member
William Davis, Council Member
Carol Menke, 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.
CITY COUNCIL TRAINING SESSION
1.City Attorney
Governance Training Workshop
Presented by: Jeff Ballinger, Best Best & Krieger
PRESENTATION
Regular City Council Meeting Agenda
May 07, 2019
Page 2
2.City Administration
A Proclamation Declaring the Month of April 2019 as "DMV/Donate Life California
Month" in the City of Vernon
Recommendation:
A. Present a proclamation declaring the month of April 2019 as "DMV/Donate Life California
Month" in the City of Vernon.
1. Proclamation - Donate Life
3.Police Department
Award Presentation for California Highway Patrol (CHP) "10851" Grand Theft Auto
Recovery
Presented by: Vernon Police Department in conjunction with a CHP Representative
Recommendation:
No action required by the City Council. This is a presentation only.
4.Police Department
Swear-In Ceremony
Recommendation:
No action required by City Council. This is a presentation only.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the
Consent Calendar by any member of the Council. Those items removed will be considered immediately after the
Consent Calendar.
5.City Attorney
Approval of an Attorney Services Agreement (Litigation & Advisory) between the City of
Vernon and Rutan & Tucker LLP, to provide specialized outside legal services.
Recommendation:
A. Find that approval of the proposed Attorney Services Agreement (Litigation) with Rutan &
Tucker is exempt from California Environmental Quality Act (“CEQA”) review, because it is a
continuing administrative and fiscal activity that will not result in direct or indirect physical changes in
the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines
section 15378; and
B. Approve an Attorney Services Agreement (Litigation & Advisory) between the City of Vernon
and Rutan & Tucker, in substantially the same form as submitted herewith, for an amount not to
Regular City Council Meeting Agenda
May 07, 2019
Page 3
exceed $200,000.00; and
C. Authorize the City Administrator to execute the Attorney Services Agreement (Litigation &
Advisory) between the City of Vernon and Rutan & Tucker for a three year term with an effective
date of April 10, 2019.
1. Rutan Tucker - Attorney Services (Litigation and Advisory) Agreement 2019-2022.pdf
6.City Clerk
Minutes of the Regular City Council Meeting Held on April 16, 2019
Recommendation:
A. Receive and File
1. 2019-04-16 City Council Minutes
7.Finance/ Treasury
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. 6 to record voided Check No. 600723 in the amount
of $500.00 issued 08/23/18 to HSA Bank.
2) Operating Account Warrant Register No. 18 to record voided Wire No. 8044 in the amount of
$23,779.50 issued 02/28/19 to Epic Land Solutions, Inc.
3) Operating Account Warrant Register No. 20 to record voided Check No. 602572 in the
amount of $3,664.00 issued 03/28/19 to Reporting Systems, Inc.
8.Finance/ Treasury
Approval of Federal Funds for Street Improvements Account Warrant Register No. 27
Covering the Period of March 26 through April 29, 2019
Recommendation:
A. Approve Federal Funds for Street Improvements Account Warrant Register No. 27 which
totals $1,835.10 and consists of the following:
1) Ratification of electronic payments totaling $1,835.10.
1. Federal Funds for Street Improvements Warrant Register No. 27
9.Finance/ Treasury
Approval of Operating Account Warrant Register No. 21 Covering the Period of April 09
through April 29, 2019
Regular City Council Meeting Agenda
May 07, 2019
Page 4
Recommendation:
A. Approve Operating Account Warrant Register No. 21 which totals $8,439,597.49 and consists
of the following:
1) Ratification of electronic payments totaling $7,894,498.85.
2) Ratification of the issuance of early checks totaling $482,673.74.
3) Authorization to issue pending checks totaling $62,424.90.
1. Operating Account Warrant Register No. 21
10.Finance/ Treasury
Approval of RDA Obligation Retirement Account Warrant Register No. 51 Covering the
Period of March 26 through April 29, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 51 which totals $1005.00
and consists of the following:
1) Ratification of electronic payments totaling $1005.00.
1. RDA Obligation Retirement Fund Account Warrant Register No. 51
11.Fire Department
Fire Department Activity Report for the Period of April 1 through April 15, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report - 04/01/19 to 04/15/19
12.Health and Environmental Control Department
Approval of Service Agreement with Arion Global, Inc., for Management of the City's
2019 Electronic Waste (E-Waste) Recycling Event
Recommendation:
A. Find that because the proposed one day waste collection event at the fire station is an action
taken to protect the environment and constitutes normal operations of the fire station, the activity and
proposed agreement is categorically exempt from the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323
(normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
B. Approve a Service Agreement with Arion Global, Inc., in substantially the same form as
submitted herewith, for E-waste pick-up and disposal services in connection with the City's 2019
Electronic Waste (E-Waste) Recycling Event; and
Regular City Council Meeting Agenda
May 07, 2019
Page 5
C. Authorize the City Administrator to execute the Services Agreement with Arion Global, Inc., for
management of the recycling event scheduled for Wednesday, May 15, 2019.
1. Service Agreement
2. 2019 Recycling Event Flyer
13.Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of April 1
through April 15, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 04/01/19 to 04/15/19
14.Public Works
Public Works Department March 2019 Monthly Building Report
Recommendation:
A. Receive and File.
1. Public Works Department March 2019 Building Report
NEW BUSINESS
15.Human Resources
A Resolution Appointing Tilahun (Abraham) Y. Alemu To Serve As The Interim General
Manager of Public Utilities
Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California
Environmental Quality Act (CEAQ) review, because it is a general administrative activity that will not
result in direct or indirect physical changes in the environment and therefore does not constitute a
"project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution appointing Tilahun (Abraham) Y. Alemu to serve as the Interim
General Manager of Public Utilities effective May 7, 2019.
1. Resolution - Appointment of Interim GM of Public Utilities
16.Public Utilities
Change Order No. 1 to the Construction Contract CS-0636 between the City of Vernon and
General Pump Company, Inc.
Recommendation:
A. Find that approval of this action does not constitute a “project” pursuant to section 15378(b)(2)
of the Guidelines to the California Environmental Quality Act (“CEQA”), because such action
Regular City Council Meeting Agenda
May 07, 2019
Page 6
constitutes an administrative activity; and even if the adoption of the proposed item did constitute a
project, it would be exempt in accordance with CEQA Guidelines section 15061(b)(3), the general
rule that CEQA only applies to projects that may have an effect on the environment; and
B. Approve Change Order No. 1 to the Construction Contract with General Pump Company, in
substantially the same form as submitted herewith, to extend the term of the Agreement from January
19, 2019 to July 19, 2019; and
C. Authorize the City Administrator to execute Change Order No. 1 for additional work related to
the On-Call Services for the Removal, Repair and Reinstallation of Well and Booster Pump
Equipment and Rehabilitation of Production Wells for Vernon Public Utilities.
1. Change Order No. 1 with General Pump Company, Inc.
17.Public Works
A Resolution Approving and Accepting the Grant Deed for the Property Located at 4224
District Boulevard
Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act
(“CEQA”) in accordance with CEQA Guidelines Section 15301(c) because if any construction
occurs as a result of accepting and executing the Grant Deed, the work would merely involve
negligible expansion of an existing street; and
B. Adopt the proposed resolution approving and accepting the Grant Deed for approximately
2,191 square feet of land located at 4224 District Boulevard and authorizing the Mayor to execute
the Certificate of Acceptance.
1. Resolution Approving & Accepting Deed at 4224 District
2. Certificate of Acceptance
18.Public Works
A Resolution Authorizing the Use of the Design-Build Capital Project Delivery Method for
the Los Angeles River Closure Devices Project
Recommendation:
A. Find that approval of the Resolution is exempt from California Environmental Quality Act
(“CEQA”) review, because approving the method by which a contractor will be selected is an
administrative activity that will not result in direct or indirect physical changes in the environment and
therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and
B. Adopt a Resolution Authorizing the Use of the Design-Build Project Delivery Method for the
Los Angeles River Closure Devices Project.
1. Resolution - Authorizing Use of Design-Build Method
ORAL REPORTS
Regular City Council Meeting Agenda
May 07, 2019
Page 7
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
19.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 Professional Firefighters Association,
Vernon Fire Management Association,
Vernon Police Management Association, and
Vernon Police Officers’ Benefit Association
20.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Bicent (California) Malburg LLC et al. vs. City of Vernon et al.,
U.S. Dist. Ct. C.D. Cal., Case No. 2:19-cv-02178, removed from Cal. Sup. Ct., Case No.
19STCV08859
21.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2) and (4)
Number of potential cases: 1
The City is currently in a dispute with Bicent (California) Malburg, LLC (“Bicent”), the
owner and operator of the Malburg Generating Station (“MGS”), which has resulted in
Bicent initiating suit against the City (see “Existing Litigation” closed session item). Prior
to the initiation of the suit, the City issued multiple Notices of Default under that certain
Regular City Council Meeting Agenda
May 07, 2019
Page 8
Power Purchase Tolling Agreement, dated as of April 10, 2008 (as amended, the “PPTA”).
The City’s claims relate to, among other things, Bicent’s failure to timely repair
equipment, failure to timely produce documents requested under the PPTA,
misrepresentation of available capacity, and improper overbilling (by over $ 6 million). The
City’s claims also include various statutory claims arising out of the improper billing by
Bicent of Vernon. Based on these claims, the City provided notice to Bicent that it disputed
certain invoices and would exercise its payment withholding rights under certain dispute
resolution provisions in the PPTA. Subsequently, on April 22, 2019, Bicent issued a Notice
of Event of Default for failure to pay.
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 2nd day of May, 2019.
By: ________________________________
Maria E. Ayala
City Clerk
City Council Agenda Item Report
Agenda Item No. COV-202-2019
Submitted by: Eva Muro
Submitting Department: City Attorney
Meeting Date: May 7, 2019
SUBJECT
Governance Training Workshop
Presented by: Jeff Ballinger, Best Best & Krieger
Recommendation:
Background:
Fiscal Impact:
ATTACHMENTS
City Council Agenda Item Report
Agenda Item No. COV-204-2019
Submitted by: Lilia Hernandez
Submitting Department: City Administration
Meeting Date: May 7, 2019
SUBJECT
A Proclamation Declaring the Month of April 2019 as "DMV/Donate Life California Month" in the City of Vernon
Recommendation:
A. Present a proclamation declaring the month of April 2019 as "DMV/Donate Life California Month" in the City of
Vernon.
Background:
Donate Life California is the state-authorized nonprofit organization responsible for managing the organ, eye and tissue
registry. Their mission is to “save lives by inspiring people to sign up with the state organ, eye and tissue donor registry.”
Donate Life California represents the four federally designated organ recovery organizations (OPOs) in the state of
California and is charged with educating the community about the need and importance for people to register their
donation wishes.
Through public awareness and education campaigns, Donate Life California informs the public of the need for organ
donation and the options available to people who may consider such action. Currently, more than 113,000 individuals
nationwide and more than 21,000 in California are on the national organ transplant waiting list, and on average, 22
people die each day while waiting due to the shortage of donated organs. The need for organ donations among
Hispanic and African American communities is especially urgent.
Millions of lives each year are saved and healed by donors of organs, tissues, marrow and blood. A single individual's
donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can
save and heal the lives of up to 50 others; and a single blood donation can help three people in need.
Over fifteen million Californians have signed up with the state-authorized Donate Life California Donor Registry to
ensure their wishes to be organ, eye and tissue donors are honored. California residents can sign up with the Donate
Life California Donor Registry when applying for or renewing their driver's licenses or ID cards at the California
Department of Motor Vehicles or by signing up at www.donateLlFEcalifornia.org or www.doneVIDAcalifornia.org.
Due to timing of the request, the City was unable to issue the proclamation at a regular City Council Meeting in April.
However, as requested by the One Legacy organization, the proclamation was provided to be displayed on the
Proclamation Wall at the Donate Life Run/Walk event held in April. A Donate Life Ambassador will be present at the
May 7th Council Meeting to accept the proclamation on behalf of Donate Life California.
Fiscal Impact:
None. There is no cost associated with this item.
ATTACHMENTS
1. Proclamation - Donate Life
A PROCl.A.MATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
VERNONDECI~ARING THE MONTH OFAI'RIL 2019 AS
~~DMV/DONATE LIFE CALIFORNIA MONTH"
IVHEAEAS, organ, tissue, marrow and blood donation are lifegiving actr reco~ni~ed aa~orldaa~ide ar eac~rerrion.r of companion to those in
need; and
WfHEKF.AS, more than 7 73,000 individuals nationwide and more than 27,000 in California are currently on the national organ
transplant aa~aiting list, and on average, 22 people die each day while waiting due to the shortage of donated or~an.r; and
WfHE~AS, the need for donated organs is erpecxally urgent in Hispanic and African American communities; and
WIHEKEAS, more than 600,000 units of blood peryear are needed to meet the need in California; and
WIHEKEAS, at any~iven time, 6,000 patients are in need of volunteer marrow donors; and
.WjHEAEAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can .rave up to eight lives;
donation of tissue can save and heal the liver of more than 75 others; and a single blood donation can he p three people in need; and
W~HEKEAS, millions of lives each year are saved and healed by donors of organs, tissues, marrow and blood; and
WfHEKF.AS, the spirit ofgivin~ and decxrion to donate are not restricted by age or medical condition; and
W~HEI~EAS, over fifteen million Californians have .signed up with the state-authorised Donate Life California Donor Kepi rtry to ensure
their ~virher to be organ, eye and tissue donors are honored; and
WIHEKF.AS, California residents can .ri~n up with the Donate Life California Donor Kegi rtry when applying for or renewing their driver ~~
license r or ID cards at the California Department of Motor Vehicles; and
WfHEKF~AS, the City of Vernon wisher to invite all reridentr and businesses within the City of Vernon.to participate in DMV/Donate
Life California Month and in doing so encourage all Californians to check "YES!" when applying for or renewing their driver's license or ID card, or
by .ri~ning up at ~v~v~v. donateLlFEcalifornia. org or ~vaa~w. doneVlD~lcalifornia. org.
NOWT, THEI~EFOKE, THE MAYOK AND THE CITY COUNCIL OF THE CITY O.F VEKNON, OAT BEHALF OF
ITS EMPLOYEES, I~ESIDENTS AND B USINESSES HEKEBY DECLAI~ES THE MONTH OFAPKIL 2079 AS
DMV/DONATE LIFE C19I~IFOKNIA MONTH. THIS PKOC~AMATION IS BEING PKESENTED TO DONATE LIFE
CALIFOKNIA BY THE HONO~~ABLE MAYOl~ MELISSA YBA~A FOIE AND ON BEHALF OF THE CITY
COUNCIL OF THE CIT Y OF VEKNON THIS 2Tf'~ ~ DAY OF APKIL T'[~O THO USA~TD AND NINETEEN
CITY OF VEAIVON
••• •
City Council Agenda Item Report
Agenda Item No. COV-81-2019
Submitted by: Robert Sousa
Submitting Department: Police Department
Meeting Date: May 7, 2019
SUBJECT
Award Presentation for California Highway Patrol (CHP) "10851" Grand Theft Auto Recovery
Presented by: Vernon Police Department in conjunction with a CHP Representative
Recommendation:
No action required by the City Council. This is a presentation only.
Background:
The “10851” Grand Theft Auto Award is named after the California Vehicle Code section pertaining to motor vehicle
theft. This award is sponsored in collaboration between the CHP and AAA Insurance, and recognizes police officers
throughout California who have been proactive in recovering stolen vehicles and apprehending criminals involved in auto
theft.
The “10851” pin is awarded to uniform officers who during a 12-month period achieve any of the following criteria:
1.Made six separate auto theft recoveries cleared by arrests.
2.Recover twelve (12) stolen vehicles, of which a minimum of three (3) must be cleared by arrests.
This period, Officers Oscar Zozaya and Carlos Ourique have achieved this benchmark. Both Officers are very
proactive in auto theft investigations, and have done a great job combating auto theft crimes in our community. Given
the very specific requirements for such an award, very few officers ever achieve this type of recognition.
Fiscal Impact:
There is no fiscal impact.
ATTACHMENTS
City Council Agenda Item Report
Agenda Item No. COV-174-2019
Submitted by: Robert Sousa
Submitting Department: Police Department
Meeting Date: May 7, 2019
SUBJECT
Swear-In Ceremony
Recommendation:
No action required by City Council. This is a presentation only.
Background:
Due to retirements of police sworn personnel, there are a few Police Officer vacancies in the Patrol Division. Leaving
these positions vacant would have a significant impact on the necessary patrol deployment levels and would also
increase overtime costs to cover staff shortages.
To fill current vacancies, the Police Department conducted a recruitment process. Based on a review of the
qualifications of each eligible candidate and an extensive background investigation, it was determined that Bryan
Redona, a graduate of the Rio Hondo Police Academy Class #207, and Marcus Fino a graduate of the 206th Riverside
County Sheriff's Academy, are the best qualified candidates for the position of Police Officer.
Fiscal Impact:
There is no fiscal impact to the City general budget as these positions are included in the 2018-2019 police budget.
ATTACHMENTS
City Council Agenda Item Report
Agenda Item No. COV-200-2019
Submitted by: Eva Muro
Submitting Department: City Attorney
Meeting Date: May 7, 2019
SUBJECT
Approval of an Attorney Services Agreement (Litigation & Advisory) between the City of Vernon and Rutan & Tucker
LLP, to provide specialized outside legal services.
Recommendation:
A. Find that approval of the proposed Attorney Services Agreement (Litigation) with Rutan & Tucker is exempt from
California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative and fiscal activity that
will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as
defined by CEQA Guidelines section 15378; and
B. Approve an Attorney Services Agreement (Litigation & Advisory) between the City of Vernon and Rutan &
Tucker, in substantially the same form as submitted herewith, for an amount not to exceed $200,000.00; and
C. Authorize the City Administrator to execute the Attorney Services Agreement (Litigation & Advisory) between the
City of Vernon and Rutan & Tucker for a three year term with an effective date of April 10, 2019.
Background:
The City Attorney’s Office functions as the legal advisory and legal counsel of record for the City Council, City boards
and commissions, City staff, and represents the City in litigation, whether directly or with special counsel. The City
Attorney’s Office is currently staffed with three attorneys, and has greatly reduced the City’s reliance on outside
counsel, bringing the vast majority of the City’s legal services in-house and greatly reducing expenditures on outside
attorneys. There are still occasions when special counsel is needed, such as legal matters requiring specialized expertise
or litigation requiring additional staffing and support.
Accordingly, the City Attorney’s Office engages special counsel to assist from time to time and as-needed for specific
matters (i.e., not via a monthly retainer). The advice or representation provided by special counsel is for an “on call”
basis, and could be in the form of a request for expert analysis on a specific problem, or to represent the City in a
lawsuit.
Pursuant to the City’s good governance reform contract terms and procedures, all professional services contracts must
be subject to a new competitive selection process every three years, unless commercially unreasonable to do so. The
prior competitive selection process for legal services was done in 2016, and therefore needed to be rebid.
Selection Process:
On or about February 13, 2019, the City Attorney’s office issued a Request for Proposals for Specialized Outside
Legal Services. The Request was posted on the City’s website and advertised in the Daily Journal (a print and online
legal trade publication). Responses to the Request for Proposals were due on or before
March 18, 2019.
In total, the City Attorney’s office received proposals from 16 firms throughout the state, many of whom were
well-qualified in the subject practice areas. The proposals were subject to a review process by the City Attorney’s
office and two other City department heads (hereinafter the “selection panel”), and individual scores were applied using
the weighted evaluation criteria set forth in the Request for Proposals. Individual scores were assigned by members of
the selection panel, and the top rated firms in various practice areas were identified for further consideration.
After the selection panel’s scores were averaged, the following were ranked as the top three full-service firms:
1.Rutan & Tucker LLP
2.Burke Williams & Sorensen LLP
3.Best Best & Krieger LLP
Rutan & Tucker LLP (Rutan) received the top overall score, and selected after this comprehensive competitive
selection process in accordance with City procedures and good governance contracting principles.
After several years of using Rutan’s services on key litigation and advisory matters under the current agreement, the City
Attorney’s Office remains highly satisfied with the firm’s representation and aggressive, efficient advocacy style. In
addition to their legal expertise, the attorneys assigned to assist on City matters have also gained valuable institutional
knowledge of City issues and precedent.
Accordingly, staff is requesting authority to enter into an Attorney Services Agreement with Rutan for a three-year term,
with total consideration not to exceed $200,000.
Rutan’s proposed hourly billing rates for advisory/transactional services are $350 (partners) and $275 (associates), and
for litigation-related services are $370 (partners) and $295 (associates). In accordance with the City’s good
governance contract terms and procedures, these rates are similar to or more favorable than the rates charged to other
governmental entities.
Fiscal Impact:
The maximum fiscal impact to the City under the proposed contract term is $200,000.00, which takes into account the
continued litigation of ongoing legal matters. This amount has been included in the budget for the City Attorney’s Office
for fiscal years 2018-2019 and 2019-2020.
ATTACHMENTS
1. Rutan Tucker - Attorney Services (Litigation and Advisory) Agreement 2019-2022.pdf
ATTORNEY SERVTCES AGREEMENT (LTTTGATTON & ADVTSORY) BETWEEN THE
CITY OF VERNON AND RUTAN & TUCKER, LLP FOR SPECIALIZED OUTSIDE
LEGAL SERVICES
COVER PAGE
Associate Counsel:
Responsible Principal of Associate Counsel:
Notice lnlormation - Associate Counsel
Notice lnformation - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
Rutan & Tucker, LLP
Aiit Singh Thind, Partner
Edson McClellan, Partner
Rutan & Tucker, LLP
61 1 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: Edson McClellan, Partner
Phone: (714) 641-5100
Facsimile: (714) 546-9035
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Hema Patel, City Attorney
Telephone: (323) 583-881 1 ext. 292
Facsim ile : (323) 826- 1 452
April 10,2019
Aptil9,2022
Total not to exceed $200,000.00 (includes
all applicable sales tax); and more
particularly described in Exhibit B
Three (3) years, pursuant to Section 12.2
ATTORNEY SERVTCES AGREEMENT (LtTtGAT|ON & ADV|SORy) BETWEEN THE
CITY OF VERNON AND RUTAN & TUCKEB, LLP FOR SPECIALIZED OUTSIDE
LEGAL SERVICES
This Agreement is entered into by and benveen the City ol Vernon, a California charter
City and California municipal corporation ("City") and Rutan & Tucker, LLP, a limited liability
partnership ("Associate Counsel"). City and Associate Counsel are collectively referred to
herein as the "Parties."
RECITALS
WHEREAS, the City, acting through its City Attorney, desires to engage
Associate Counsel, in association with the City Attorney, to assist the City Attorney in various
cases in pre-liligation and litigation, and to provide advice and assislance in other legal matters
from time to time; and
WHEREAS, the City Attorney of the City ol Vernon, herein referred to as "City
Anorney," is the chief legal advisor and litigator tor the City and is charged with the responsibility
of protecting the interests of the City, its Council, officers, employees and agents in any litigation
initiated by or against the City, its Council, officers, employees and agents as provided for by
California law and the Charter and ordinances of the City.
WITNESSETH:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.0 Scooe of Services.
Associate Counsel hereby is associated as Counsel of Record in association with
the City Attorney to pertorm such legal services as may be required from time to time in
connection with assigned litigation and other matters as specified in the Request for Proposals
issued on or about February 1 3, 201 9, a copy which is attached hereto as Exhibit "A'. Edson
McClellan and Ajit Thind, principal members of the firm ol Associate Counsel, shall be
responsible for the performance of services hereunder, shall personally handle all significant
matters, and shall supervise any services performed by other members of Associate Counsel's
firm and by its employees. Edson McOlellan shall be the responsible attorney for assigned
litigation matters, and Alit Thind shall be the responsible attorney for advisory/transactional
matters. lt is understood lhat the City Attorney is chief counsel of record for all purposes
relating to litigation, and Associate Counsel's perlormance hereunder shall be under the
direction and supervision of the City Attorney, that Associate Counsel shall coordinate its
services hereunder with the City Aftorney to the extent required by said City Attorney, and that
all performances required hereunder by Associate Counsel shall be performed to the
satisfaction of said City Attorney.
Associate Counsel shall report to and receive direction rrom the City Attorney
only, and not from any other Department Head or City statf.
2.0 Time of Performance.
The services of Associate Counsel are lo commence as of the signing hereof
(the "Effective Oate") and the written assignment of particular matters, provided, the
effectiveness of this Agreement is subiect to approval by the City Council and shall be
undertaken and completed in such sequence as to assure their completion as expeditiously as
is consistent with professional skill and care. This Agreement shall automatically terminate
three (3) years from the Effective Date, subject and pursuant to the terms of this Agreement.
3.0 Litiqation Budaetinq.
Associate Counsel handling City matters will be expected to institute and to
adhere to litigation budgeting and planning procedures in the sole discretion of the City
Attorney. The general framework of the litigation budgeting and planning procedures is as
follows:
3.1 Case Budoet:
3. 1 .1 Associate Counsel shall, if requested by the City Attorney,
provide a Litigation Plan and a Case Budget, or revisions
thereof , which will include a proiection of recommended
sleps to be taken in the litigation and a range of costs lor
each step. The Plan and Budget will be reviewed and
updated as necessary, at least every twelve months, or as
more frequently requested by the City Attorney.
3.1 .2 The Case Budget shall include an eslimate ol Associate
Counsel's attorneys' hours, fees and disbursements during
each phase and activity, including: 1) pre-commencement
(legal and factual research lor the complaint or answer); 2)
pleadings; 3) motions (including research); 4) initial
discovery; 5) lactual investigation ol merits (interviewing
clients, employees and third parties); 6) review and
analyze City's documents; 7) expert (non-medical)
investigation and reports; 8) medical experts and
examinations; 9) legal research on merits; 10) more
thorough discovery (including the identity of deponents and
expected costs of each deposition and preparation); 11)
post-discovery pre{rial dispositive molions; 12) settlement
evaluation and negotiations; 13) trial preparation; and l4)
trial. All anticipated expenses must be lisled and costs
estimated.
3.1.3 The Case Budget should include the anticipated cost of
each line item, the time estimated to complete it and the
identity (name, title, billing rate) ol the primary attorney
handling it.
3.1.4 Each line item should be given a code number that can be
used in the billing process and in preparation of updated
progress reports.
3.1.5 The Case Budget is not a fixed fee agreement and is
subiect to revision. However, Associate Counsel
understands and agrees that failure to timely submit a
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Case Budget or maior uniustilied deviations therefrom may
constituie a breach and result in termination of this
Agreement with Associate Counsel.
3.2 Litioation Plan.
3.2.1 ln addition to the Case Budgel, Associate Counsel shall
prepare a Litigation Plan, on forms as may be required by the City, at least every twelve months
or as more trequently requested. The Litigation Plan will starl as an initial evaluation (before
substantial costs are incurred) and shall include, with a discussion (where applicable): a)
anticipated total costs; b) the primary issues and likely resolution; c) the probability of success -
either on the merits or on procedural grounds; d) a strategy for defense/offense/resolution,
including a settlemenUtrial recommendation based on a cost-benefit analysis; e) damages
claimed; f) evidence (i.e., witness, documentary or demonstralive) relevant to liability or
damages; g) recent developmenls such as law and motion rulings, judicial opinions in other
cases, and legislative/executive action; h) deposition summaries, if appropriate and cost
effective; and i) settlement demands. The Litigation Plan will be modified during the litigation as
the need arises. The City Anorney shall be consulted by Associate Counsel regarding the
component parts of projects/cases handled so that the City Attorney can determine, or secure a
determination lrom the City Council, as appropriate, tactics, strategy and whether a particular
activity makes sense lrom an economic standpoint or can be done more economically in
another fashion.
3.2.2 The City Attorney is to be consulted regarding staffing of
litigation and is to be advised ol any significant shitt in statfing.
3.2.3 The City Attorney is to be provided with copies ol any
billing manuals or directions for billing practices in use by Associate Counsel within thirty (30)
days of signing this Agreement.
3.2.4 lt is the policy ot the City of Vernon to avoid a "deep
pockets" reputation by taking a "hard-nosed" approach to settlements, and by not giving
nuisance settlements. Settlement will generally be considered only where there is some liability
exposure. lf there is no liability exposure, trial is generally the only option.
4.O Comoensation. Reimbursement and Methods of Pavments.
4.1 Compensation.
Associate Counsel has established rales for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same services. Fees tor all services provided hereunder by
all billers shall be charged in accordance with Exhibit "B", which is attached hereto and fully
incorporated herein by reference. The grand total compensation under this Agreement shall not
exceed the amount of $200,000.00, without prior approval ot the City Council and written
amendment o{ this Agreement.
4.2 Reimbursement.
ln addition to the compensation provided above, the City will reimburse
Associate Counsel only tor the following expenses: printing, copying costs (not to exceed 10
cents a page), transcription fees, reporte/s fees and ground transportation (in the amount set
Iorth by the lnternal Revenue Service standard mileage rate). Any other expense (e.9., travel
expenses or travel time beyond Southern Calilornia) must be approved by the City Attorney in
writing and in advance. No compensation shall be allowed for general overhead or support
services such as typing, word processing, scanning hard-copy documents to .pdf format,
secretarial time of any nature (normal, overflow or overtime), clerical work, Lexis or Westlaw,
equipment rental, calendaring, setting up files, updating files, computer time or service, nor any
other expense not itemized in the approved Case Budget or otherwise approved by the City
Attorney. There shall be no mark-ups on outside services.
4.3 The City Attorney must approve in advance any single
disbursement item in excess of $500.00, including, but not limited to, investigators, copying and
experts. Requests for costs exceeding $500.00 shall contain a recommendalion of alternative
information services, including use ol City employees. Associate Counsel will use City Statf in
lieu of outside experts whenever {easible.
4.4 The City expects moderation with regard to all expenses.
4.5 Method of Billinq.
Unless otherwise agreed, Associate Counsel shall provide monthly bills
unless lees and costs for a particular month are insignificant (1e., $500 or less), in which case
such charges will be added to the following month's bill. The tollowing information must be
provided in monthly bills:
A. A detailed description of work, in time increments of .1 hour (one tenth ol an
hour) for and by each and every individual billing services. Associate
Counsel shall keep the City advised regarding the identity and the billing
rales ol those people who work on the litigation account.
B. ldentification of the lawyer who is in charge of the matter.
C. Detailed disbursement breakdowns, including the nature and purpose of each
disbursement.
D. Each billing item will be separately stated on a separate line identirying the
biller, the time spent and the exact nature of the service rendered. Narrative
billing and block billing are unacceptable. For example, if numerous lasks
are undertaken in one day, each should be identif ied with a specif ied time for
performing that task, i.e. a telephone call, a court appearance, a meeting or
legal research. All tasks performed on lhe same day should be entered as
separate entries, identifying the time spent on each. Telephone conlerences
should specify the participants and the subject mafter discussed. The City
will not pay for vague descriptions for services which do not state the precise
nature o, the work performed and the need for the work. Words such as
"research", "strategy", "analysis", "discovery", "conference", "preparation",
"case management", "memorandum", "correspondence", "telephone call" or
"meeting," without an explanation of (1) the specilic topic or subject matter,
(2) the persons involved, and (3) the need therefor, do not allow for
accountability and are theretore non-reimbursable.
E.
F.
\r.
H.
The City will not pay for inter-otf ice conterences among attorneyybillers
unless a conlerence is a necessary strategy meeting relating to some
significant legal issue or event, such as an upcoming trial, and then only one
attorney may be billed. Where charges are made for conferences, the
specific reason and need for each conference must be slated in detail, and
the participants identif ied.
Where charges are made for research time, the specific issue being
researched and the need must be identif ied. City has retained Associate
Counsel for its expertise, and lherefore expects not to be billed for
introductory or background research. The City will not pay for attorneys, law
clerks and paralegals educating themselves or doing work of a transient
nature on the case.
The City expects the attorney assigned to the case to handle all significant
mailers in the litigation. lf other attorneys are assigned to assist the primary
attorney, the City must be notified. The City may request that the assigned
work be instead handled by the primary attorney. Thus, only those attorneys
or persons approved in advance by the City may bill on the case. Upon City
request, resumes will be provided tor all persons (other than clerical or
secretarial) working on the case.
No more than two non-atlorney support staff may bill on a particular case
without the prior approval o{ the City.
One paralegal may be used. Assignment of work lo such paralegal should
not result in duplicative work by the attorneys or reworking of paralegal's
work. Paralegal shall not perform clerical work, such as filing, indexing, date-
stamping, organizing, etc., but shall perform work such as research,
summarizing depositions, investigation, interviews of witnesses, etc.
Upon request, each item billed must be coded to a specific Case Budget line
ilem, so a bill may be easily compared with the approved Case Budget.
A tracking system must be set up to periodically, at least every six months,
compare the amount of work completed to a percentage of the Case Budget
absorbed.
The City Attorney reserves the right to request various levels of detail and
specific formats (such as columnar comparisons with established budgets).
The City will not pay for more than one biller doing any task (e.9. two or more
attorneys attending the same depositions or the same court appearances, a
biller redoing the work of another biller, or duplicative entries for reviewing
and analyzing documentation and legal research).
Gharges for lime spent complying with billing inquiries ancyor City audits are
non-reimbursable.
Photocopies of deposition transcripts shall be made whenever possible to
reduce deposition expenses.
L
J.
K.
M.
N.
o.
P. No tinance charge or interest will be paid by the City, nor billed by Associate
Counsel.
4.6 Timino of Pavment.
The City shall pay Associate Counsel for services rendered and
costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly
basis.
5.0 Enoaoement of Other Counsel. Specialists or Experts.
Associate Counsel shall not engage or otherwise incur an obligation to
pay other counsel, specialists or experts lor services in connection with this Agreement without
the prior written approval of the City Aftorney.
6.0 Termination of Aqreement and Leoal Services.
Subject to the applicable provisions ol the Rules of Professional Conduct
ol the State Bar ol California, this Agreement and all legal services to be rendered hereunder
may be terminated at any time by written notice from either party with or without cause. ln such
event, all linished or unfinished documents, pro.iect data and reports, both originals and all
duplicate copies, in all forms and media requested by the City, shall immediately be turned over
to the possession of City, which owns all such materials. ln the event ol such termination,
Associate Counsel shall be paid tor all satislactory work, unless such termination is made for
cause, in which event compensation, if any, shall be adjusted, in the City's sole discretion, in
light of the particular facts and circumstances involved in such termination.
7.O lnterest of Members of Local Public Aoencv.
No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any discretion, function or responsibility in
connection with the carrying out of any proiect to which this Agreement pertains, shall have any
personal interest, direct or indirect, in this Agreement.
8.0 GeneralProcedures.
8.1 Copies of major pleadings, reports on significant developments
and quarterly status reports shall be submitted to keep the City Attorney advised ol any major
developments in the lawsuit. Once the Litigation Plan is approved, Associate Counsel need not
advise the City of each and every step being taken. As long as Associate Counsel is complying
with the Litigation Plan, it should provide periodic reviews and information on significant matters.
The City does not, however, want boilerplate routine letters announcing each and every
procedural step being taken.
9.0 Policv for lnvestioation and Discoverv Assistance.
A copy of the City Attorney's Policy for lnvestigation and Discovery
Assistance is attached hereto as Exhibit "C" which is attached hereto and fully incorporated
herein by reference.
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'10.0 Conf lict of lnterest.
Associate Counsel certifies that no member, officer or employee of
Associate Counsel is an off icer or employee of the City of Vernon except to the extent permitted
by law.
Associate Counsel agrees to secure the informed written consent of the
City Attorney before accepting any representation adverse to the City (actual or apparent)
during the term of this Agreement, and to forego such representation if the City Attorney, in
his/her sole discretion, obiects for any reason.
1 1 .0 Maintenance and lnspection of Records.
11.1 The City and any other Federal, State or local governmental
agency, and any of their authorized auditors or representatives, shall have access to, and the
right to audit and reproduce any of Associate Counsel's records to the extent the City or such
other governmental agency deems necessary lo ensure that City is paying only the amounts to
which Associate Counsel is properly entitled or tor other purposes relating to the Agreement.
11.2 Associate Counsel shall maintain and preserve all such records
for al least three (3) years afler termination of the Agreement or until an audit has been
completed and accepted in writing by City. Upon written notice by the City, the Associate
Counsel shall promptly make all such records available to auditors or other representatives of
the City or other governmental agencies.
1 1 .3 ll Associate Counsel does not maintain such records in the City of
Vernon, Associate Counsel shall either deliver said records at its expense to City or shall
promptly reimburse City for all reasonable costs incurred in conducting the audit at a location
other than the City ol Vernon, including, but not limited to, expenses for personnel, salaries,
private auditors, lodging, meals and overhead.
12.O lndemnitv.
12.1 Associate Counsel agrees to indemnity City, its otlicers, elected
officials, employees and agents against, and will hold and save each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (herein "claims or liabilities"), including but not limited
to professional negligence, that may be asserted or claimed by any person, firm or entity arising
out of or in connection with the work, operations or activities ol Associate Counsel, its agents,
employees, subcontractors, or invitees, provided for herein, or arising lrom the acts or
omissions ol Associate Counsel hereunder, or arising lrom Associate Counsel's perlormance ol
or lailure to perform any term, provision, covenant or condition of this Agreement, except to the
extent such claims or liabilities arise lrom the gross negligence or willlul misconduct of City, its
officers, elected oflicials, agents or employees.
13.0 INSURANCE.
Associate Counsel 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.
1 3.1 Automobile Liability with minimum limits of at least
$100,000/300,000/500,000 il written on a personal automobile liability lorm, for using a personal
vehicle; or an amount ol $500,000 including owned, hired, and non-owned liability coverage it
wriften on a Commercial automobile liability form.
13.2 General Liability with minimum limits ol al least $1,000,000
combined single limits written on an lnsurance Services Otfice (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 Council,
commissioners, otficers, employees, agents and volunteers registered with the City of Vernon
must be endorsed on the policy as additional insureds as respects liability arising out of the
Associate Counsel's perlormance of this Agreement.
13.3 Prolessional Errors and Omissions coverage in a sum of at
least $ 1 ,000,000. lf a claims-made policy is obtained, a 'tail" ot at least three years shall be
purchased it non-renewed within three (3) years ol completion of performance under this
Agreement. Applicable aggregates must be identified and claims history provided to determine
amounts remaining under the aggregate.
13.4 Associate Counsel shall comply with the applicable
sections of the California Labor Code concerning workers' compensation tor injuries on the job.
Compliance is accomplished in one of the following manners:
1 3.1 .1 Provide copy ol permissive self-insurance certificate
approved by the State of California; or
13.1 .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 Council,
commissioners, otlicers, employees, and volunteers for
losses arising lrom performance of this Agreement; or
13.1 .3 Provide an insurance exemption form certifying that no
employees subject to workers' compensation law will be
used in performance of this Agreement.
13.1.4 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be canceled
except after thirty (30) days' prior written notice to City.
13.1.5 lnsurance shall be placed with insurers with a Eest's rating
of no less than B:Vlll.
13.1.6 Prior to commencement of performance, Associate
Counsel shall lurnish City with a certilicate of insurance for
each policy. Each certificate is to be signed by a person
authorized by that insurer to bind coverage on its behalt.
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.
13.1 .7 Failure to maintain required insurance at all times shall
constitute a delault and material breach. ln such event,
Associate Counsel shall immediately notily City and cease
all performance under this Agreement until f urther directed
by the City. ln the absence of satisfactory insurance
coverage, City may, at its option: (a) procure insurance
with collection rights lor premiums, attorney's lees and
costs against Associate Counsel by way of set-oft or
recoupment from sums due Associate Counsel, at City's
option; (b) immediately terminate this Agreement; 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 Associate Counsel,
by way of set-otf or recoupment trom any sums due
Associate Counsel.
14.O Choice ol Forum.
This Contract shall be governed by and construed in accordance with the
laws of the State of Calilornia. Associate Counsel agrees that the State and Federal courts
which sit in the State of California shall have exclusive jurisdiction over all controversies and
disputes arising hereunder, and submits to the jurisdiction thereol.
15.0 lncorDoration bv Relerence.
This contract incorporates by relerence the Request lor Proposal and
specifications iherein, and all attachments, and the Proposal by Associate Counsel, and all
attachments.
16.0 Order of Precedence.
ln case of conllict between the terms of this Agreement and the terms in
any document attached as an exhibit or otherwise incorporated by reference, the terms of this
Agreement shall strictly prevail.
17 .0 Livino Waoes.
Associate Counsel working on City service contracts ol any amount, as to
all employees spending time on City contracts, shall observe the City's Living Wage Ordinance
and all requirements thereof at all times on City contracts. The Current Living Wage Standards
are set lorth in Exhibit "D". Upon request, certified payroll shall be provided to the City.
18.0 Eoual Emplovment Ooportuniw Practices.
Associate Counsel certifies and represents that, during the performance
of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal
employment opportunity practices to assure that applicants, employees and recipients of service
are treated equally and are not discriminated against because of their race, religion, color,
l0
national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital
status. Associate Counsel further certifies that it will not maintain any segregated facilities. The
Equal Employment Opportunity Practices provisions are set lorth in Exhibit "E'.
19.0 EthicalGuarantees
19.1 Associate Counsel warrants that no gratuities (in the form of
entertainment, gifts, or otherwise were otfered or given by Associate Counsel, or any agent or
representative of Associate Counsel, to any officer or employee of City with a view toward
securing this Agreement or lavorable treatment with respect to any determination concerning
the performance of this Agreement. ln the event of breach of this warranty, City shall be entitled
to pursue the same remedies including, but not limited to, termination, against Associate
Counsel as it could pursue in the event ol Associate Counsel's derault.
19.2 Associate Counsel and its members shall comply with all
applicable federal, state and local laws and regulations, including the conllict of interest
provisions of Government Code Section 1090 and the Political Reform Act (Government Code
Section 81000 et seq.).
2O.O Riqht to Offset Claims for Monev.
All claims of money due or lo become due lrom City shall be subiect to
deduction or otfset by City from any monies due Associate Counsel by reason of any claim or
counlerclaim arising out of: (i) this Agreement, or (ii) any purchase order, or (iii) any other
transaction with Associate Counsel.
21.0 Moditication.
Any modification of this Agreement will be effective only if it is in writing
signed by all parties to this Agreement, and, where applicable, il it is approved by City Council.
22.0 Severabilitv/Partial lnvaliditv.
lf any term or provision of this Agreement, or the application of any term
or provision of this Agreement to a particular situation, shall be finally found to be void, invalid,
illegal, or unenforceable by a court ol competent jurisdiction, then notwithstanding such
determination, such term or provision shall remain in torce and ettect to the elitent allowed by
such ruling and all other terms and provisions ol this Agreement or the application ol this
Agreement to other situations shall remain in full force and effect. Notwithstanding the
foregoing, il any material term or provision ol this Agreement or the application of such material
term or condition to a particular situation is finally found to be void, invalid, illegal, or
unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good
Iaith and fully cooperate with each other to amend this Agreement to carry out its intent.
23.0 Time of the Essence.
Time is of the essence in the perlormance ol this Agreement.
24.O No assignment by a party hereto of any rights under or interest in this
Agreement will be binding on another party hereto without the written consent of the party
sought to be bound; and specilically but without limitation, moneys that may become due and
ll
moneys that are due may not be assigned without such consent (except to the elitent that the
effect ol this restriction may be limited by law), and unless specifically state to the contrary in
written consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Agreement.
lN WITNESS WHEREOF, the City and Associate Counsel agree as set forth
hereinabove.
DATED:CITY OF VERNON, a California charter City
and Calilornia municipal corporation
Carlos Fandino, City Administrator
DATED:Rutan & Tucker, LLP a limited liability
partnership
By:
Name:
Title:
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attorney
By:
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EXHIBIT A
EXHIBIT A
REQUEST FOR PROPOSALS
City of Vernon
Request for Proposals (RFP)
Specialized Outside Legal Services
City' of Vernon
City Attorney's Office
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-881f
City of Vemon Specialized Outside l-egal Sen ices Request for Proposals
1. INTRODUCNONANDPROJECT
Pursuant to Vernon Municipal Code Section 2.17.30(B), City contracts for professional
services must be rebid every three years. The City of Vernon is requesting proposals lrom
law lirms interested in assisting the City Attorney's Otfice with various specialized liligation,
transactional, and/or advisory matters on an'on call" basis lor specific Service Areas listed
below.
The City will select one or more f irms as Associate Counsel in the SeMce Areas, based on
demonstrated competence and a cost etteclive approach to advising the City on such legal
maners.
2. BACKGROUND
The City ol Vernon was ,ounded in 1905, is approximately 5.2 square miles in size and is
localed approximately 5 miles southeast o, downlown Los Angeles Calilomia. Over its
long history, Vernon has been developed as an industrial community. Al the lum of the
20o century the lands that make up Vernon were comprised largely ol ,armlands. The
presence of three maior rail lines in the area led intluential business and propedy owners
to encourage the railroad companies to run spur lines onto the larmlands. These rail
extensions enabled the crealion of an "exclusively industrial" city. By the 1920's, Vernon
was anracling large stockyards and meatpacking lacilities. ln the 1930's, Vernon became
lhe location ol choice for many heavy industrial plants. As economic conditions changed
over lhe decades, these large scale industnal operations have relocated out ol Southern
California and Vernon has attracted smaller, lighter industrial lacilities. The City's business
lriendly environment, low cost ulilities and key location for trucking and rail lransporl
coniinue to position Vernon as an ideal location for induslrial uses.
Vemon has a uniquely small residential population, with approximately 275 residents.
Despite the low residential housing numbers, Vemon is home to more lhan 1,800 business
that employ approximalely 50,000 people, serving as a vital economic engine in the region.
Vemon mainlains strong philanthropic ties with the neighboring communities where much
of its workforce lives, providing signif icant financial support tor public services and
education.
City Govemment: The City Council consists of live members, elected at-large, who serve
five-year slaggered terms. The City Council annually appoinls a Mayor and a Mayor Pro
Tem lrom its own membership to serve one-year lerms.
Labor Force: vernon has approximately 280 employees, and its departments include a
Fire Departmenl, Police Department, Finance Department, Public Works Deparlment,
Public Utilities Depariment and Health and Environmenlal Control Departrnent.
Recognized bargaining units include the Vernon Police Ot icers Benelil Associalion,
Vemon Police Managoment Association, Vernon Firemen's Association. lhe Vemon Fire
Management Association, lnternational Brotherhood ol Electrical Workers Local 47, and
Teamslers Local 91 1 .
3. CITY ATTOBNEYS OFFICE OVERVIEW AIiIO SERVICES REOUESTED
The City Attorney's Offrce ,unctions as the legal advisor and legal counsel lor the City
Citl' of Vernon Specialized Outside l.egal Sen'ices Requcsr for Proposals
Council, City boards and commrssions, City Administralor and City departments, and
represents the City in litigation, whether direclly or through outside counsel.
The City Anorney's Otfice rs currently statled with three anomeys (City Anomey and two
Senior Deputy City Attorneys), Over recenl years, the Oflice has signilicantly and
successfully reduced the City's reliance on outside counsel, and brought the vast majority
ol the City's legal services in-house. There are, however, occasions when associate
counsel is needed, such as matters requiring specialized expertise or additional stafling.
As such, the City Anorney's Otfice desires to engage Associate Counsel to assist in
various litigation, transactional, andor advisory matters trom time to time.
4. SCOPEOFSERVICESREOUIREO
The services sought would be in the nalure of providing specialized legal advice ancUor
representation in the Service Areas identitied below. The advice or represenlation would
be provided on an "on calT basis, and could be in the form of a request lor advice on a
specific problem, review of a document, or representing the City in courl appearances,
mediations, pre-trial or trial maners. Associate Counsel must demonstrate a high level ol
expertise in one or more of the lollowing Service Areas.
ll it best serves the interests of the City, a contract may be awarded to one or more law
firms lor different Service Areas, although the City is open to retaining a single, all-purpose
firm. Firms are encouraged to propose services only for those areas in which they
are truly exp€rt:
A. General Municipal Advisory Matters. Associate Counsel may be
asked to provide expert advice and assistance on matters of municipal
law, including the Brown Act, public housing and land use, competitive
bidding and selection, conflicls of interest and the Political Relorm Act.
B. Labor & Employment Matters. Associate Counsel may be asked to
advise and assist regarding wage and hour laws, PERB and the MMBA,
disciplinary maners, and personnel policies. ln addition, Counsel may
be asked to assist during labor negotiations, including reviewing ancl/or
drafting MOU language. Associate Counsel should have expertise
regarding public satety personnel issues, including the PBORA and
FBORA, as well as intemal investigations and Pifchess motions.
Associate Counsel may also be asked to assist the City in maners
related to lhe California Public Employee's Retirement System, and must
have familiarity with CaIPERS regulations.
C. Employment Litigation. Associate Counsel may be asked to represent
the City in lawsuits related to claims ot employment discrimination,
harassment, or retaliation. Associate Counsel should be knowledgeable
regarding employment torts, claims under the Califomia Fair Employment
and Housing Act, the Fair Labor Standards Act, and employment-related
suits under the California Labor Code and the Americans with Disabilities
Act.
D. Civil Rights Uability. Associale Counsel may be asked to represent the
City in its detense against cMl righls claims and lawsuits arising out ol
alleged contact with City personnel, including those brought undet 42
Citl' of Vemon Spccialized Outside kgal Sen'ices Request for Proposals
U.S.C. S 1983, stale civil rights law such as the Bane Act and Ralph Acl,
and the Americans with Disabililies Act. Associate Counsel should
demonstrate expertise in the legal standards and delenses under 42
U.S.C. S '1983 lor individual, supervisory, and municipal ("Monelll
theories ol liability. ln addilion, Associate Counsel may be asked to
respond to questions from lhe City on pre-litigation law enforcemenl
issues lhat arise on a day-today basis, which could include requests for
advice on institutionaypolicy matters, or individual maners.
E. Government Tort Liability. Associate Counsel may be asked to
represent the City in specilic tort actions including, bul not limited to,
negligence, intentional torts, assault and battery, taking ol property,
dangerous condilions ot public property, and lailure to discharge
mandatory duties. Associale Counsel may also be asked to analfze and
advise the City regarding filings under the Calilornia Government Claims
Acl, and to prepare defense pleadings regardang exhaustion and
presentation requirements under the Act.
F. Enyironmental Compliance end Litigation. Associate Counsel may be
asked to provide legal assistance and consulialion to the City on matters
ol environmental compliance, including the NPDES, CEQA, NEPA, the
Clean Water Act, and the Porter-Cologne Water Ouality Control Acl, as
they pertaan to actions by stat{ and City Council.
G. Telecommunications-Related lrlatlers. Associate Counsel may be
asked to provide legal assistance and counsel to the City on maners
related to wireless and small-cell development in the City, including the
dratting and review of ordinances, policies, and forms, as well as
compliance with FCC regulations and state law. Familiarity wilh CPUC
regulations and POU and IOU trends is desirable.
OUALIFICATIONS & CRITERIA
A. Oualifications: The City ot Vernon will select one or more lirms as
Associate Counsel for the outlined Service Areas on the basis ol
qual ications, experience, and cost. The lollowing are lhe minimum
qualifications to be used lo evaluate responses to this Requesl lor
Proposals:
l. The proposer has advanced knowledge ol the lat /s and practices
relating to general legal maners within a municipal govemment
setting. These include arliculaied knowledge ol the laws
governing each of the SeMce Areas for which the proposer
wishes to be considered.
2. The proposer has a demonstrated track record of success in
handling all legal aspects of general legal maners in the Service
Area(s) being proposed.
3. Each proposer shall provide lhree references, preferably from
govemmenlal entities, lor relevant work perlormed in the past
,ive y6ars. When possible, include relerences trom cities ol a
City of Vemon Specialized Outside lrgal Sen'ices Request for Proposals
similar character to Vemon. l, the proposer does not have
three govemmental entity reterences, references lrom pnvate
entities may be provided.
4. The proposer can demonstrale understanding of the assignment
and knowledge ol the skills necessary to serve in the role ol
Associate Counsel.
B. Selection Criteria: The City will conduct a comprehensive, farr, and
impartial evaluation ol proposals received in response to this RFP. All
proposals received will be reviewed and evaluated by a committee ol
qualitied personnel. The name, inlormation, 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 lor the cost proposals, according to lhe minimum
qualilications set forth above. The following criteria will be used in
reviewing and comparing the proposals and in determining the highest
scoring bid:
1 . 50o/o Oualifications, background and prior experience ol the lirm
in the Service Area(s) being proposed, experience ol key staff
assigned to oversee services provided to Vernon, evaluation ot
srze and scope ol similar work perrormed and success on that
work.
2. 3O'/t" Cost and fees to the City lor handling maners. Cost is nol
lhe sole determining lactor but will be taken into consideralion.
Proposer must otfer services at a rate comparable to the rate
proposer oflers to other govemmental entilies lor similar work.
Oflering a higher rate to the City than the comparable rate is
grounds lor disqualif ication ol the Proposer. ll rates differ for
diflerent types or levels ol service, or lor ditlerent Service Areas,
the Proposer should so state.
3. 10"/o Flesponsiveness to the RFP, and quality and
responsiveness of the proposal.
4. 1Oo/o Beferences including past perrormance ot proposer.
6. FORI'AT ANO OELTVERY OF RESPONSE
Respondents are asked to submit one (1) unbound original, 2 hard copies and one (l)
eleclronic copy lo Eva Muro, Legal Administrative Analyst, via email at
emuro @ cr.vernon.ca. us ol their proposals in sut icient detail lo allow ror a lhorough
evaluation and comparative analysis. The proposal should include, at a minimum, the
following informalion in sectionalized lormat addressing all phases of lhe work in the RFP.
Format: Limit your proposal to 20 typed 8.5" X 11' pages, or fewer, on
white bond paper ol at least 2Gpound weight single sided (excluding
cover letter and attachments. You may anach a firm brochure r, you
wish, but it must be as a separate attachment and independenl lrom the
required elements notecl above.
City of Vernon Specialized Outside Legal Sen ices Request for Proposals
1. Use a conventional typelace with a minimum tont size of 12
points. Use a 1" margin on all boarders.
2. Oeanize your subminal in the order described herein.
3. Prominently label the package: "Specialized Outside Legal
Services' and include the name ol the primary contact lor the
respondenl.
Deliver the response to:
City of Vemon
Anention: City Attomey's Otfice
4305 Santa Fe Avenue
Vernon, CA 90058
4. Responses are due on or before 5:00 p.m. on March 18,2019-
Late response will not be accepted.
5. ll you have any questions about lhis RFP, please contact Zaynah
Moussa, Senior Deputy City Attorney, at (323) 583-8811 ext- 839
or zmoussa @ ci.vernon.ca-us. Please note that any questions
asked and any response provided by Vernon will be sent to every
lirm submining a proposal, to the extent the City is aware ol
them.
Cover Letter: All proposals shall include a cover letter which states that
the proposal shall remain valid for a period of not less than ninety (90)
days from lhe date of subminal. ll the proposal contemplates lhe use o,
sub-conlractors. the sub-contractors shall be identilied in the cover
letter. ll the proposal is submined by a business entity, the cover letler
shall be signed by an oflicer authorized to conlractually bind the
business entity. With respect lo the business entity, the cover letter shall
also include: lhe identitication ol the business entity, including the name,
address and telephone number ol the business entity; and lhe name,
title, address and telephone number of a conlacl person during the
proposal evaluation period.
tntroduction: Present an intro'duction ol the proposal and your
understanding of the proposed representation, including methods and
procedures to be employed by the proposer to ensure quality advocacy
and results within your identilied budget.
General Scope of Work: Briefly summarize the scope of work as the
proposer perceives or envisions it for each Service Area proposed.
Fe€B and costs: Although an important aspect ot consideration, the
linancial cost estimate will not be the sole justilication lor consideration.
Negotiations may or may not be conducted with the proposer; thererore,
ihe proposal submined should contain the proposer's most lavorable
terms and condilions, since selection and award may be made without
discussion wilh any firm. All prices should rellect "not to exceed'
B
c.
D,
E
City of Vemon Specialized Outside lrgal Sen'ices Request for Proposals
amounts per ilem. Proposer must ofler services at a rate comparable to
the rate proposer otlers to other governmental entilies lor similar work.
F. Otlering a higher rate to the City than the comparable rate is grounds ,or
disqualification of the Proposer.
G. Ability of the Proposer to Perrorm: Provide a detailed description ol
the proposer and hiVher/its qualilications, including names, tatles,
delailed prolessional resumes and past experience in similar work
etfortJproducts of key personnel who will be working on lhe assignmenl.
Provide a list ol specific related work proiects that have been completed
by the proposer which are directly related to the assignment described in
this BFP. Note the speci{ic individuals who completed such project(s).
ldentify role and responsibility ol each member ol the proiect team.
lnclude lhe amount ol time key personnel will be involved in the
respective portions o, lhe assignment. Respondents are encouraged to
supply relevant examples of their professional product. Provide a list of
relerences.
The selecled lirm shall not subcontracl any work under lhe RFP nor
assign any work without the prior written consent of the City.
G. Aflidavit ol Non-Collusion. Proposer musl submit a completed and
signed, "Atfidavit ol Non-Collusion." (Copy anached as Exhibit A).
7. AODENDA CHANGES. AND AIIENDMENTS TO THIS SOLIC|TANON
At any time prior to the due date tor responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents time
lo 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 proiect coordinator to be placed on a list ol
persons to receive notice of any such addenda, changes, or amendments. The prelerred
manner of communicalions is via e-maal due to its limeliness.
8. CONDMONS FOR RESPONSESTO RFP
The lollowing conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a lisl of service
providers qualified as prime contraciors, or award a contracl to any
respondent. The City reserves the right lo amend or cancel this RFP
wilhout prior notice, at any time, at its sole discretion.C. The City shall not be liable for any expenses incurred by any individual
or organization in connection with this RFP.
D. No conversations or agreements with any otficer, agenl, or employee o{
the City shall atlect or modily any terms of this RFP. Oral
communications or any wriner/e-mail materials provided by
City of Vemon Specialized Outside lrgal Serr ices Request for Proposals
any person other than designated conlact staf, of city shall not be
considered binding.
E. The City reserves lhe right, in its sole discretion, to accept or reject any
or all Proposals wilhout prior notice and to waive any minor irregularities
or defects in a Proposal. The Caty reseryes the right to seek clarification
on a Proposal with any source.
F. The dates, times, and sequence of events related to this RFP shall
ultimately be determined by the City. The schedule shown above is
subiect to change, at the sole discretion ot the City, although the City will
attempt to lollow it and, il it must be altered, will attempt to provide
reasonable notice ot the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or
the city without prior written approval of the city.
H. All submitted proposals and inlormalion included therein or anached
thereto shall become public record upon delivery to the City.
9. RIGHT BY THE CITY TO W]THORAW THIS REOUEST
The City may, at its sole discretion and lor any reason whalsoever. withdraw this
solicitation at any time.
10. LIVING WAGE OROINANCE
The selected Associale Counsel shall pay qualifyrng employees a wage of not less than
$10.30 per hour with health benelits, or S11.55 per hour without health benerits. The
Associate Counsel shall also provide qualrtying employees at least twelve days ofl per
year lor sick leave, vacation or personnel necessity, and an additional ten days a year of
uncompensated time for sick leave. There shall be a prohibition on an employer retaliation
against an employee's complaining to the City with regard to the employer's compliance
wilh the living wage ordinance. Contractor, and any Subcontracto(s), shall comply with
the City's Living Wage Ordinance. The curent Living Wage Standards are set torth in
Exhibit'D'ol the standard form contract, attached herelo as Exhibit B. Upon the Gity's
request, cerlilied payroll records shall promptly be proMded to the City.
11. STANDARDTEBTISANDCONDMONS
Prior to the award of any work hereunder, City and proposer shall enter inio the written
contraci for seMces attached hereto as Exhibit B. Proposers responding to this RFP are
strongly advised to review all the terms and conditions of the Contract. The term ol the
Contract shall not exceed three (3) years.
City of Vemon Specialized Outside [rgal Sen'ices Request for Proposals
EXHIBIT A
AFFIDAVIT OF NON.COLLUSION
.{FFIDA\IT OF \O\.COLLL SIO\ B}' CO\TR{CTOR
STATE OF CALIFOR]\'L{
COTNTY OF LOS ANGELES
being fint duly sworn deposes
and says that hdshe is
of
0nJgrnt.ofbrdd.r)
who submits herelr ilh to the Ciry of vemon a bid/proposal ;
Thal all smements of fact in such bid/proposal are true;
That srrch bid/proposal uas not made in the intercst of or on behalf of any undisclosed person,
parmenhip, company. association organization or corporation:
Thar such bid,/proposal is genuine and not collusive or sham;
Thar said bidder has not, directly or indirectly by agreemen! communication or confernce with anyone
anemprcd to indrre action prcjudicial lo the inrcrest of the City of Vemon, or of any o6er bidder or
anyone else inrerested in the proposed contact; and funher
Thar prior to the public opening ud reading ofbidyproposals, said bidder:
a. Did not dirtcdy or indirecdy. induce or solicit anyone else to submit a false or sham
bid/proposal;
b. Did not dL€ctly or indirectly, collude, conspire, connive or agree with anyone elsc that said
bidder or anyone else would submit a false or sham bid/proposal, or tha anlone should rcfrain
ftom bidding or withdraw hisrher bid/proposa.l;
c. Dd not, in any manner, directly or indirectly seek by agrcement, commrmication or confererce
with anyone to raise or fix rhe bid/proposal price of said bidder or of anyone else, or to raise or
flr any overhead. profit or cosl elemeat ofhi9lrcr bid/proposal price, or oftha ofanyone else;
d. Did not, dLectly or indirectly, submit hisrher bidpmposal price or any brcakdown thereof, or
the conents ttrcreof. or divulge information or data relative thereto, to any corporariorl
pamership, compsny, associuioq organizaion bid deposiory, or to any member or agent
tlEreof, or to any individual or group of individual5 exccpt the City of Vemorl (x to any peBon
or persons who have a paftlership or otller financial interest with said bidder in higlrer hsiness.
I c€fiiry uder penalty ofperjury'ttut the above information is correct
By:
)
)ss
)
Title'
Dale:
March 20ll
(lrs.n 'SoL o!*ncr', 'Prnoc'. 'Pr.sd.r( 'S.sEr!-t', or drE Ftp.r dtl,c)
City of Vcrnon Specialized Outside [.egal Sen'ices Request for Proposals
EXHIBIT B
STANDARD ATTORNEY SERVICES AGREEMENT
ATTORNEY SEHVICES AGREEMENT (LITIGATION) BETWEEN THE CITY OF
VERNON AND [ASSOCIATE COUNSEL] REGARDING [CASE NAMEI
COVER PAGE
Associate Counsel:
Responsible Principal ol Associale Counsel:
Notice lntormalion - Associate Counsel
Notice lnformation - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
[insert name of Associate Counsel]
[insert name, titlel
[insert name ot Associale Counsel)
[insert street addressl
[inserl city, state, zip code]
Attention: [insert name, title]
Phone: [ansert phone numberl
Facsimile: Iinsert fax number]
City ol Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Anention: Iinsert department head]
[insert department head title]
Telephone: (323) 583-881 1 en. linsert]
Facsimile: [insert lax numbe4
[inserl commencement date]
Iinserl termination datel
Total nol to exceed $[insert amount]
(includes all applicable sales lax); and more
particularly described in Exhibit B
Three (3) years, pursuant to Section 12.2
ATTORNEY SERVTCES AGREEMENT (LtTtGAT|ON) BETWEEN THE Ctry OF
VEHNON AND [NAME OF FIRMJ REGARDING [CASE NAME]
ThiS Agreement is entered into by and between the City ot Vernon, a Calilornia charter
City and Calitomia municipal corporation ('City') and [Associate Counsel's Name], a IState
ancorporated inl corporation ("Associate Counsel"). City and Associate Counsel are collectively
rererred to herein as the "Parties."
RECITALS
IOPTION 1: ONGOING / AS-NEEDED AGREEMENTI
WHEREAS, the City, acting through its City Anorney, desires to engage
Associale Counsel, in association wilh the Ciry Anomey, to assist the City Anomey in various
cases in litigation, and to provide advice and assistance in other legal maners lrom time to time;
and
IOPTION 2: ONE-TIME CASE ASSIGNMENTI
WHEREAS, a lawsuat entitled was liled in [insert
name ol court or other tflbunal], Case No. herein reterred to as lhe "Action"; and
WHEREAS, Associate Counsel possesses the skills, qualilicalions and
experience necessary to assist as Associate Counsel in the Action; and
WHEREAS, the City Attorney of the City of Vernon, herein refened to as'City
Attorney,' is the chiel legal advisor and litigalor ror the City and is charged with the responsibility
ol protecting the interests ol the City, its Council, otlicers, employees and agents in any liligation
initiated by or against the City, its Council, otficers, employees and agents as provided lor by
Calilornia law and lhe Charter and ordinances ol the City;
WITNESSETH:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.0 Scooe ol Services.
Associate Counsel hereby is associated as Counsel ol Record in association with
the City Attorney to perform such legal services as may be required trom time to time in
connection with assigned litigation and olher maners as specified in Exhibil "A" hereto.
[principal member name], a principal member ol the firm of Associate Counsel, shall be
responsible lor the per{ormance of services hereunder, shall personally handle all signiticanl
maners, and shall supervise any services performed by other members o, Associate Counsel's
firm and by its employees. lt is understood that lhe City Anorney is chiel counsel ol record lor
all purposes relating to litigation, and Associate Counsel's perlormance hereunder shall be
under the direction and supervision ol the City Anorney, that Associate Counsel shall coordinate
its services hereunder with the City Attorney to the exient required by said City Anomey, and
that all perrormances required hereunder by Associate Counsel shall be performed to the
satislaction ol said City Attorney.
Associate Counsel shall report to and receive direction lrom the City Attorney
only, and not from any other Department Head or City staff .
2.0 Time ot Perlormance.
The services of Associate Counsel are to commence as of the signing hereof
(the "Effective Date") and lhe wrinen assignment of particular matters, provided, the
etlectiveness ol this Agreement is subject to approval by the City Council or City Administrator
(as appropriate), and shall be underlaken and completed in such sequence as to assure their
completion as expeditiously as is consistent with professional skill and care. This Agreement
shall automatically terminate three (3) years from the Effective Date, subject and pursuant to the
terms of this Agreement.
3.0 LitioationBudqetino.
Associate Counsel handling City matters will be expected to inslitute and to
adhere to litigation budgeting and planning procedures in the sole discretion of the City
Anorney. The general framework of the litigation budgeting and planning procedures is as
lollows:
3.1 Case Budoet:
3.1 .1 Associate Counsel shall, if requested by the City Attorney,
provide a Litigation Plan and a Case Budget, or revisions
thereof , which will include a proiection ol recommended
steps to be taken in the litigation and a range of costs for
each step. The Plan and Budget will be reviewed and
updated as necessary, al least every twelve months, or as
more f requently requested by the City Anorney.
3.1 .2 The Case Budget shall include an estimate of Associate
Counsel's attorneys' hours, fees and disbursements during
each phase and activity, including: 1) pre-commencement
(legal and factual research ,or the complaint or answer); 2)
pleadings; 3) motions (including research); 4) initial
discovery; 5) lactual investigalion of merits (interviewing
clients, employees and ihird parties); 6) review and
analyze City's documents; 7) expert (non-medical)
investigation and reports; 8) medical experts and
examinations; 9) legal ,esearch on merits; 10) more
thorough discovery (including the identity ol deponents and
expected costs ot each deposition and preparation); 1 1)
post-discovery pre-trial dispositive motions; 1 2) senlement
evaluation and negotiations; 13) trial preparation; and 14)
trial. All anticipated expenses must be listed and costs
estimated.
3.1 .3 The Case Budget should include the anticipated cost of
each line item, the time estimated to complete it and the
identity (name, title, billing rate) ol the primary attomey
handling it.
3.1.4 Each line item should be given a code number that ciln be
used in the billing process and in preparation ot updated
pro9ress reporls.
3.1 .5 The Case Budget is not a fixed lee agreement and is
subject to revision. However, Associate Counsel
underslands and agrees that failure to timely submit a
Case Budget or major unjustilied deviations therelrom may
constilule a breach and result in termination of this
Agreement with Associate Counsel.
3.2 Litioation Plan.
3.2.1 ln addition lo the Case Budget, Associale Counsel shall
prcparc a Litigation Plan, on lorms as may be required by the City, at least every twelve months
or as more lrequently requested. The Litigation Plan will start as an initial evalualion (belore
substantial costs are incurred) and shall include, with a discussion (where applicable): a)
anticipated total costs: b) the primary issues and likely resolution; c) the probability o, success -
eilher on the merits or on procedural grounds; d) a strategy for delensey'ottense/resolulion,
including a senlemenutrial recommendatron based on a cost-benelit analysis; e) damages
claimed; f) evidence (i.e., witness, documentary or demonstralive) relevanl to liability or
damages; g) recent developments such as law and motion rulings, iudicial opinions in other
cases, and legislative/executive action; h) deposition summaries, it appropriate and cost
effective: and i) senlement demands. The Liligation Plan will be moditied during the litigalion as
the need arises. The City Attorney shall be consulted by Associate Counsel regarding the
component parts of projectycases handled so that the City Attorney can determine, or secure a
determinalion lrom the City Council, as appropriate, tactics, strategy and whether a particular
activity makes sense lrom an economic standpoint or can be done more economically in
another lashion.
3.2.2 f he City Anorney is to be consulted regarding statling of
litigation and is to be advised of any signiricant shitt in staff ing.
3.2.3 The City Attorney is to be provided with copies of any
billing manuals or drrections tor billing practices in use by Associale Counsel within thirty (30)
days of signing this Agreement.
3.2.4 lt is lhe policy ol the City ol Vernon to avoid a'deep
pockets' repulation by taking a 'hard-nosed' approach lo settlements, and by not giving
nuisance seftements. Senlement will generally be considered only where there is some liability
exposure. lf there is no liability exposure, trial is generally the only option.
4.0 ComDensatron. Reimbursement and Methods of Pavments.
4.1 Compensation.
Associate Counsel has established rates lor the City ol Vernon which are
comparable to and do nol exceed the best rales oflered to other govemmental entities in and
around Los Angeles County tor the same services. Fees for all seryices provided hereunder by
all billers shall be charged in accordance with Exhibit 'B', which is atached hereto and lully
incorporaled herein by reference. The graM total compensation under this Agreement shall not
exceed the amount of S[insert amount], without prior approval of the City Council and written
amendment ol this Agreement.
4.2 Reimbursement.
ln addition to the compensation provided above, the City will reimburse
Associate Counsel only for the following expenses: printing, copying costs (not to exceed 10
cents a page), transcription fees, reporter's lees and ground transportalion (in the amount set
lorth by the lntemal Revenue Service standard mileage rate). Any other expense (e.9., travel
expenses or travel time beyond Southern Califomia) must be approved by the City Attorney in
writing and in advance. No compensation shall be allowed for general overhead or support
services such as typing, word processing, scanning hard-copy documents to .pdt rormat,
secretarial time of any nature (normal, overflow or overlime), clerical work, Lexis or Westlaw,
equipmenl rental, calendaring, setting up files, updating files, computer time or service, nor any
other expense not itemized in the approved Case Budget or otherwise approved by the City
Anorney. There shall be no mark-ups on outside services.
4.3 The City Attorney must approve in advance any single
disbursement item in excess of $500.00, including, but not limited to, investigators, copying and
experts. Requests lor costs exceeding 5500.00 shall contain a recommendation o, altemative
inlormation services, including use of City employees. Associate Counsel will use City Statf in
lieu ol outside experts whenever leasible.
4.4 The City expects moderation with regard lo all expenses.
4.5 Method of Billino.
Unless otherwise agreed, Associate Counsel shall provide monthly bills
unless lees and costs lor a particular monlh are insignificant (,.e., S500 or less), in which case
such charges will be added to the following month's bill. The following information must be
provided in monthly bills:
A. A detailed description of work, in time increments ol .1 hour (one tenth of an
hour) for and by each and every individual billing services. Associate
Counsel shall keep the City advised regarding the identity and the billing
rales of those people who work on the litigation account.
B. ldentification o, the lawyer who is in charge ol the matter.
C, Detailed disbursement breakdowns, including the nature and purpose ol each
disbursement.
D. Each billing item will be separately stated on a separate line identifying the
biller, the time spenl and the exact nature of the service rendered. Narrative
billing and block billing are unacceptable. For example, il numerous tasks
are undertaken in one day, each should be identitied with a specilied time tor
perlorming that task, i.e. a telephone call, a court appearance, a meeting or
legal research. All tasks performed on lhe same day should be entered as
separate entries, identifying the time spent on each. Telephone conferences
should specify the parlicipants and the subiect matter discussed. The City
will not pay for vague descriptions for services which do not stale the precise
F
lr.
K.
t.
nature ol the work perrormed and the need lor the work. Words such as
'research','strategy','analysis','discovery','conlerence','preparatton',
'case management','memorandum','correspondence','telephone call' or
'meeting,' without an explanation of (1) the specific lopic or subject matter,
(2) the persons involved, and (3) the need lherelor, do not allow lor
accountability and are lherelore non-reimbursable.
The Caty will not pay f or inter-ot ice con,erences among attorneys/billers
unless a conlerence is a necessary stralegy meeting relating to some
signiricant legal issue or evenl, such as an upcoming trial, and then only one
attorney may be billed. Where charges are made for confsrences, the
specilic reason and need for each conlerence musl be stated in detail, and
the participanls identilied.
Where charges are made {or research time, the specific issue being
researched and the need must be identrlied. City has retained Associate
Counsel tor rts expertise, and therelore expects not to be billed for
introductory or background research. The City will not pay lor anorneys, law
clerks and paralegals educating themselves or doing work of a transient
nature on the case.
The City expects the anorney assigned to the case to handle all signilicant
maners in lhe litigation. lf other atlorneys are assigned to assist the primary
attorney, the City must be notitied. The City may request that the assigned
work be instead handled by the primary anorney. Thus, only those anorneys
or persons approved in advance by the Crty may bill on the case. Upon City
request, resumes will be provided ,or all persons (other than clerical or
secretarial) working on the case.
No more than two non-anorney supporl statf may bill on a particular case
without the pnor approval ol the City.
One paralegal may be used. Assignment ol work to such paralegal should
not result in duplicative work by the anorneys or reworking ol paralegal's
work. Paralegal shall not pertorm clerical work, such as liling, indexing, dale-
stamping, organizing, etc., but shall perform work such as research,
summarizing depositions, investigation, interviews ol witnesses, etc.
Upon request, each atem billed must be coded to a specilic Case Budgel line
item, so a bill may be easily compared with the approved Case Budget.
A tracking system must be sel up to periodically, at least every six months,
compare the amount of work completed to a percentage of the Case Budget
absorbed.
The City Anomey reserves the right to request various levels ol detail and
specific formats (such as columnar comparisons with established budgets).
The City will nol pay for more than one biller doing any task (e.9. two or more
attorneys anending the same deposilions or the same court appearances, a
M.
E.
biller redoing the work of anolher biller, or duplicative entries lor reviewing
and analyzing documentation and legal research).
N. Charges for time spent complying with billing inquiries and/or City audits are
non-reimbursable.
O. Photocopies of deposition transcripts shall be made whenever possible to
reduce deposilion expenses.
P. No tinance charge or interest wll be paid by the City, nor billed by Associate
Counsel.
4.6 Timino ol Pavment.
The City shall pay Associate Counsel for services rendered and
costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly
basis.
5.0 Enoaoement o, Other Counsel. Soecialists or Experts.
Associate Counsel shall not engage or otherwise incur an obligation to
pay other counsel, specialists or experts for services in connection with this Agreement wthout
the prior wrinen approval ol the City Anorney.
6.0 Termination ol Aoreement and Leoal Services.
Subject to the applicable provisions ol the Rules of Professional Conducl
ol the State Bar ol California, this Agreement and all legal services to be rendered hereunder
may be terminated at any time by wrinen notice lrom either party with or wilhout cause. ln such
event, all finished or unfinished documents, proiect data and reports, both originals and all
duplicate copies, in all forms and media requested by the City, shall immediately be lurned over
to the possession of City, which owns all such materials. ln the event of such termination,
Associate Counsel shall be paid for all satisfactory work, unless such termination is made for
cause, in which event compensation, il any, shall be adiusted, in the Citys sole discretion, in
light of the particular lacls and circumstances involved in such termination.
7.0 lnterest ol Members of Local Public Aoencv.
No member ol the goveming body of the City, and no other officer,
employee or agent ot the City who exercises any discretion, function or responsibility in
connection with the carrying oul ot any project to which this Agreement Perlains, shall have any
personal interesi, direct or indirect, in this Agreement.
8.0 GeneralProcedures.
8.1 Copies o, maior pleadings, reports on significant developments
and quarterly status reports shall be submitted to keep the City Attorney advised ol any major
dsvelopments in the lawsuit. Once the Litigation Plan is approved, Associate Counsel need not
advise the City ot each and every step being taken. As long as Associate Counsel is complying
with the Litigation Plan, it should provide periodic reviews and inlormation on significanl maners.
The City does not, however, want boilerplate routine letters announcing each and every
procedural step being taken.
9.0
A copy of lhe City Attomeys Policy for lnvestigation and Discovery
Assistance is attached herelo as Exhibit "C' which is attached hereto and lully incorporated
herein by reference.
1 0.0 Conllict of lnterest.
Associate Counsel certrfies that no member, otficer or employee of
Associate Counsel is an officer or employee of the City of Vernon except to the extent permitted
by law.
Associate Counsel agrees to secure the intormed written consent o{ the
City Attorney belore accepting any representalion adverse to the City (actual or apparent)
during the term of this Agreement, and to torego such representation i, the City Attorney, in
his/her sole discretion, obiects for any reason.
11.0 Maintenance and lnsoeclion ol Records.
1 1.'l The City and any other Federal, State or local governmental
agency, and any of their authorized auditors or representatives, shall have access to, and lhe
righl to audit and reproduce any ol Associate Counsel's records to the extenl the City or such
other governmental agency deems necessary to ensure that City is paying only the amounts to
which Associate Counsel is properly entitled or lor other purposes relating to the Agreement-
11 .2 Associate Counsel shall maintain and preserve all such records
tor at least three (3) years after terminalion of the Agreement or until an audit has been
completed and accepted in writing by City. Upon written notice by the City, the Associate
Counsel shall promptly make all such records available to auditors or other represenlatives ot
the City or other governmental agencies.
1 1-3 lf Associate Counsel does not maintain such records in the City of
Vernon, Associate Counsel shall either deliver said records at its expense to City or shall
promptly reimburse City for all reasonable costs incurred in conducting the audit al a location
other than the City ot Vernon, including, but not limited to, expenses lor personnel, salaries,
private auditors, lodging, meals and overhead.
12.0 lndemniw.
'12.'l Associate Counsel agrees to indemnily City, its officers, elected
otticials, employees and agenls against, and will hold and save each of them harmless rrom,
any and all actions, suits, claims, damages to persons or property, losses, cosls, penalties,
obligations, errors, omissions or liabilities (herein "claims or liabilities"), including but not limited
to professional negligence, that may be asserted or claimed by any person, firm or entity arising
out of or in connection with the work, operations or actMties of Associate Counsel, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the acts or
omissions of Associate Counsel hereunder, or arising f rom Associate Counsel's performance of
or lailure to pertorm any term, provision, covenant or condation of this Agreement, except to the
extenl such claims or liabilities arise lrom the gross negligence or willful misconduct of City. ats
ot icers, elected ofricials, agents or employees.
13.0 INSURANCE.
Associate Counsel shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set torth below, lor the duration of lhe
Agreement, including any extensions therelo.
13.1 Automobile Liability with minimum limits of at least
S 100,000/300,000/500,000 i, written on a personal automobile liability form,lor using a personal
vehicle; or an amount ot 5500,000 including owned, hired, and non-owned liability coverage il
written on a Commercial automobile liability lorm.
13.2 General Liability with minimum limits ol at least $1,000,000
combined single limits written on an lnsurance Services Otfice (lSO) Comprehensive General
Liability 'occurrence' lorm or its equivalent ,or coverage on an occurrence basis.
Premises/Operations and Personal lnjury coverage is required. The City of Vemon, its Council.
commissioners, otficers, employees, agents and volunleers registered with the City ol Vernon
must be endorsed on the policy as additional insureds as respects liability arising out ol the
Associate Counsel's per{ormance of this Agreement.
13.3 Prolessional Errors and Omissions coverage in a sum of at
least S1,000,000. lf a claims-made policy is obtained, a'tail'ot at least three years shall be
purchased il non-renewed within three (3) years ol completion of performance under this
Agreement. Applicable aggregates must be identifaed and claims history provided to determine
amounts remaining under the aggregate.
13.4 Associate Counsel shall comply with the applicable
sections of the Calitomia Labor Code concerning workers' compensation for injuries on the job.
Compliance is accomplished in one of the lollowing manners:
13.1 .1 Provide copy ol permissive self-insurance certificate
approved by the State of California; or
.13.1 .2 Secure and maintain in force a policy ol workers'
compensation insurance with slatutory limits and
Employer's Liability lnsurance with a minimal limil ot
$ 1 ,000,000 per accident. The policy shall be endorsed to
waive all rights ol subrogation against City, its Council,
commissioners, otficers, employees, and volunteers lor
Iosses arising from perlormance of this Agreement; or
13.1.3 Provide an insurance exemption torm certifying thai no
employees subject lo workers' compensation law will be
used in performance of this Agreement.
13.1.4 Each insurance policy included in this clause shall be
endorsed to stale lhat coverage shall not be canceled
except atter thirty (30) days' prior wrinen notice to city.
I3.1 .5 lnsurance shall be placed with insurers with a Best's rating
of no less than B:Vlll.
13.1 .6 Prior to commencement ol performance, Associate
Counsel 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 behall.
The certificate(s) must be in a lorm approved by City. City
may require complete, certi{ied copies of any or all policies
at any time.
13.1 .7 Failure to maintain required insurance at all times shall
constitute a default and material breach. ln such event,
Associate Counsel shall immediately notity City and cease
all pedormance under this Agreement until turther directed
by the City. ln lhe absence of satislactory insurance
coverage, City may, at its option: (a) procure insurance
with collection rights lor premiums, attorney's fees and
costs against Associate Counsel by way ol set-otf or
recoupment f rom sums due Associate counsel, at citys
option; (b) immediately terminate lhis Agreement; or (c)
self-insure the risk, with all damages and costs incurred, by
iudgment, senlement or otherwise, including atlomey's
fees and costs, being collectible lrom Associate Counsel,
by way of set-off or recoupment from any sums due
Associate Counsel.
14.0 Choice of Forum.
This Contract shall be governed by and construed in accordance with the
laws ol the State of Calitornia. Associate Counsel agrees that the State and Federal courts
which sit in the Slate of Calilornia shall have exclusive jurisdiction over all controversies and
disputes arising hereunder, and submits to the ,urisdiction thereof.
15.0 lncorDoration bv Reference.
This contract incorporates by reference the Request lor Proposal and
specifications therein, and all attachments, and the Proposal by Associate Counsel, and all
attachments.
16.0 Order of Precedence.
ln case of conflict belween the ierms ol this Agreement and the terms in
any document anached as an exhibit or otherwise incorporated by relerence, the terms of this
Agreemenl shall strictly prevail.
17 .O Livino Waoes.
Associate Gounsel working on City seMce contracts of any amount, as to
all employees spending time on City contracts, shall observe the City's LMng Wage Ordinance
10
and all requirements thereot at all times on City contracts. The Cunent Living Wage Standards
are set lorth in Exhibit "D". Upon request, certilied payroll shall be provided to the City.
18.0
Associate Counsel certiries and represents that, during the performance
of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal
employment opportunity practices to assure that applicanls, employees and recipients of service
are treated equally and are not discriminated against because ol their race, religion, color,
national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital
slatus. Associate Counsel lurther certilies that it will not maintain any segregated lacilities. The
Equal Employment Opportunity Practices provisions are set forth in Exhibit "E".
19.0 EthicalGuarantees
19.1 Associate Counsel warranls that no gratuities (in the form ot
entertainment, gifts, or otheMise were otlered or given by Associate Counsel, or any agent or
representative of Associate Counsel, to any otlicer or employee of City with a view toward
securing this Agreement or lavorable treatment with respect to any delermination concerning
the performance of this Agreement. ln the event ol breach of this warranty, City shall be entitled
to pursue the same remedies including, but not limited to, lermination, against Associate
Counsel as it could pursue in the event of Associate Counsel's delault.
19.2 Associate Counsel and its members shall comply with all
applicable federal, state and local laws and regulations, including lhe conflict of interest
provisions of Government Gode Section 1090 and the Political Belorm Act (Government Code
Section 81000 et seq.).
20.O Rioht to Otlset Claims {or Monev.
All claims ol money due or to become due ,rom Caty shall be subiect to
deduction or otfset by City from any monies due Associate Counsel by reason of any claim or
counterclaim arising oul of : (i) this Agreemenl, or (ii) any purchase order, or (iii) any other
transaction with Associate Counsel.
21.0 Modilication.
Any modiricalion of this Agreement will be eflectlve only il it is in wr,ting
signed by all parties to this Agreement, and, where applicable, il it is approved by City Council.
22.O SeverabiliMPartial lnvaliditv.
It any term or provision of this Agreemenl, or the application of any term
or provision ol this Agreement to a particular situation, shall be linally found to be void, invalid,
illegal, or unenlorceable by a court ot competent ,urisdiction, then notwithstanding such
determination, such term or provision shall remain in lorce and et ect to the extent allowed by
such ruling and all other terms and provisions ol this Agreement or the application of this
Agreement to other situations shall remain in lull force and eflect. Notwithstanding lhe
loregoang, il any material term or provision ol lhis Agreement or the application ol such material
term or condilion to a particular situation is finally lound to be void, anvalid, illegal, or
11
unenforceable by a court of competent jurisdiction, lhen the parties hereto agree to work in good
,arth and fully cooperate with each other to amend this Agreement to carry out its intenl.
23.O Time of the Essence.
Time is ot the essence in the perlormance of this Agreement.
24.O No assignment by a party hereto of any rights under or interest in this
Agreement will be binding on another party hereto without the wrinen consent ol the party
sought to be bound; and specifically bul without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent thal the
effect ot this restriction may be limited by law), and unless specirically state to the contrary in
winen consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Agreement.
[Signatures Begin on Next Page].
L2
lN WITNESS WHEREOF, the City and Associate Counsel agree as set torth
hereinabove.
DATED:
DATED:
ATTEST
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Hema Patel, City Anorney
ctw
and (
By: -
OF VERNON, a Calif ornia charter City
Calif ornia municipal corporation
Hema Patel, City Attorney
IASSOCIATE COUNSEL'S NAMEI, a [State
incorporaled in] corporation
By:
Name:
Title:
13
EXHIBIT A
SCOPE OF SERVICES
14
EXHIBIT B
LAW FIRM
xxxxxxxxxxxxxxxx
Los Angeles, CA XXXXX
(xxx) xxx-xxxx
Hema Patel
City Anorney
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Plaintitf v. City of Vernon
City Anorney No.: XXXXX
Dear Mrs. Patel:
The ,ollowing hourly Iees are agreeable:
A) lnsert Partner Namel, Partner S
B) lnsert Associate Namel, Associate S
C) One paralegal
Very truly yours,
For the Firm
15
EXHIBIT C
POLICY FOR INVESTIGATION AND DISCOVERY ASSISTANCE
The lollowing sets forth the policy ol this oftice regarding investigation and other assistance in
the delense ol liability cases involving the City ol Vernon or City employees. The obiective is to
provide current and long-range investigative assistance and guidance on all liability cases.
1. Copies of the summons, complaint and claims investigation reports, if available, will be
forwarded to Associate Counsel upon assignment of the lawsuit lo detense counsel.
2. Associale Counsel, in evalualing the lawsuit, is to advise the City Anorney as to lurther
investigative needs. The seMces of an investigating agency, approved by the City
Attorney, may be requesled to assist Associate Counsel in their investigation. The agency
is to lurnish this otlice with copies of all its reports.
3. Atter receiving Associate Counsel's request, the investigating agency commences the
specilied investigation and outlines its recommendalions {or additional investigation, but
does nol commence such additional investigalion until specirically requested by Associate
Counsel to do so.
4. ln addition to investigation, the investrgaling agency assists with such discovery, needed
diagrams, photographs and other information as may be requested by Associate Counsel.
5. Associate Counsel is requested to review lhe claims investigation file sent with the
assignment of defense so as to preclude unnecessary or duplicate investigative expenses.
6. Copies of the Vernon Municipal Code and other City documents can be readily obtained
from the City Attorneys Oftice.
7. Anendance at mandatory senlement conlerences will include only Associate Counsel and
an anorney trom the City Anorney's Office. Neither the Claims Coordinator nor
investigators shall attend unless specitically requested to do so by this otlice.
15
EXHIBIT D
LIVING WAGE PROVISIONS
Uia!.sggjjvlogl{ggeg:
A requirement that Employers pay qualitying employees a wage of no less lhan $10.30 per hour
with health benelits, or 51 1.55 per hour without health benefits.
Paad and Unpaid Oavs Off:
Employers provide qualifying employees at leasl twelve compensated days otf per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time lor sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with lhe living wage ordinance. Employees may bnng an action in
Superior Court against an employer lor back pay, treble damages lor willful violations, and
anorney's {ees, or to compel City otficials to terminale the service contract of violating
employers.
L'7
B
EXHIBIT E
EOUAL OPPORTUNITY EMPLOYMENT
PRACTICES PROVISIONS
Associate Counsel certilies and represents that, during the perlormance ol this Agreement,
the conlraclor and each subcontractor shall adhere lo equal opportunity employment
practices to assure that applicanls 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 lurther certilies that it will not maintain any segregated
,acilities.
Associate Counsel agrees that it shall, in all solicitations or advertisements for applicants
lor employmenl placed by or on behall ol Associate Counsel, state that it is an'Equal
Opporlunity Employer' or that all qualifid applicants will receive consideration lor
employment without regard to thear race, religious creed, color, national origin, ancestry,
handicap, sex or age.
Associate Counsel agrees thal it shall, il requested to do so by the City, certity that it has
not, in the perlormance ol this Agreement, discriminated against applicants or employees
because ol their membership in a protected class.
Associate Counsel agrees to provide the City with access to, and, il requested lo do so by
City, through its awarding authority, provide copies of all of its records pertaining or relating
to its employment practices, excepl to the extent such records or portions o, such records
are conlidenlial or privileged under state or lederal law.
Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
c.
D
E
18
ATTORNEY SERVICES AGREEMENT ORANSACTIONAL) BETWEEN THE CITY OF
vERNON AND [ASSOCTATE COUNSEL]
COVER PAGE
Associate Counsel:
Responsible Principal of Associate Counsel:
Notice lnlormation - Associate Counsel:
Notice lnlormation - City:
Commencement Dale:
Terminalion Oate:
Consideration:
Records Relention Period
Iinsert name of Associate Counsel]
Iinserl name, title]
Iinsert name ol Associate Counsel]
Iinsert street address]
[inserl city, state. zip codel
Anention: [insert name, title]
Phone: Iinsert phone number]
Facsimile: Iinsert {ax numbei
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [inserl department head]
[insert department head titlel
Telephone: (323) 583881 1 ext. [insert]
Facsimile: Iinsert lax number]
[ansert commencement date]
Iinsert termination datel
Total not to exceed S[insert amount]
(includes all applicable sales tax)
Three (3) yeani, pursuant to Section 12.2
ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) BETWEEN THE CIry OF
vERNON AND [ASSOCTATE COUNSEL]
This Agreement is entered into by and between the City of Vernon ('City'), a California
charter City and California municipal corporation ("CitF), and [Associate Counsel's Name], a
[State incorporated in] corporalion ("Associate Counsel"). City and Associate Counsel are
collectively rererred to herein as the "Parties."
RECITALS
IOPTION 1: ONGOING / AS-NEEDED AGREEMENTI
WHEREAS, the City, acting through its City Attorney, desires to engage Associate
Counsel, in association with the City Anomey, to assist the City Attorney in connection with
various transactions, and to provide advice and assistance in other legal maners trom time lo
time; and
IOPTION 2: ONE-TIME TRANSACTION ASSIGNMENTI
WHEREAS, the City is involved in a transaction specilically described as [inserl
descriptionl (the "[insert short name] Transaction'); and
WHEREAS, Associate Counsel possesses the skills, qualifications, and experience
necessary to assist as Associate Counsel in [OPTION 1]transactional maners [OPTION 2] the
[insert short name] Transaction; and
WHEREAS, the City Attorney of the City of Vernon, herein relerred to as'City Anomey,'
is the Chief Legal Advisor for the City and is charged with the responsibility ol protecting the
interests of the City, ils Council, officers, employees and agents, as provided tor by California
law and the Charter and ordinances ot the City.
WITNESSETH:
NOW, THEREFORE, the Parties agree as follows:
1.0 Scooe ol Services.
Associate Counsel hereby is associated as Counsel oI Record in association with
the City Attomey to pertorm such legal services as may be required from time to time in
connection with specilic transactional matters and other legal matters as specified in Exhibit "A",
hereto. [principal member namel, a principal member of the lirm of Associate Counsel, shall be
responsible tor the pertormance ol services hereunder, shall personally handle all significant
matters, and shall supervise any services perlormed by other members of Associate Counsel's
firm and by its employees. lt rs understood that the City Attomey is chief counsel ot record for
all purposes, and Associate Counsel's perlormance hereunder shall be under the direction and
supervision of lhe City Anorney, thal Associate Counsel shall coordinate its seMces hereunder
with the City Attorney to the extent required by said City Anomey, and that all perlormances
required hereunder by Associate Counsel shall be perlormed to the satistaction ol said City
Attomey.
Associate Counsel shall report to and receive direction from lhe City Anomey
only, and not lrom any other Department Head or City stafl.
2.0 Time of Performance and Term.
The services of Associale Counsel are lo commence upon the signing
hereof ("Etlective Date'), and the written assignment of particular matters, provided, the
et ectiveness of this Agreement is subject to approval by the City Council or City Administrator
(as appropriate), and shall be undertaken and completed in such sequence as to assure their
completion as expeditiously as is consistent with professional skill and care. This Agreement
shall automatically terminate three (3) years lrom the Et ective Dale, subiect and pursuant to the
terms ol this Agreement.
3.0 Budoetino.
Associate Counsel handling specific City maners will be expected lo
institute and to adhere to budgeting and planning procedures in the sole discretion of the City
Anorney. The general lramework o, the litigation budgeting and planning procedures is as
tollows:
3.1 Budoet:
3.1.1 Associate Counsel shall, il requested by the Ciry Anorney, provide
a Plan and a Budgel, or revisions thereot, which will include a
proiection of recommended sleps to be taken in lhe assigned
matter and a range of costs for each step. The Plan and Budgel
will be reviewed and updated as necessary, at least every twelve
monlhs, or as more frequently requested by lhe City Anorney.
3.1 .2 The Budgel shall include an estimate of Associate Counsel's
anorney's hours, lees, and disbursements during each phase and
activaty.
3.1.3 The Budget should include the anticipated cost of each line item,
the time estimated to complete it, and lhe identity (name, lille,
billing rate) ol the primary atlorney handling it.
3.1.4 Each line item should be given a code number lhat can be used in
the billing process and in preparation ol updated progress reporls.
3. 1 .5 The Budget is not a fixed fee agreement and is subject lo revision.
However, Associate Counsel understands and agrees that tailure
to timely submit a Budget or major unjustitied deviations therelrom
may constitute a breach and resull in lermination of this
Agreement wth Associate Counsel.
3.2 Plan.
3.2.1 ln addition to the Budget, Associate Counsel shall prepare a Plan,
at leasl every twelve months, or as more trequently requested.
The plan will start as an initial evaluation (before substantial costs
are incurred) and shall include, with a discussion (where
applicable): a) anticipated total costs; b) lhe primary issues; and
c) tasks toward complelion.
3.2.2 The City Anorney shall be consulted by Associate Counsel
regarding the component parts ot proiects/cases handled so that
the City Anorney can determine, or secure a delermination f rom
the City Council, as appropriale, tactics, strategy, and whether a
particular activity makes sense f rom an economic standpoint or
can be done more economically in anolher lashion.
3.2.3 The City Attorney is to be consulted regarding statling of litigation
and is to be advised ol any significant shift in stafling.
3.2.4 The City Anorney is to be provided with copies of any balling
manuals or directions lor billing practices in use by Associate
Counsel within thirty (30) days of signing this Agreement.
4.0 Compensation. Reimbursement and Methods of Pavments.
4.1 Comoensation.
Associate Counsel has established rates for the City of Vernon which are
comparable to and do not exceed the best rales offered to other governmenlal entities in and
around Los Angeles County for the same services. Fees lor all services provided hereunder by
all billers shall be charged in accordance with Exhibit "B', which is attached hereto and lully
incorporated herein by reference. Associate Counsel's grand tolal, nol-to-exceed compensation
lor the three (3) years ol this Contract shall not exceed the amount ol Slinsert amountl. withoul
prior approval ol the City Council and written amendment of this Contract.
4.2 Reimbursement.
ln addition to the compensation provided above, the City will reimburse
Associate Counsel only for the following expenses: printing, copying costs (not to exceed 10
cents a page), transcnption lees, reporter's lees and ground transportation (in the amount set
forth by the lnternal Revenue Service standard mileage rate). Any other expense (e.9., lravel
expenses or travel time beyond Southern Califomia) must be approved by the City Attorney in
writing and in advance. No compensation shall be allowed lor general overhead or support
services such as typing, word processing, scanning hard-copy documents lo .pdf Iormat,
secretanal lime of any nature (normal, overllow, or overtime), clerical work, Lexis or Westlaw,
equipment rental, calendaring, setting up liles, updating files, computer time or service, nor any
other expense not itemized in the approved Case Budget or otherwise approved by the City
Anorney. There shall be no mark-ups on outside services.
4.3 The City Attorney must approve in advance any single disbursemenl item
in excess ol $500.00, including, but not limited to, investigators, copying, and experts.
Requests ,or costs exceeding S500.00 shall contain a recommendation ol alternative
inlormation services, including use ot City employees. Associate Counsel will use City Statl in
lieu of outside experts whenever feasible.
4.4 The City expects moderation wilh regard to all expenses.
4.5 Method of Billino.
Unless othenivise agreed, Assoclate Counsel shall provide monthly bills
unless rees and costs lor a particular month are insigniticant (te., 5500 or less), in which case
such charges will be added to the ,ollowing month's bill. The lollowing inlormation musl be
provided in monthly bills:
F.
A detailed description ol work, in time increments of .1 hour (one lenth ol an
houo lor and by each and every individual billing services. Associate
Counsel shall keep lhe City advised regarding the identity and the billing
rates of those people who work on the litigation account.
ldentification ot the lawyer who is in charge ot the matter.
Detailed disbursement breakdowns, including the nature and purpose ol each
disbursement.
Each billing item will be separately stated on a separate line identilying the
biller, the time spenl, and the exact nalure ol the service rendered. Narrative
billing and block billing are unacceptable. For example, il numerous tasks are
underlaken in one day, each should be identilied with a speci{ied time lor
pedorming that task, i.e. a telephone call, a court appearance, a meeting or
legal research. All lasks perlormed on the same day should be entered as
separate entries, identitying the time spent on each. Telephone conlerences
should specify the participants and the subject maner discussed. The City will
not pay lor vague descriptions lor services which do not state the precise
nature of the work performed and the need for the work. Words such as
'research','strategy','analysis','discovery','conlerence','preparalion',
'case management.,'memorandum','correspondence','telephone call' or
'meeling', wilhout an explanation ol (1) the specilic topic or subject maner.
(2) lhe persons involved, and (3) the need theretor, do nol allow lor
accounlability and are therefore non-reimbursable.
The City will not pay lor inter-oftice conferences among anorneys/billers
unless a conference is a necessary strategy meeting relating to some
signiricant legal issue or event, such as an upcoming trial, and then only one
attorney may be billed. Where charges are made for conferences, the
specific reason and need tor each conterence must be staled in detail, and
the participants identilied.
Where charges are made lor research time, the specrric issue being
researched and the need must be identilied. City has retained Associate
Counsel tor its expertise, and therefore expects not to be billed tor
introductory or background research. The City will not pay lor anomeys, law
clerks and paralegals educating themselves or doing work ol a transient
nature on the case.
B.
D.
E.
G. The City expects the attomey assigned to the case to handle all significant
maners in the case. lf other anorneys are assigned to assist the primary
attorney, the City must be notified. The City may requesl that ihe assigned
work be instead handled by the primary attomey. Thus, only those attomeys
or persons approved in advance by the City may bill on the case. Upon City
request, resumes will be provided for all persons (other lhan clerical or
secretarial) working on the case.
H. No more than two non-anorney support staff may bill on a particular case
without the prior approval ol the City.
l. One paralegal may be used. Assignment of work to such paralegal should not
resull in duplicative work by the attorneys, or reworking of paralegal's work.
Paralegal shall not perrorm clerical work, such as liling, indexing, dale-
stamping, organizing, elc., but shall perform work such as research,
summarizing depositions, investigation. interviews of wilnesses, etc.
J. Upon request, each item billed must be coded to a specific budget line item,
so a bill may be easily compared with the approved budget.
K. A tracking system must be set up to periodically, at least every six months, to
compare the amounl ol work completed to a percentage of the budget
absorbed.
L. The City Attorney reserves the right to request various levels ol detail and
specilic formats (such as columnar comparisons with established budgets).
M. The City will not pay for more than one biller doing any task (e.9. two or more
attorneys anending the same depositions or the same court appearances, a
biller redoing the work of another biller, or duplicative entries lor reviewing
and analfzing documentation and legal research).
N. Charges for time spent complying with billing inquiries and/or City audits are
non-reimbursable.
O. Photocopies ol deposition transcripts shall be made whenever possible lo
reduce deposrtion expenses.
P. No finance charge or interest will be paid by the City, nor billed by Associate
Counsel.
4,6 Timino ol Pavmenl.
The City shall pay Associate Counsel tor seMces rendered and costs
incuned hereunder, at the rates and in the amounts provided hereunder, on a monthly basis.
Associate Counsel shall not engage or otherwise incur an obligation to
5.0
pay other counsel, specialists or experts for services in conneclion with this Agreement without
the prior wiflen approval ol the city Anomey.
6.0
Sub,ect to the applicable provisions of the Rules of Professional Conduct
of the State Bar of California, this Agreement and all legal services to be rendered hereunder
may be terminated at any time by written notice from either party with or without cause. ln such
event, all finished or unfinished documents, project data and reports, both originals and all
duplicate copies, in all ,orms and media requested by the City, shall immediately be tumed over
to the possession of City, which owns all such materials. ln the event ol such termination,
Associate Counsel shall be paid for all satisfactory work, unless such lerminalion is made for
cause, in which event compensation, iI any, shall be adiusted, in the Ci!y's sole discrelion, in
light ol the particular facls and circumstances involved in such termination.
7.O lnlerest of Members ol Local Public Aoencv.
No member o, the governing body of the City, and no other otf icer,
employee or agenl of the City who exercises any discretion, function or responsibility in
connection with lhe carrying out ol any proiect to which this Agreement pertains, shall have any
personal inlerest, direct or indirect, in this Agreement.
8.0 lnterest ol Counsel.
Associate Counsel agrees to secure the informed written consent of lhe
City Anorney before accepting any representation adverse to the City (actual or apparent)
during the term of lhis Agreement, and to forego such representation il the City Attorney, in his
sole discretion, obiecls lor any reason.
9.0 General Procedures.
9.1 Copies ol maior documents, conespondence and periodic status
reporls shall be submined to keep the City Attomey advised of any
maior developments in the matter. Once the Plan is approved,
Associate Counsel need not advise the City ol each and every
step being taken. As long as Associate Counsel is comptying with
lhe Plan, it should provide periodic reviews and information on
signilicant maners. The City does not, however, want boilerplate
rouline leners announcing each and every procedural slep being
taken.
10.0
A copy of the City Anorney's Policy for lnvestigation and Discovery
Assistance is anached herelo as Exhibit 'C" which is attached hereto and ,ully incorporated
herein by relerence.
'I 1 .0 Conrlict ol lnterest.
Associate Counsel certifies thal no member, officer or employee of the
Associate Counsel is an oflicer or employee ol the City of Vernon except to the extent permitted
by law.
Associate Counsel agrees to secure the inlormed written consent of the
City Attorney betore accepting any representation adverse to the City (actual or apparent)
during the term o, this Agreement, and to lorego such representation i, the City Anorney, in
hiyher sole discretion, oblects for any reason.
12.0 Maintenance and lnsoection of Records.
12.1 The City and any other Federal, State or local governmental
agency, and any of their authorized auditors or representatives,
shall have access to, and the right to audit and reproduce any ot
Associate Counsel's records to the extent the City or such other
governmental agency deems necessary to ensure that City is
paying only the amounts to which Associate Counsel is properly
entilled or lor other purposes relating to the Agreement.
12.2 Associate Counsel shall maintain and preserve all such records
lor at least three (3) years after lermination of the Agreement or
until an audit has been completed and accepted in writing by City.
Upon written notice by the City, the Associate Counsel shall
promptly make all such records available to auditors or other
representatives of the city or other govemmenlal agencies.
12.3 lt Associate Counsel does not maintain such records in the City of
Vernon, Associate Counsel shall either deliver said records at its
expense to Vemon or shall promptly reimburse City for all
reasonable costs incurred in conducting lhe audit at a location
olher lhan the City of Vemon, including, but not limited to,
expenses tor personnel, salaries, private auditors, lodging, meals,
and overhead.
13.0 lndemniw.
Associate Counsel agrees to indemnify City, its officers, elected otficials,
employees and agents against, and will hold and save each ol them harmless trom, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities (herein "claims or liabilities'), including but not limited to
professional negligence, that may be asserted or claimed by any person, lirm or entity arising
out of or in connection wilh the work, operations or activities of Associate Counsel, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the acts or
omissions ol Associale Counsel hereunder, or ansing from Associate Counsel's performance ol
or lailure to perform any term, provision, covenant or condition oI this Agreement, except lo the
extent such claims or liabilities arise lrom the gross negligence or willrul misconduct of City, its
otficers, elecled officials, agents or employees.
14.0 INSURANCE.
Associate Counsel shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set lorth below, lor the duration of the
Agreement, inc-luding any exlensions thereto.
14.1 Automobile Liability with minimum limits of at least
S100,000/300,000/500,000 i{ written on a personal automobile
liability lorm, lor using a personal vehicle; or an amount o,
S500,000 including owned, hired, and non-owned liability
coverage if written on a Commercial automobile liability torm.
14.2 General Liability with minimum limits of at least $ 1,000,000
combined single limits wrinen on an lnsurance SeMces Office
(lSO) Comprehensive General Liability 'occurrence' form or ils
equivalent lor coverage on an occurrence basis.
Premiseyoperations and Personal lnjury coverage is required.
The City ol Vernon, its Council, commissioners, oflicers,
employees, agents, and volunteers registered with the City of
Vernon must be endorsed on the policy as addilional insureds as
respects liability arising out of the Associate counsel's
perlormance ol this Agreement.
14.3 Prolessional Errors and Omissions coverage in a sum ol at least
S1,000,000. lf a claims-made policy is obtained, a "tail' ol at least
three years shall be purchased il non-renewed within three (3)
years of completion ol performance under this Agreement.
Applicable aggregates must be identified and claims history
provided to determine amounts remaining under the aggregate.
14.4 Associate Counsel shall comply with the applicable sections of the
California Labor Code concerning workers' compensation lor
iniuries on the iob. Compliance is accomplished in one of the
lollowing manners:
1 4.4.'l Provide copy ol permissive sell-insurance certiricate
approved by the State of Calilomia; or
14.4.2 Secure and maintain in torce a policy of workers'
compensation insurance with statutory limits and
Employe/s Liability lnsurance with a minimal limit of
$l ,000,000 per accident. The policy shall be endorsed to
waive all rights of subrogation against City, its Council,
commissioners, otf icers, employees, and volunleers lor
losses arising lrom performance of this Agreement; or
14.4.3 Provide an insurance exemption form certifying that no
employees subject to workers' compensation law will be
used in pertormance of this Agreement.
14.4.4 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be canceled
except after thirty (30) days' prior written notice to City.
14.4.5 lnsurance shall be placed with insurers with a Best's rating
of no less than B:Vlll.
14.4.6 Prior to commencement ol pertormance, Associate
Counsel shall {urnish City with a certilicate ot insurance lor
each policy. Each certilicate is to be signed by a person
authorized by that ansurer to bind coverage on its behalf.
The certificate(s) must be in a form approved by City. City
may require complete, certilied copies ot any or all policies
at any time.
14.4.7 Failwe to maintain required insurance at all times shall
constitule a default and material breach. ln such event,
Associate Counsel shall immediately notity City and cease
all performance under this Agreement until ,urlher directed
by the Cily. ln the absence ol satisfactory insurance
coverage, City may, at its option: (a) procure insurance
with collection rights ,or premiums, anorney's ,ees and
costs against Associate Counsel by way ol set-otf or
recoupmenl from sums due Associate Counsel, at Citys
option; (b) immediately terminate this Agreement; or (c)
sell-insure the risk, with all damages and costs incurred, by
iudgment, settlement or otherwise, including attomeys
tees and costs, being collectible from Associate Counsel,
by way of set-off or recoupment trom any sums due
Associale Counsel.
15.0 Choice ol Forum.
This Contract shall be governed by and construed in accordance with the
laws ol the State o, Calilomia. Associate Counsel agrees thai lhe State and Federal courts
which sit in the State of Calilornia shall have exclusive jurisdiction over all controversies and
disputes arising hereunder, and submits to the junsdiction thereol.
16.0 lncorporation bv Reterence.
This contract incorporates by relerence the Request lor Proposal and
specrrications therein, and all attachments, and the Proposal by A$o";"t"
"ounsel,
and all
attachments.
17.O Order of Precedence.
ln case of conllict between the terms ol this Agreement and lhe terms in
any document attached as an exhibil or otherwise incorporated by reference, the terms ot this
Agreement shall striclly prevail.
18.0 Livino Waoes.
Associate Counsel working on City service contracts ol any amount, as to
10
all employees spending time on City contracts, shall observe the City's LMng Wage Ordinance
and all requiremenls thereol al all times on City conlracls. The Current Living Wage Standards
are set rorth in Exhibit "D". Upon request, certified payroll shall be provided to the City.
19.0 Eoual Emplovment Oooortunitv Practices.
Associate Counsel certifies and represents that, during the perrormance
ot this Agreement, it and any other parlies with whom it may subcontract shall adhere to equal
employment opportunity practices to assure lhat applicants, employees and recipients ol service
are treated equally and are not discriminated against because o, their race, religion, color,
national origin, anceslry, disability, sex, age, medical condition, sexual orientation or marital
status. Associate Counsel furlher certifies that it will not maintain any segregated lacilities. The
Equal Employment Opportunity Practices provisions are set forth in Exhibit "E".
20.O EthicalGuarantees.
20.1 Associate Counsel warranls thal no gratuities (in the form of
enterlainmenl, gfts, or otherwise) were otlered or given by Associale Counsel, or any agent of
representative ol Associate Counsel, to any otticer or employee of City with a view loward
securing this Agreement or tavorable treatment with respect to any determinalion concerning
the perlormance ol this Agreement. ln the event of breach ol this warranty, City shall be entitled
lo pursue the same remedies including, but not limited to, termination, against Associate
Counsel as it could pursue in the event ol Associate Counsel's default.
2O.2 Associate Counsel and its members shall comply with all
applicable lederal, state and local laws and regulations, including the conllict of inlerest
proMsions of Govemment Code Section 1090 and the Political Relorm Act (Government Code
Section 81000 et seq.).
21.0 Riohl to Otfsel Claims for Monev.
All claims ol money due or to become due from City shall be subiect to
deduction or otlset by City lrom any monies due Associale Counsel by reason ol any claim or
counterclaim arising out of: (i) this Agreement, or (ii) any purchase order, or (iii) any olher
transaction with Associate Counsel.
22.O Modification.
Any moditication of this Agreement will be etlective only il it is in writing
signed by all pariies to this Agreement, and, where applicable, il it is approved by City Council-
23.0 Severabilitv/Partial lnvaliditv.
ll any term or provision of this Agreement, or the application of any term
or provision ot this Agreement to a particular situation, shall be tinally found to be void, invalid,
illegal, or unenforceable by a court ot compelenl iurisdiction, then .rotwithstanding such
determinalion, such lerm or provision shall remain in lorce and etlect to the extent allowed by
such ruling and all other terms and provisions ol this Agreement or the application ol this
Agreement to other situations shall remain in lull lorce and etfec{. Notwithstanding the
11
loregoing, il any material term or provision of this Agreement or the application ol such material
term or condition to a parlicular situation is linally round to be void, invalid, illegal, or
unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good
faith and ,ully cooperate with each other to amend this Agreement to carry out its intent.
24.O Time of the Essence.
Time is of the essence in lhe pertormance ol lhis Agreemenl.
25.O No assignment by a party hereto ol any rights under or interest in this
Agreement will be binding on another party hereto without the wrinen consent ol the party
sought lo be bound; and specifically but without limitalions, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
ettect ol this restriction may be limited by law), and unless specilically state to the contrary in
written consent to an assignment no assignment will release or discharge the assignor lrom any
duty or responsibility under the Agreement.
[Signatures Begin on Next Page].
t2
lN WITNESS WHEBEOF, the City and Associate Counsel agree as set lorlh
hereinabove.
DATED:OF VERNON, a Caljfornia charter City
Calilornia municipal corporation
Hema Patel, City Anorney
IASSOCIATE COUNSEL'S NAMEI, a [Slate
incorporated inl corporation
By:
Name:
Title:
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attorney
CITY
and (
By: -
13
DATED:
EXHIBIT A
SCOPE OF SERVICES
14
EXHIBIT B
LAW FIRM
xxxxxxxxxxxxxxxx
Los Angeles, CA XXXXX
(xxx) xxx-xxxx
Hema Patel
City Attorney
City of vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Plaintitl v. City ol Vernon
City Anorney No.: XXXXX
Dear Mrs. Patel:
The ,ollowing hourly lees are agreeable:
A) lnsert Partner Name], Partner S
B) finsert Associate Name]. Associate $
C) One paralegal
Very truly yours,
For the Firm
15
EXHIBIT C
POLICY FOR INVESTIGATION AND DISCOVERY ASSISTANCE
The following sets lorth the policy of this oflice regarding investigation and other assistance in
the detense ot liability cases involving the City ot Vernon or City employees. The obiective is to
provide current and long-range investigative assislance and guidance on all liability cases.
1 . Copies ol the summons, complaint and claims investigation reports, it available, will be
lonvarded to Associate Counsel upon assignment ol the lawsuil to derense counsel.
2. Associate Counsel, in evaluating the lawsuit, is to advise the City Attorney as to lurther
investigative needs. The services ol an investigatlng agency, approved bythe City
Anorney, may be requested to assist Associate Counsel in their investigation. The agency
is to lurnish this office with copies ol all its reports.
3. After receiving Associate Counsel's request, the investigating agency commences the
specified investigation and oullines its recommendations for additional investigalion, but
does not commence such additional investigation until specilically requesled by Associate
Counsel to do so.
4. ln addition to investigation, the investigating agency assists with such discovery, needed
diagrams, pholographs and other inlormation as may be requested by Associate Counsel.
5. Associate Counsel is requested to review the claims investigation file sent with the
assignment o, delense so as to preclude unnecessary or duplicate investigative expenses.
5. Copies ol the Vernon Municipal Code and other City documents can be readily oblained
from the City Attorney's Otfice.
7. Attendance at mandatory settlement conterences will include only Associate Counsel and
an attorney trom the City Attomey's Otlice. Neither the Claims Coordinator nor
investigators shall attend unless specilically requesled to do so by this oftice.
16
EXHIBIT D
LIVING WAGE PROVISIONS
fldllc4flEsiU3ses:
A requirement that Employers pay qualifying employees a wage of no less than 510.30 per hour
with health benetits, or $1 1 .55 per hour without health benefits.
PeI!-@!L!I!E!d!s@:
Employers provide qualifying employees at least twelve compensated days otf per year for sick
leave, vacalion, 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 lor back pay, treble damages for willful violations, and
anorney's fees, or to compel City ofricials to terminate the service contracl of violating
employers.
!7
A
EXHIBIT E
EOUAL EMPLOYMENT OPPORTUNITY EMPLOYMENT
PRACTICES PROVISIONS
Associate Counsel certifies and represents lhat, during the pertormance of this Agreemenl,
the contractor and each subcontractor shall adhere to equal opportunity employment
practices to assure that applicanls and employees are treated equally and are not
discriminaled against because of their race, religious creed, color, nalional origin, ancestry,
handicap, sex, or age. Conlractor turther certilies that it will not maintain any segregated
facilities.
Associate Counsel agrees that it shall, in all solicitations or advertisements lor applicants
for employment placed by or on behalf of Associate Counsel, state lhat it is an'Equal
Opporlunity Employer' or that all qualified applicants will receive consideralion lor
employment without regard to their race, religious creed, color, national origin, ancestry,
handicap. sex or age.
Associate Counsel agrees that it shall, il requested to do so by the City, certify that it has
not, in the perlormance of this Agreement, discriminated against applicants or employees
because ol their membership in a protecled class.
Associate Counsel agrees to provide the City wilh access lo, and, if requested to do so by
City, through its awarding authority, provide copies ol all ot its records pertaining or relating
to its employment practices, except to lhe exlent such records or porlions of such records
are conlidential or privileged under state or federal law.
Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act ryhich is prohibited by law.
C.
D.
18
B.
E.
EXHIBIT B
EXHIBIT B
Rutan & Tucker, LLP
61 1 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
(714) 641-5100
Hema Patel
City Attorney
City ol Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Specialized Outside Legal Services
Dear Mrs. Patel:
The following hourly fees are agreeable:
General Advisory/Transactional Matters
A) Partner $ 350.00
B) Associate $ 275.00
C) One paralegal $ 160.00
Litigation Belated Matters
Partner $ 370.00Associate $ 295.00
One paralegal $ 175.00
A)
B)
c)
Very truly yours,
Edson Mcolellan, Partner
EXHIBIT C
EXHIBIT C
POLICY FOR INVESTIGATION AND DISCOVERY ASSISTANCE
The lollowing sets lorth the policy of this office regarding investigation and other assistance in
the detense of liability cases involving the City of Vernon or City employees. The objective is to
provide current and long-range investigative assistance and guidance on all liability cases.
1 . Copies ol the summons, complaint and claims investigation reports, i, available, will be
fonararded to Associate Counsel upon assignment of the lawsuit to defense counsel.
2. Associate Counsel, in evaluating the lawsuit, is to advise the City Attorney as to further
investigative needs. The services ol an investigating agency, approved by the City
Attorney, may be requested to assist Associate Counsel in their investigation. The agency
is to furnish this oftice with copies ol all its reports.
3. After receiving Associate Counsel's request, the investigating agency commences the
specified investigation and outlines its recommendations tor additional investigation, but
does not commence such additional investigation until specilically requested by Associate
Counsel to do so.
4. ln addition to investigation, the investigating agency assists with such discovery, needed
diagrams, photographs and other inlormation as may be requested by Associate Counsel.
5. Associate Counsel is requested to review the claims investigation file sent with the
assignment ol delense so as to preclude unnecessary or duplicate investigative expenses.
6. Copies of the Vernon Municipal Code and other City documenls can be readily obtained
lrom the City Anorney's Office.
7. Attendance at mandatory settlement conlerences will include only Associate Counsel and
an attorney lrom the City Attorney's Office. Neither the Claims Coordinator nor
investigators shall attend unless specifically requested to do so by this office.
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
UllltlggLivils-lUsE:
A requirement that Employers pay qualifying employees a wage ol no less than $10.30 per hour
with health benefits, or $1 1.55 per hour without health benefits.
Ee!!-eE-U!E!{9ev$:
Employers provide qualifying employees at least hvelve compensated days oft per year for sick
leave, vacation, or personal necessity, and an additional ten days ayear ol 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 Courl against an employer for back pay, treble damages for willtul violations, and
attorney's fees, or to compel City officials to terminale the service contract of violating
employers.
EXHIBIT E
c.
D.
EXHIBIT E
EOUAL OPPORTUNITY EMPLOYMENT
PRACTICES PROVISIONS
Associate Counsel 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 againsl because of their race, religious creed, color, national origin, ancestry,
handicap, sex, or age. Contractor further certifies that it will not maintain any segregated
lacilities.
Associate Counsel agrees that it shall, in all solicitations or advertisements for applicants
for employment placed by or on behall of Associate Counsel, state that it is an "Equal
Opportunity Employer" or that all qualified applicants will receive consideration tor
employment without regard to their race, religious creed, color, national origin, ancestry,
handicap, sex or age.
Associate Counsel agrees that it shall, il 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.
Associate Counsel agrees to provide the City with access to, and, if requested to do so by
City, through its awarding authority, provide copies of all ol its records pertaining or relating
to its employment practices, except to the extent such records or portions ol such records
are contidential or privileged under state or lederal law.
Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, TUESDAY, APRIL 16, 2019, IN
COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
Members Present:Yvette Woodruff-Perez, William Davis, Luz Martinez (Outgoing
Councilmember), Leticia Lopez, Melissa Ybarra, Carol Menke (Newly
Elected Councilmember)
Members Absent:None
CALL TO ORDER & FLAG SALUTE
The meeting was called to order at 9:00 a.m. by Mayor Woodruff-Perez; she also led the flag
salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that Agenda Item No. 1 wasupdated with the latest information
as to the results of the second and final canvassing of the April 9, 2019, General Municipal
Election.
PUBLIC COMMENT
No public comment provided.
ELECTIONS
1.A Resolution of the City Council of the City of Vernon, California, Reciting
the Fact of the General Municipal Election held on April 9, 2019, Declaring
the Result and Such Other Matters as Provided by Law
Recommendation:
A. Find that the proposed actions are exempt from California Environmental
Quality Act (“CEQA”) review, because each is an administrative activity of
government that will not result in direct or indirect physical changes in the
environment, and therefore do not constitute a “project” as defined by CEQA
Guidelines section 15378. Moreover, even if the activity in question were a
project, it would be exempt from CEQA review, in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Adopt a Resolution declaring the results of the General Municipal Election
held April 9, 2019, declaring that Carol R. Menke is elected to the Office of
Member of the City Council.
Regular City Council Meeting Minutes
April 16, 2019
Page 2 of 7
City Clerk Maria Ayala reported on the final election results.
No public comment provided
It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that the proposed
actions are exempt from California Environmental Quality Act (“CEQA”) review, because each is
an administrative activity of government that will not result in direct or indirect physical changes
in the environment, and therefore do not constitute a “project” as defined by CEQA Guidelines
section 15378. Moreover, even if the activity in question were a project, it would be exempt from
CEQA review, in accordance with Section 15061(b)(3), the general rule that CEQA only applies
to projects that may have an effect on the environment; and B. Adopt a Resolution declaring the
results of the General Municipal Election held April 9, 2019, declaring that Carol R. Menke is
elected to the Office of Member of the City Council. Motion carried, 5 - 0.
Yes:Yvette Woodruff-Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa
Ybarra
No:None
City Clerk Maria Ayala administered the Oath of Office to newly elected City Councilmember
Carol Menke.
Councilmember Carol R. Menke said a few words and thanked everyone who supported her
candidacy and the Vernon voters who elected her to serve as a member of the City Council.
Councilmember Luz Martinez completed her term of office and stepped down from the dais, and
new Councilmember Carol Menke assumed her Council seat at the dais.
2.Election of Mayor and Mayor Pro Tempore
Recommendation:A. Find that election of Mayor and Mayor Pro Tempore
do not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines
to the California Environmental Quality Act (“CEQA”), because it constitutes
an administrative activity that will not result in direct or indirect physical
changes to the environment; and even if the proposed actions did constitute a
project, they would be exempt from CEQA in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Elect one of its members as Mayor; and
C. Elect one of its members as Mayor Pro Tempore.
City Clerk Maria Ayala provided the report and announced that items B and C would be addressed
individually, and action taken on each would also include Item A.
Regular City Council Meeting Minutes
April 16, 2019
Page 3 of 7
No public comment provided.
It was moved by William Davis and seconded by Carol Menke to elect Councilmember Melissa
Ybarra as Mayor for one year term. Motion carried, 4 - 0.
Yes:William Davis, Leticia Lopez, Melissa Ybarra, Carol Menke
No:None
Abstain: Yvette Woodruff-Perez
It was moved by Melissa Ybarra to elect Leticia Lopez as the Mayor Pro Tempore for one year
term. Motion died for lack of second.
It was moved by Carol Menke to elect William Davis as the Mayor Pro Tempore for one year term.
Motion died for lack of second.
It was moved by Melissa Ybarra and seconded by Yvette Woodruff-Perez to elect Leticia Lopez
as the Mayor Pro Tempore for one year term. Motion carried, 5 - 0.
Yes:Yvette Woodruff-Perez, William Davis, Leticia Lopez, Melissa Ybarra, Carol
Menke
No:None
At this time Mayor Ybarra and Mayor Pro Tem Lopez assumed their new positions.
PRESENTATION
3.Employee Service Pin Awards for March 2019
Recommendation:No action required by City Council. This is a presentation
only.
Human Resources Director Michael Earl announced the Service Pin Awards recipients.
Mayor Melissa Ybarra presented the pins to Firefighters Norm Sutherlin and Derek Meyer, who
were in attendance.
4.Proclamation Honoring Retiring Council Member Luz Martinez
Recommendation:A. Acknowledge and present a proclamation and
commemorative flag to retiring City Council Member Luz Martinez in
recognition of her dedicated service to the City of Vernon.
City Clerk Maria Ayala read the proclamation.
City Council presented the proclamation and commemorative flag to former Council Member Luz
Martinez.
Regular City Council Meeting Minutes
April 16, 2019
Page 4 of 7
Antonio Chapa, District Director/Veteran and Homeless Liaison for the Office of Hilda Solis, First
District Supervisor, presented a Certificate of Recognition to former Council Member Luz
Martinez.
Former Councilmember Luz Martinez said a few words and thanked everyone for the support she
received during her tenure.
Marissa Olguin, Vernon Chamber of Commerce, thanked former Council Member Martinez for
her years of service and leadership.
City Administrator Carlos Fandino said a few words on behalf of the City to former Council
Member Martinez and thanked her for her leadership and good governance.
Mr. Chapa also presented a Certificate of Recognition to outgoing Mayor Yvette Woodruff-Perez.
Mayor Melissa Ybarra recessed the meeting at 9:28 a.m.
Mayor Ybarra reconvened the meeting at 9:37 a.m.
CONSENT CALENDAR
5.Claim for Damages from Saul Romero received on April 9, 2019
Recommendation:A. Receive and File
6.Claim for Damages from Francisco Molina received on April 10, 2019
Recommendation:A. Receive and File
7.Minutes of the Regular City Council Meeting Held on April 2, 2019
Recommendation:A. Receive and File
8.Approval of City Payroll Warrant Register No. 754 Covering the Period of
March 01 through March 31, 2019
Recommendation:A. Approve City Payroll Warrant Register No. 754 which
totals $2,901,559.93 and consists of the following:
1) Ratification of direct deposits, checks and taxes totaling $2,277,051.04.
2) Checks and electronic fund transfers (EFT) paid through General bank
account totaling $624,508.89.
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. 11 to record voided Check No.
601409 in the amount of $5,456.56 issued 11/20/18 to United 26, Inc.
2) Operating Account Warrant Register No. 19 to record voided Check No.
602510 in the amount of $385.00 issued 03/21/19 to Gray, Brandon.
Regular City Council Meeting Minutes
April 16, 2019
Page 5 of 7
10.Approval of Operating Account Warrant Register No. 20 Covering the Period
of March 26 through April 08, 2019
Recommendation:A. Approve Operating Account Warrant Register No. 20
which totals $3,558,082.46 and consists of the following:
1) Ratification of electronic payments totaling $3,068,414.63.
2) Ratification of the issuance of early checks totaling $442,684.98.
3) Authorization to issue pending checks totaling $46,982.85.
11.Fire Department Activity Report for the Period of March 16 through March
31, 2019
Recommendation:A. Receive and file.
12.Vernon Police Department Activity Log and Statistical Summary for the
period of March 16 through March 31, 2019
Recommendation:A. Receive and file.
No public comment provided.
It was moved by William Davis and seconded by Leticia Lopez to approved Consent Calendar
Agenda Items 5 through 12. Motion carried, 5 - 0.
Yes:Melissa Ybarra, Leticia Lopez, Yvette Woodruff-Perez, William Davis, Carol
Menke
No:None
ORAL REPORTS
Anthony Miranda, Police Chief, reported on the following: April 2nd Vernon PD participated in
the 2019 Los Angeles Dodger Law Enforcement Appreciation Night; April 5th, Detective Sergeant
Cross graduated from The Sherman Block Leadership Institute; and April 9th Vernon PD
apprehended and arrested a suspect for evading police and a no bail warrant.
Bruce English, Fire Chief, reported on the following: April 12
th Vernon FD responded to a
structure fire at Hobart Tower (photo displayed); April 24th, Vernon Professional Firefighter
Association is hosting their annual St. Baldrick’s Cancer Fundraiser & Los Angeles Children’s
Hospital blood drive at Fire Station 76; April 8th, Vernon FD units responded to Ameriteh
Corporation and found multiple bins of used rags on fire.
Todd Dusenberry, Assistant General Manager of Public Utilities,reported on the following: update
on the Water Replenishing District New Well Loan Program; Outages throughout the City.
William Fox, Director of Finance, congratulated Council Member Menke on a successful election.
Regular City Council Meeting Minutes
April 16, 2019
Page 6 of 7
Carlos Fandino, City Administrator, welcomed and congratulated newly elected Council Member
Carol Menke on her election victory.
Second Public Comment:
Eddie Tafoya, CEO Executive Director, Southeast Community Foundation, provided a brief
summary about the Southeast Community Foundation non-profit organization recently established
in the City of Vernon.
The City Council entered closed session at 9:48 a.m.
CLOSED SESSION
13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Assessor’s Parcel Numbers: 6314-003-001, 6314-003-800, 6304-007-800,
6304-010-806, 6314-033-802, 6314-033-271, and 6304-007-274
Agency negotiator: Carlos Fandino, City Administrator
Negotiating parties: Krystal Enterprises, LLC, Burlington North Santa Fe
Railway Company, and Los Angeles Department of Water and Power
Under negotiation: Price and Terms of Payment
14.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2)
Government Code Section 54956.9(d)(1)
Bicent (California) Malburg LLC et al. vs. City of Vernon et al.,
U.S. Dist. Ct. C.D. Cal., Case No. 2:19-cv-02178, removed from Cal. Sup.
Ct., Case No. 19STCV08859
Jerry Chavez v. City of Vernon
Los Angeles Superior Court Case No. BC719460
15.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2) and (4)
Number of potential cases: 1
The City is currently in a dispute with Bicent (California) Malburg, LLC
(“Bicent”), the owner and operator of the Malburg Generating Station
(“MGS”), and issued multiple Notices of Default under that certain Power
Regular City Council Meeting Minutes
April 16, 2019
Page 7 of 7
Purchase Tolling Agreement, dated as of April 10, 2008 (as amended, the
“PPTA”). Subsequently, Bicent has initiated suit against the City (see
“Existing Litigation” closed session item). The City’s Notices of Default
related to Bicent’s failure to timely repair equipment, failure to timely produce
documents requested under the PPTA, misrepresentation of available capacity,
and improper overbilling (by over $6 million). The City’s claims also include
various statutory claims arising out of the improper billing by Bicent of
Vernon.
At 10:34 a.m. City Council exited closed session. City Attorney Hema Patel reported that there is
no reportable action on Agenda Items Nos. 14 and 15. On Agenda No. 13 Council approved
appraisals of easements as just compensation to be offered to respective property owners.
ADJOURNMENT
With no further business, at 10:35 a.m. Mayor Melissa Ybarra adjourned the meeting.
________________________
Melissa Ybarra
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
City Council Agenda Item Report
Agenda Item No. COV-194-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: May 7, 2019
SUBJECT
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. 6 to record voided Check No. 600723 in the amount of $500.00 issued
08/23/18 to HSA Bank.
2) Operating Account Warrant Register No. 18 to record voided Wire No. 8044 in the amount of $23,779.50 issued
02/28/19 to Epic Land Solutions, Inc.
3) Operating Account Warrant Register No. 20 to record voided Check No. 602572 in the amount of $3,664.00
issued 03/28/19 to Reporting Systems, Inc.
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 registers to record the voided checks listed.
Fiscal Impact:
None.
ATTACHMENTS
City Council Agenda Item Report
Agenda Item No. COV-198-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: May 7, 2019
SUBJECT
Approval of Federal Funds for Street Improvements Account Warrant Register No. 27 Covering the Period of March
26 through April 29, 2019
Recommendation:
A. Approve Federal Funds for Street Improvements Account Warrant Register No. 27 which totals $1,835.10 and
consists of the following:
1) Ratification of electronic payments totaling $1,835.10.
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 Federal Funds for Street
Improvements Account Warrant Register No. 27 covering claims and demands presented during the period of March
26 through April 29, 2019, drawn, or to be drawn, from East West Bank for City Council approval.
Fiscal Impact:
None.
ATTACHMENTS
1. Federal Funds for Street Improvements Warrant Register No. 27
FEDERAT FUNDS FOR STREET IMPROVEMENTS
WARRANT REGISTER NO.27
MAY 7, 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..
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:
;;Jil*
William Fox
Finance Director
,.," API*TL 3o,zcfl
t
P(inted: 4 /3O /2079 1:49: l.8PM
FEDERAT FUNDS FOR STREET IMPROVEMENTS
WARRANT REGISTER NO.27
MAY 7, 2019
ETECTRON!C
IC@UI{T II{I'OIGE PAYI,EIIT PAYi/IEUI PAYMEI{T
VEI{DOR I{AME AIIO XUi/IBEN iUiiAER AI/IOUIIT OEsCRIPT|OI I I'OIC! P.O.' DAIE UMAEi AMOUMT
003975 - CNS ENGINEERS, INC 011.1043.900000 S 1,835.10 Consulting Services-80t749
o4/18/20L9 30 S 1,83s.10
TOTAL ETECTRONTC s 1,83s.10
Prinled: 4 130 /2019 1:49: 18PM
FEDERAT FUNDS FOR STREET IMPROVEMENTS
WARRANT REGISTER NO.27
MAY 7, 2019
RECAP BY FUND
ELECTRONIC TOTAT EARTY CHECK TOTAL WARRANT TOTAL GRAND TOTATS
011 - GENERAL
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED O
1,835.10
$ 1,83s.10 0.00
Ptinted: 4 I 3O/2O79 L:49: 18PM Pap,e 2 ot 2
0.00 s 0.00 s
0.00 s 1,835.10
City Council Agenda Item Report
Agenda Item No. COV-195-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: May 7, 2019
SUBJECT
Approval of Operating Account Warrant Register No. 21 Covering the Period of April 09 through April 29, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 21 which totals $8,439,597.49 and consists of the following:
1) Ratification of electronic payments totaling $7,894,498.85.
2) Ratification of the issuance of early checks totaling $482,673.74.
3) Authorization to issue pending checks totaling $62,424.90.
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. 21 covering claims and demands presented during the period of April 09 through April 29, 2019, drawn,
or to be drawn, from East West Bank for City Council approval.
Fiscal Impact:
None.
ATTACHMENTS
1. Operating Account Warrant Register No. 21
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
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.""'4J)J4-T
William Fox
Finance Director
,..", SRc iu 30, 2o\f
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:
Pti^ted: 4 /30 I 2019 2:06:51PM
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
PAYMEIYT PAYUEI{T ?AYM€TTaccoul{T ll{\lol(E
vENDon arrEar{DruMBd urrgtn '. aMou r DEscatmott tttlvo,lE! Po.* DAIE I'IuMBER aMourr
ETECTRONlC
oo24t2 - CALIFORNIA ISO
055.9200.500190 s
0ss.9200.s00210 s
055.9200.500170 s
055.9200.500150 s
0ss.9200.500170 s
055.9200.500190 s
055.9200.5001s0 s
055.9200.500151 s
0ss.9200.s00170 s
055.9200.500210 s
055.9200.s00240 s
0ss.9200.s00180 s
055.9200.500190 s
055.9200.500150 S 18,004.25 Recalculation Charges 03/19 20L90402324t548
034
201904023241548
034
20190402324t548
034
20L904023247548
034
20L90402324L548
034
201904023247548
034
20L90402324t548
034
20790402324L548
034
201904023241548
034
201904023241548
034
20L904023241s48
034
20190402324L548
034
20L90402324t548
034
20190402324Ls48
034
767.24 Recalculation Charges 03/19
156.38 Recalculation Charges 03/19
-3,872.54 Recalculation Charges 03/19
5.00 Recalculation Charges 05/16
3.19 Recalculation Charges 05/16
-12.30 Recalculation Charges 06/15
44,612.97 lnitial Charges 03/19
9,395.86 lnitial Charges 03/19
L,012,OL5.42 lnitial Charges 03/19
14,259.53 lnitial Charges 03/19
6,926.22 lnitial Charges 03/19
-L,765.52 lnitial Charges 03/19
-10,400.44 lnitial CharBes 03/19
P(inied: 4 /30 /2019 2:06:51PM PaRe 1 of 71
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ELECTRONIC
ACCOUNT INVOICE PAYMENT PAYMEI{T PAYMII\I
VEI{DOR I{AME AND NUMBER I{UMEER AIVTOUITT DEsCRIPNON |NVOICE P.O.' DATE NUMBER AMOUI{T
o4l09/20L9 8199 s 1,090,097.26
005506 - BEST BEST & KRIEGER, LLP 011.1024.593200 s 280.00 Re: General Municipal Matters 844508
04/09l2or9 8200 s 280.00
000209 - MERRTMAC ENERGY GROUP 011.1033.570000
011.1033.s70000
011.1033.s70000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
3,383.90 Diesel Fuel-
6.00 AB32 Fee
2.79 Federal Oil Spill Tax
458.72 State Diesel Excise Tax
1.30 Lust Fee
517.58 Clear Diesel Sales Tax
1,969.66 Unleaded Fuel-
2.82 CA Enviro/Fed Oil Spill Tax
1.20 CA Childhood Lead Fee
3.11 AB32 Fee
334.02 State Gasoline Excise Tax
0.80 Lust Fee
104.02 Fuel Sales Tax 4.50%
s
s
S
s
s
s
s
S
s
s
s
S
s
2190868
2190868
2190868
2190868
2190868
2190858
2190870
2190870
2190870
2190870
2190870
2790870
2190870
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
011.0013701
04/09/20L9 8201 s 6,795.92
OO57O9. NOBEL SYSTEMS, INC
4,100.00
Prioted: 4 I 30/ 2Ol9 2:06:51 PM
05s.9100.s90110 s 4,100.00 GIS System Update 14530
04l09/2O1e 8202 s
Pape 2 of 71
ClW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
. ]iI ACCOU T INVOICE PAYi/|ENT PAYMEIIT PAYMENT
VENOOR NAME AI{D I{UMBER I NUMAER AMOUI{T DE$CNIPIIO|\| NVOICE P.O.} DATE NUMBER AMOUNT
005433 - RUTAN & TUCKER, LLP 011.1024.593200 5 24,030.79 Re: Torres/Ong Lidgation
011.1024.593200 S 70.00 Re: Torres Arbitration
011.1024.593200 S 1,305.20 Re: Torres/Ong Litigation
011.1024.593200 S 2,139.69 Re: Ong Yiu Arbitration
832701
832829
833152
833154
04/09/2019 8203 s 27,s4s.68
m5149 - SHARE CORPORATION 011.1049.520000 S 528.00 Car Wash &waruhra-6-rgillon 85106 011.0013690
011.1049.520000 S 129.00 coilcleaner, *80610103. 85105 011.0013590
011.1049.s20000 S 138.60 Frel8ht 85106 011.0013690
011.1049.520000 S 71.91 Sales Tax 9.5% 85106
ulo9lzot9 8204 $ 967.57
001558 - WATER REPIENI5HMENT 020.1084.500110 5 177,219.03 GDundwater Prcduction & Alsessment 031119
DISTRET ulo9l2ot9 8205 s 177,219.03
004856 - MELTSSAYBARRA 057.1057.550000 s 243.90 Reimb. lnternet charges Lol78-o3lt9 040419
04/0912019 8205 s 243.90
000257 - BROADBAND LLC 057.1057.500173 5 5,922.00 lnternet Access Services 4L5L92003744
o4lrLlz0lg 8207 s 5,922.00
Printed: 4 /3O /2079 2:05:51PM Paae 3 of 71
ClW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
ETECTRONIC
ACCOUXT NVOrcE ,. PAYMEMI PAYMCIIJI PAYMEI\II
VEI{DOi I{AME AI|D IUMAER TUMSER AMOI'I{T DESCRIP!|O I I'OICE ,,,, E.O.T DAIE XUMSTIR AMOUiII
005236 - SUEZ WTS SERVICES USA, INC 011.1033.590000 S 113.88 Water Purification Services
011.1033.590000 S 113.88 Water Purification Services
011.1033.590000 S 55.94 Water Purification Services
011.1033.590000 S 99.04 Water Purification Services
99723815
99723883
99723884
99750903
14/LL/2O79 8208 s 383.74
000249 - FEDEX 055.9000.520000 S 25.28 Period: 03/19
011.1025.520000 S AZl0 Period:03/19
011.1050.520000 S 25.15 Period:03/19
648443573
64909s7s7
6490957s7
04171/2079 8209 s 133.13
Printed: 4/30/2019 2:06:51PM PaEe 4 of 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
OO24L2 - CALIFORNIA ISO 0ss.9200.500150 s
055.9200.500170 s
0ss.9200.s00190 s
055.9200.500150 s
055.9200.500170 s
0ss.9200.500190 s
055.9200.s00150 5
055.9200.s00190 s
055.9200.500210 s
0ss.9200.500170 s
055.9200.s001s0 s
0s5.9200.s00170 s
0ss.9200.500190 s
0s5.9200.s00210 s
Recalculation Charges 06/18
Recalculation Charges 05/18
Recalculation Charges 06/18
Recalcu lation Charges 09/17
Recalculation Charges 09/17
Recalculation Cha rges 09/17
Recalculation Charges 03/19
Recalculation Charges 03/19
Recalculation Charges 03/19
Recalculation Charges 03/19
lnitial Charges 04/19
lnitial Charges 04/19
lnitial Charges 04/19
lnitial Charges 04119
201904093141604
368
201904093141604
368
201904093141604
368
201904093141504
358
201904093141604
368
201904093141604
358
201904093141504
368
201904093141504
358
201904093141604
368
201904093141504
358
201904093141604
368
201904093141604
368
201904093141504
358
201904093141604
368
2,474.53
21.O5
-19.50
-L23.42
-205.22
2.96
t2,258.42
376.46
94.33
-2,375.87
172,962.79
4,908.44
8,253.58
13,612.80
Ptioted: 4 13012079 2:06:51PM Pase 5 of 71
NUMBERNUMBER AMOUNT DESCRIPTION INVOICE - P.O.#
!NVL']LE
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7,2019
ETECTRONIC
AE@UllT flI'OIG PAYMEI{T ?AYUEIIT PAYMEI{T
VEI{DOR IIAI/IE AXD IIUMBER iIUMIER Ai/IOT'IYI OESCRIPIIOI{ IllVOrcE P.O' DAIE iIUMIEi AMOU T
oo24t2 - cALtFORNtA tSO 055.9200.500150 S -0.E0 Recalculation Charges 03/19
055.9200.450340 S -24.68 Recalculation Charges 05/18
055.9200.500150 S 14.43 lnitial Charges 04/19
055.9200.450340 S 50.97 Recalculation Charges 09/17
201904093141504
722
201904093141504
722
201904093141604
722
201904093141604
722
o4l16l21L9 8210 s 2L2,28t.57
001490 - ALL CITY MANAGEMENT 011.1031.594200 S 1,156.20 School Crossing Guard Services
SERVICES
60442
o4lt8l2}19 8211 s 1,1s6.20
003432 - DUPONT SUSTAINABLE 011.1026.596700 S 2,440.00 DVD Subscription Lease Plan
SOLUTIONS
030619
o4ll8l2}r9 8212 s 2,44O.O0
003441 - ENTERPRISE FM TRUST 011.4031.840000 S 898.58 Monthly Lease Charges F8N3690135
04/18/2019 8213 s 898.s8
005108 - JEMMOTT ROLLINS GROUP, 011.1021.797000 S 13,750.00 Professional Services
tNc
MAR19(2)
o4/L8l2OL9 8214 s 13,7s0.00
005198 - JRM
o4/t8/2}t9 8215 s 19,440.00
Printed: 4/30/2019 2:06:51PM
011.1031.596200 S 19,440.00 SecurityServices 3245
Pase 5 ol 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ELECTRONIC'. : ,:::,,1: :'i,1 ,. AC@UUT ..[1|V(,CE : :, PAYMEiII PAYMEI{T PAYMET{r
VEI{DOR TIIAMT iIID I{UMAEi iIUMBER AMOT'iII DEICRIPI|O|! I VOICE, P.O.* DAIE I{UMBER AMOUTT
003053 LEVE! 3 COMMUN|CIT|ONt 057.1057.500173 5 4,541.37 Upnream hternet Accesr Servi€er 79495779
LLC
0411312079 8216 S 4,547.17
005032 - MUNTSERVTCES, LLC 011.1004.595200 s 3,750.00 UUT Fixed Fee OL/19-O3/L9 tNV06005414
o4h8l2}t9 8217 5 3,7s0.00
001649 - PIC ENVIRONMENTAL 011.1023.900000 S 9,825.00 Consulting Services
SERVICE CORP
1s580
o4l18l21l9 8218 s 9,82s.00
002384 - POWER ENGINEERS, INC 055.9100.900000 5 28,902.26 Professional Services 298959
o4/t8l2ot9 8219 s 28,902.26
001079 - SIEMENS MOBILITY, INC 011.1043.590000 S 3,239.00 Traffic Signal Maintenance
011.1043.590000 5 3,994.28 Traffic Signal Maintenance
5610128487
5620019347
041L8/20r9 8220 s 7,233.28
002227- U5 DEPARTMENT OF ENER6'Y 055.9200.500150 S 31,130.93 Boulder C.nyon Prol€d ChaErs 03/19 GG1766w0319
055.9200.500180 I 27,209-49 BouldercinyonPmjedcharyes03/19 GG1756W0319
oAlfilzo1g 8221 s 5a34O.42
Ptlnted: 4 I 30/2019 2:06:51PM Pas.e 7 ol 71-
ClW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
ACCIIUiIT IiIVOICE PAVI/IEI\]I PAYII'Ei'I NAYMEiII
VEI{OOR I{AME ATO iIUMBER IIUMBER AMOUIIT DE9CrugIlO I VO{CE ?.O.[ DAII IIUMEER AMOUi{T
005398 - WASP BARCODE
TECHNOLOGIES
011.1041.520000 S 825.00 Product Code: 100005836-
011.1043.520000 S 1,650.01 Product Code: 100005835-
011.1049.520000 S SZa.S9 Product Code: 100005836-
011.1041.520000 S S.O5 Freight
011.1043.520000 S r.O5 Freight
011.1049.520000 S S.O5 Freight
011.1041.520000 S 78.45 Sales Tax9.5%
011.1043.520000 s 156.61 SalesTaxg.5%
011.1049.520000 S 78.44 Sales Tax 9.5%
52L90L462 011.0013528
52L90r462 011.0013s28
s2L90L462 011.0013528
52L90L462 011.0013528
s2L901462 011.0013528
521901462 011.0013s28
52r907462
521901462
52790t462
o4/L8120r9 8222 s 3,622.65
005344 - SANDRA DOLSON 011.1003.596500 S 46.40 CCAC Annual Conference
011.1003.595700 S 740.53 CCAC Annual Conference
040819
040819
0411812019 8223 5 787.03
Printed: 4 /30 /2079 2:06:51PM Pase 8 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
ETECTRONIC
AC@T'I{T IIIIIOICE PAYMEMI PAYMEIIT PAYM€TT
VEI{OOR I{AME AI{D I{UMAER IIUUBER AMOUIIIT DTSCRIPI|O I I'OICE P.O.{ DATE llUM8ER AI'TOUryI
005594 - US BANK CORPORATE 011.1002.s96s00 s
055.9200.s96700 s
011.1021.550000 s
056.5600.596700 s
0s5.s500.s20000 s
011.1040.596700 s
011.1031.596500 s
011.s031.s60000 s
011.1031.520000 s
011.1023.596600 s
011.1002.s95s00 s
011.1001.s95s00 s
011.1001.596500 s
055.8400.590000 s
055.9100.596700 s
0ss.9000.520000 s
055.8100.520000 s
055.9000.570000 s
011.1043.596700 s
011.1043.s96700 s
011.1043.s96700 s
011.9019.520010 s
011.9019.s20010 s
50.07 Meals / Meeting
14.85 Meals / Meeting
557.98 Community Outreach
69.90 Meals / Meeting
2,547.75 Supplies
575.00 Training
145.96 Airline
53.54 Cable Subscription
160.88 Supplies
67.04 LA Times Subscription
193.32 Meals / Meeting
500.00 Seminar Registration / W. Davis
-4.25 Credit
180.00 Maintenance & Repairs
95.20 Meals / tvteeting
148.58 Supplies
55.58 Supplies
145.00 Vehicle Expense
355.00 Training / J. Alvarado
355.00 Training / G. De Loza
365.00 Training / M. Gutierrez
14.22 Arnazon Prime Membership
115.00 OneDrive
022279
022219
0222L9
o222t9(r0l
022279(LOl
022219(ltl
022219(t2l
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022279(73l.
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0222t9(t4l
022279.14l.
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022279l]-sl
022279rlsl.
02227s(t6l
o2221slt6l
Printed: 4 /30 l2OL9 2;05:51PM PaRe 9 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRON!C
005594 - US BANK CORPORATE 011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.1024.595700
011.1024.596500
011.1060.520000
011.1060.596700
011.1060.596700
011.1060.596700
011.1024.596550
011.1025.596500
011.1046.520000
011.1045.s20000
011.1031.570000
011.1031.s20000
011.1031.540000
011.1031.595700
011.1031.595200
011.1031.595700
011.1031.596700
022279{.L6l.
o222L9lt6l
0222L9(76l.
0222]-9(.76l.
0222t9176l.
0222L9(76l.
0222r9(t7l
022219|J-7l.
o222L9ltgl
022219(78l.
022219(18)
022219lr8l
0222L9.79l.
o222tsl2l
02221s|t20l.
0222t9|120l.
o222L9(27l.
022219.221
022219{.22l.
0222t9(22t.
0222t9(22l.
0222L9(22l.
022219(22l.
s
s
S
s
s
S
S
s
s
s
S
s
s
S
s
s
S
s
s
5
s
s
s
106.17 Supplies
250.73 Supplies
187.48 Supplies
640.31 Supplies
158.05 Google Cloud
36.00 GoToMeeting Monthly Plan
160.57 Meals / Meeting
212.59 Publication Services
115.36 Supplies
599.00 Training / L. Sanchez
143.95 Airline / L. Sanchez
458.75 Membership Dues / L. Sanchez
830.25 Membership Dues
28.00 Travel Expense
798.51 Supplies
329.00 Supplies
100.00 Vehicle Expense
455.95 Supplies
536.42 Uniforms
204.47 Training
525.00 Badge & Shoulder Patch Graphics
175.00 Training/J. Ramos
75.00 Training/ l. Estrada
Ptintedi 4 / 30 12019 2:06:51PM Paee 10 of 71
VENDOR NAME AND NUMBER
ACCOUNT
NUMBER
rNvotcE
AMOUNT DESCRIPTION tNvotcE P.O.#
PAYMENT PAYMENT PAYMENT
DATE NUMBER AMOUNT
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
AC@U T II{VOICE PAYI'..'!IT: PAYMEI{T PAYMENT
VEI{OOR I{AME Al{D l{UMBtR .. |iUMSER
^MOUI{T
OESCnIPTIO!{: lflVOlCE P.O,f . OAilri:r, flUMBEn .,.aMOUNT
005594 - US BANK CORPORATE 011.1031.596700 s
011.1031.595550 s
011.1031.s95500 s
011.1031.596700 s
011.1031.596700 s
011.1031.596700 s
011.1031.595700 s
011.1031.s96ss0 s
011.1031.596700 s
011.1031.595700 s
011.1031.596700 s
011.1031.s95s00 s
055.9000.596700 s
0ss.9000.s95s00 s
0ss.8000.s96700 s
0ss.8000.s96700 s
055.9000.596500 s
011.1001.595500 s
011.1001.595500 s
011.1001.s95s00 s
011.1049.s20000 s
011.1043.520000 s
011.1048.520000 5
o222te(22l.
0222]-9(22l.
0222t9(22l.
022279|.22l.
0222L9t22l.
022219/22l.
0222L9(221
o2227s(22l.
022279(22l.
022279{.22l.
0222t9122l.
0222L9.22l.
022219(23l.
022219(23l.
o222tsl23l
0222te.23l,
0222L9.23l.
0222t9(23l.
022279(231
o222t9.23l.
o222L924l.
022219,24l.
0222L9.24l.
75.00 TraininB/A. Encinas
30.00 Membership Dues / B. Gray
544.24 Hotels / B. Gray
375.00 Training / e. Gray
407.92 Training/ N. Perez
135.00 Training / C. Ourique
362.71 Training / M. Madrigal & L. Vasquez
285.00 Membership Dues / l. Estrada
135.00 Training / F. Valenzuela
150.00 Training / E. Hernandez
150.00 Training / J. Reyna & J. Ramos
725.20 Hotels / N. Perez
111.71 Meals / tvteeting
224.84 Hotels
75.30 Airline / C. Montoya
540.55 Hotels / C. Montoya
40.00 CMUA 2019 Capitol Day
375.00 Registration / C. Fandino
375.00 Registration / Y. Woodruff-Perez
375.00 Registration / A. Hwang
208.50 Supplies
202.05 Supplies
225.01 Supplies
Ptinted: 4 130 /201.9 2:05:51PM Paee 11 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
ICtOUI{I IINlorcE ' 'NYME
T PAIMEI{T PAYMEIIT
VEI{DOR I{AME AI{D IIUMAEN XUMBCN AMOUIIT DE9CrugIlO IIIVOICI P.O.{ I'AIE IIUMBER AMOUIIT
005594. US BANK CORPORATE 011.1049.520000 5
011.1031.s70000 s
056.5600.540000 s
0ss.9000.s40000 s
05s.9000.550000 s
011.1026.s95s00 s
011.1026.59690s s
011.1004.s96550 s
020.1084.590000 s
0ss.9000.s95s00 s
0ss.9000.595500 s
055.9000.596550 s
011.1026.s96s00 s
011.1026.s96700 s
011.1033.s20000 s
011.1031.520000 s
020.1084.520000 s
011.1043.520000 s
011.1049.520000 s
011.1043.s20000 s
011.1049.s20000 s
011.1031.596550 s
011.1033.520000 s
1,167.17 Supplies
89.89 Vehicle Expense
621.84 Uniforms
L,O44.53 Uniforms
880.50 Advertisement / Promotion
28.00 Travel Expense
147.85 Meals / lnterview Panel
110.00 Membership Dues / M. Higa
240.00 Detailing Services
422.96 Airline
799.45 Books & Publications
2,028.00 CapitolTrack Subscription
506.20 Hotels
50.00 Conference Registration
683.54 Supplies
5.50 Supplies
337.26 Supplies
854.43 Supplies
597.03 Supplies
154.83 Uniforms
873.50 Bottled Water
190.00 Membership Dues
58.38 Supplies
0222t9(24],
o222ts(2sl
022279{.26l.
o2227e.26t.
o222L9(261
022219(27l.
0222L9(271
022279.28t.
0222t9129l.
022219(3)
0222L9(31
02227e(31
022219(30)
02221s(30)
022219(37l.
022279(32l.
022219(33)
o222r9134l.
0222t9(34l.
022219(34\
o222t9(34l.
022279(3sl
022279|135l.
Ptinted: 4 130 12019 2:06:51PM Paee 12 ol 7L
CITY OF VERNON
OPERAT!NG ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
ACCOIIXT II{VOIG PAYMEI{T PAYI/IEI{T PAYUEI{T
02227e(.36l,
0222t9'37l.
0222L9.38l.
02227s(3sl
o222rsl4l
o222t9l4l
o222t9l40l
o2227s14Ll
022219((41l.
022219(42l.
022219(43l.
0222L9143t.
0222L9(44l.
022219(441
0222t9144t.
0222t9(44l.
022219(44l.
022279(Asl
o222r916l
02221s(61
022279(61
022279(61
o222Le(61
005594. US BANK CORPORATE 011.r.99999 s
011.1049.520000 s
011.1048.590000 s
011.1033.596550 s
05s.9000.s96ss0 s
0s5.9000.596700 s
011.1033.595500 s
05s.9000.s95700 s
055.8000.596700 s
011.1033.520000 s
011.1026.596700 s
011.1025.s96200 s
011.1004.596550 s
011.1004.520000 s
011.1004.596700 s
011.1004.595500 s
011.1004.596ss0 s
011.1024.596700 s
011.1033.520000 s
011.1033.s20000 s
011.1033.s95550 s
011.1033.596ss0 s
011.1033.595550 s
451.51 Reimbursed Charge
362.40 Bottled water
1,555.91 Maintenance & Repairs
195.00 Membership Dues
74.55 Cable Subscription
839.32 Meals / tvteeting
99.90 Books & Publications
51.32 Meals / Meeting
107.72 TraininB
180.67 Supplies
149.00 Training
138.79 Meals / lnterview Panel
110.00 Membership Dues
5.49 Federal E-Filing
119.00 Training/ R. Franco
20.00 Parking Cost
160.00 Membership Dues/J. Leon
401.55 Hotels
327.53 Supplies
27.00 CPR Cards
200.00 Renewal / C. McGovney
200.00 Renewal/T. Egan
250.00 Paramedic License / D. Reynolds
Printed: 4 /30 /201.9 2:06:5 1PM PaPe 13 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
PAYMEM PAYMEI{I PAYUEI{T
VETTOOA i/ti'E AIIO IIUMBEN IUT'EEN AMOUT{T DE9CNIPnO|! IiIVOICE P.O.' DAIE IIUMBEi AMOUiII
o222L917l
o222t9l7l
022279|t7l.
022219(8)
o222Le(el
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o222t9l9l
o222Lelel
022279|.9t.
o222t9l9l
o2221esll
005594 - US BANK CORPORATE 011.1002.595500 s
011.1002.s95500 s
011.1002.s95500 s
011.1033.s20000 s
011.1043.596600 s
011.1043.520000 s
011.1040.s20000 s
011.1041.520000 s
011.1043.595700 s
011.1040.s96700 s
011.1031.540000 s
180.38 Meals / Meeting
50.00 Travel Expense
713.73 Hotels
272.24 Supplies
113.58 Books & Publications
35.87 Supplies
36.88 Supplies
249.86 Supplies
274.28 Training / L. Melendez
274.28 Training / A.Zarate
393.30 Uniforms
04/78/2019 8224 5 40,893.98
OO34O7 - VERNON POLICE OFFICERS
BENEFIT
011.2 10250 1,913.56 Police Association Member Dues: Payment 8en215058
04lLLl2079 822s s 1,913.56
005323- tBEWLOCAL4T 020.210250
055.2102s0
0s6.210250
S
s
s
158.83 IBEW Dues: Payment
3,153.38 IBEW Dues: Payment
391.47 IBEW Dues: Payment
8en215070
8en215070
8en215070
04/tu2079 8226 5 3,703.68
003141 - VERNON FIREMENS
ASSOCTATTON
3,413.00
P(intedi 4 / 30 / 2079 2:06:51PM
011.210250 3,413.00 Fire House Fund: Payment Ben215074
04111/2019 8227 5
PaEe L4 of 7L
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC' it ii:, i tc@um |NvolcE I,i , . ::ii :
a DAYMEIT payMEt{r D vMEitr
VEI{DOi I{AME AxD l{UMaER UMBEn AMOUI{-T qlscRlmofl Nl/OlCElr P.O., DAIE IIUUBER AMOUiIT
003168- lcMA RETIREMENT TRUST 011,210220 S 30,179.13 Defurred Compensation: Payment 8en215058
457
oao-27022o 5 1,4a2.65 Delerrcd compenration: Payment Ben215058
055.210220 S 7,812.11 oeferred compensation: Payment 8en215058
0s6-210220 S 1,325.53 Def€rred Compensation: Paymeht 8en215058
057.2LO220 S 20.00 Defe ed compensation: Payment Ben215058
o4ll7l2ot9 8228 S 4O,a79.42
003146- CITYOFVERNON,FSA 011.100013 S 288.30 FSA-Dependent:Payment
ACCOUNT
011.100013 S 253.47 FSA - Medical: Payment
8en215066
Ben2L5066
o4h7/2019 8229 5 s4L.77
Prinred: 4 /30/ 2079 2:06:51PM Pase 15 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
AC@UI{T II{!'OIG PAYMEI{T PAYMEI{T PAYIUETT
VEITIDOR iIAME AIID I{UMBEB I{UMBEN AMOUi'T DESCf,IPnO IiIVOICE P.O.' DATE iIUIIBER AMOUI{T
000714 - CALPERS 011.210240 s
020.270240 s
055.210240 s
0s6.210240 s
os7.2LO24O s
011.210240 s
o2o.2LO24O s
055.210240 s
0s6.270240 s
057.2LO240 s
011.210240 s
011.1004.530034 s
8en215060
8en215060
8en215060
8en215050
8en215060
8en215060
Ben215050
Ben215050
Ben215060
Ben215060
8en215050
8en215060
204,503.60 PERS Contributions: Payment
8,47 4.91 PERS Contributions: Payment
32,055.98 PERSContributions: Payment
3,316.94 PERS Contributions: Payment
75.37 PERS Contributions: Payment
183.21 PERS Survivor's Benefit: Payment
14.21 PERS Survivor's Benefit: Payment
33.96 PERS Survivor's Benefit: Payment
3.72 PERS Survivor's Benefit: Payment
0.19 PERS Survivor's Benefit: Payment
308.85 PERS Buy-back: Payment
-0.13 Rounding Adjustment
04lL2l2Ot9 8230 s 248,972.8L
Printed: 4 / 30/2019 2:06:51PM Paee 16 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
ETECTRONIC
ACCOU|IT TNVOTCE PAYI,ET-{r PAYMEIfT pAY-ltlFt{r
vEtlooR t{aME at{o iuirEEt , iruMlER AM(rur{r oEgcRtmo t votcE P.o.* DAII nu aER AMoirfl
OO4O75 - THE DEPARTMENT OFTHE
TREASURY
011.2102 10
020.2LO2t0
0ss.210210
056.210210
0572L0270
011.210210
020.210210
055.210210
0s5.210210
o57.2IO2LO
011.210210
S 108,592.52 Federal withholding: Payment
S 5,563.22 Federal withholding: Payment
5 2L,764.88 Federal Withholding: Payment
s 1,555.82 Federal Withholding: Payment
S 50.59 Federal Withholding: Payment
S 26,036.22 Medicare: Payment
S 1,553.34 Medicare: Payment
S 5,809.40 Medicare: Payment
5 572.36 Medicare: Payment
S 14.45 Medicare: Payment
S 130.34 Social SecurityTax: Payment
8en215062
8en215062
8en215052
8en215062
Ben215052
Ben215062
8en215062
8en215052
8en215052
8en215062
8en215062
04/L2l2OL9 8231 s 171,654.25
001535 - EMPLOYMENT
DEVELOPMENT DEPT
011.210210
020.210210
055.210210
055.210210
o57.2tO2rO
5 44,26L.15 State withholding: Payment
5 2,707.42 State Withholding: Payment
S g,rsa.ao state withholding: Payment
5 777.34 State Withholding: Payment
S 19.50 State Withholding: Payment
8en215064
Ben215064
8en215054
8en215064
8en215064
56,317.81
Prinie d: 4 /3O /2079 2 :06:5 1 PM
04/]-2120L9 8232 s
Pas.e 77 ot 7L
ETECTRONIC
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
ACCOUUT INVOICE PAYMEI\I PAYMEIVT PAYMENI
vEliooR l{aME atto ttuMBER NuMBER aMOUNT DEscnrPlro tNvotcE p,o.f oATE t\tuMBER aMofiin
004074 - STATE DISBURSEMENT UNIT 011.210250 S 959.23 Child Support: Payment
011.210250 s 1,402.15 Child Support: Payment
011.210260 s 78.92 Child Support: Payment
011.210260 S 53.07 Child Support: Payment
055.210260 S gSa.Z6 Child Support: Payment
Ben215072
8en215072
Ben2t5O72
Ben2t5O72
Ben215072
o4lr2/20t9 8233 s 2,872.13
003049 - PETRELLI ELECTRIC, INC 055.200400 s 1,192,255.30 Electric Service Maintenance 190079
o4lt8/20t9 8234 s 1,192,2ss.30
002517 - SO CAL PUBLIC POWER 055.9200.500180 S 255,500.00 Minimum Cost 04/19
AUTHORITY
055.9200.500150 s 62,595.00 Variable Cost 03/19
055.122100 S 10,000.00 PSF Cost 04/19
PV0419
PV0419
PV0419
o4l22l2ol9 823s s 339,09s.00
005449 - LANCASTER CHOICE ENERGY 055.9200.500180 S 7,500.00 Resource Adequacy r 190001883
o4l22l2ot9 8235 s 7,s00.00
P tinted: 4 /30 12019 2:06:51PM Pase 18 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
oo24t2 - cALtFORNTA rSO 055.9200.500150 s
0s5.9200.500151 s
055.9200.s00170 s
0s5.9200.500190 s
055.9200.s00210 s
055.9200.500240 s
0s5.9200.s001s0 s
0ss.9200.s00170 s
0s5.9200.s00210 s
05s.9200.500190 s
Recalculation Charges 03/19
Recalculation Charges 03/19
Recalculation Charges 03/19
Recalculation Charges 03/19
Recalculation Charges 03/19
Recalculation Charges 03/19
lnitial Charges 04/19
lnitial CharBes 04/19
lnitial Charges 04/19
lnitial Charges 04/19
201904163141570
073
20790416374t670
073
201904163141670
073
201904163141670
073
201904153141670
073
201904163141670
073
201904153141570
073
201904163141570
073
201904163141670
073
201904163141570
073
-13,567.93
-18,551.23
16,600.36
2,540.42
86.33
r34.20
101,455.55
747.51
t4,370.93
-7,92L.r6
04/23120]9 8237 5 95,879.98
002458 - DEPARTMENT OF WATER &
POWER
0ss.9200.500170
0ss.9200.500260
s
s
21,870.00 Energy Purchase
575.00 Energy Purchase
GA193520
GA193520
22,445.00
Printed: 4/30/2019 2:05:51PM
04123/20t9 8238 s
Paee 19 of 71
ETECTRONlC
VENDOR NAME AND NUMBER
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
IC@UrT U{I,oICT PAYMEIIIT PAYMEI{T PAYMETT
VETIDOR I'IAME AIID TUMB€R I{UMBER AIIOUrT DESCRIPTIOII II{VOICE P.O.* DATE IIUMBEN AMO{'TT
OO484O. A.M. ORTEGA
CONSTRUCTION, INC
055.5600.595200 S 21,628.16 Gas Construction & Repair Support 732476
o4l23l21t9 8239 s 2L,628.t6
005929 - ACCEIA, tNC 011.9019.595210 S 250.00 EnvisionConnect/EnvisionConnect Remote |NVACC44763 011.0012989
04123/2019 8240 s 2s0.00
005514 - NORTHWEST ELECIRICAL 020.1084.520000 S S,OO0.12 Technical Design Services
SERVICES,
020.1084.900000 S 46,185.93 Technical Design Services
055.9000.595200 S 4,709.19 Technical Design Services
055.8200.596200 S 444.60 Technical Design Services
t740
t740
L740
t740
04123/20t9 8241 s s6,34s.84
002517 - 50 CAL PUBLIC POWER 055.9200.500154 5 t84,425.74 Astoria 2 Solar Project
AUTHORITY
ATSPO419
o4l23l2}t9 8242 5 784,42s.74
OO25L7 - SO CAL PUBLIC POWER 055.9000.596200 S 5,353.09 Resolution Billing
AUTHORITY
055.9200.595200 S S,SSO.Z1 ResolutionBilling
419
4t9
04/23/2079 8243 s 9,313.30
002310 - VIRGINIA TRANSFORMER 055.9100.900000 S 46,791.80 Three Phase Power Transformer 55870
CORP
o4/23/2OL9 8244 5 46,79t.80
Printed: 4/30/2019 2:06:51PM Pap,e 20 ol 71.
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7,2019
ETECTRONIC
PAYMEI\I PAYMEM PAYIIIFI{I
vEiDor itAME AND [ut\t'BER t{uMgER aMouifi DEscnrmo :::i::ir ,i ::i .' lt{l/olcE P.o, '. ii lrarE iluMBER aMixiifl
004527 - WTTTMAN ENTERPRISES, LLC 011.1033.595200 s 1,337.89 BillingServices
011.1033.596200 S 1,856.37 Billing Services
011.1033.596200 S 833.18 Billing Services
011.1033.596200 S 658.53 Billing Services
011.1033.596200 5 t,542.71 Billing services
011.1033.596200 S 874.63 Billing Services
1807069
1810069
1811069
1812069
1901069
1902069
04123/2019 824s s 7,103.31
006298 - CIMA ENERGY, LP 055.9200.500160 S 80,327.50 Natural Gas 03/19 31915987
04123/20t9 8246 s 80,327.s0
OOO153 - CITIGROUP ENERGY, INC 055.9200.500150 S 151,310.95 Natural Gas 03/19 8tL97971
04123/20]-9 8247 5 161,310.96
004116 - EDF TRADING NORTH 055.9200.500150 s 149,175.00 Natural Gas 03/19
AMERICA, LLC
28s839
04123/20t9 8248 s r49,L7s.OO
005085- MACQUARIEENERGY,LLC 055.9200.500160 5 7rt,215.00 NaturalGas03/19 GASr00114510
04123/20L9 8249 s 711,21s.00
006318 - MTECO, rNC 055.9200.500160 s 165,380.00 Natural Gas 03/19 256419
o4/2312}t9 82s0 s 16s,380.00
005875 - FRANCTSCO M GAV|NA, JR 011.1048.595200 S 100.00 Grant Committee Stipend
04/23/20!9 82s1 s 100.00
Ptintedi 4 I 30 12079 2:06: 51PM
031319
Pap.e 21, of 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
005155. STEVEN FROBERG 011.1048.s95200 s 100.00 Grant Committee Stipend 031319
04l23l2Ot9 82s2 s 100.00
001552 - HOME DEPOT CREDIT
SERVICES
020.1084.520000 s 548.03 Building Materials & Hardware-012319_MULTTPLE 011.0013200
04119/2079 82s3 s s48.03
001552 - HOME DEPOT CREDIT
SERVICES
055.8400.590000
0ss.8400.520000
020.1084.520000
055.5500.520000
055.8400.s90000
7,524.92 Hardware Supplies-
55.06 Hardware Supplies-
163.17 Hardware Supplies-
787.73 Building Supplies-
521.70 Hardware Supplies-
s
s
s
s
s
013019
013019
013019
021219-MULTIPLE
022719-MULTIPLE
05s.0002674
055.0002574
055.0002674
055.0000s14
055.0002574
04lt9l2ol9 82s4 s 3,052.58
Printed: 4 130 12019 2:05:51PM Pase 22 ot 71.
NUMBERt!9lYt9Ln AMOUNT DESCRIPTION DATE NUMBER
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
OO219O - OFFICE DEPOT 011.1003.s20000
011.1003.520000
011.1024.520000
011.1024.520000
011.1004.520000
011.1004.s20000
011.1004.520000
011.1004.520000
011.1040.520000
011.1041.520000
011.1043.520000
011.1040.520000
011.1041.520000
011.1043.520000
011.1043.520000
011.1043.520000
011.1049.520000
011.1049.520000
011.1026.520000
011.1026.s20000
011.1025.s20000
011.1026.520000
011.120010
213.35 Supplies
20.27 Sales Tax 9.5%
273.87 Supplies
25.02 Sales Tax 9.5%
12.02 Supplies
1.14 Sales Tax95%
201.37 Supplies
19.13 Sales fax9.5/o
89.73 Supplies
193.96 Supplies
359.49 Supplies
8.52 Sales Tax 9.5%
18.43 Sales Tax9.5%
34.15 Sales Tax 9.5%
105.59 Supplies
10.03 Sales Tax 9.5%
111.55 Supplies
10.60 Sales Tax 9.5%
245.53 Supplies
23.33 Sales Tax 9.5%
23.22 Supplies
2.21 Sales Tax 9.5%
660.80 Supplies
s
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s
s
s
s
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s
s
5
s
S
s
s
s
s
s
s
S
288339223001
288339223001
288653389001
2886s3389001
28872432400L
288724324007
288724658001
288724558001
289753970001
289753970001
289753970001
289753970001
289753970001
289753970001
290037170001
290037170001
29003727r00L
29003727L0O1
290838877001
290838877001
290839106001
290839106001
290865888001
Prir,f.ed: 4 130 / 2ol9 2:06:51PM Paqe 23 of 7l
AMOUNT DESCRIPTION rNvotcE NUMBER AMOUNTNUMBER
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
P,AYUEI{T INYMEI{T PAYUE'II
,rnilod.r,orrt mo ruaas." : 'i rftE'i[it ariiruri irsinrhio* ';::::::iiii:i: :: r vorcE p.o.* ' .iii:ii::'det nuuetn auoriiii
002190 - oFFrcE DEPOT 011.1040.520000 5 -ZZ.t7 Credit
011.1043.520000 s -168.50 Credit
293538081001
293638081001
04/79/2079 82ss s 2,473.06
000059 - so cAL EDtsoN 055.8100.550010 S 19.43 Period:03/19
011.1043.560000 S SZ.S2 Period:03/19
011.1042.550000 s 215.07 Period:03/19
055.9200.560010 5 729.44 Period:03/19
033019
033019(2)
040219
040219(2)
o4lL9/2079 82s5 s ss5.45
003158- AETNA HEALTH OF 011.1025.502031 S 10,027.53 Medicare PPO Retirees
CALIFORNIA
011.1026.502031 s 2,763.32 Medicare HMO Retirees
31255853
31266743
o4/2sl2}L9 82s7 5 r2,790-9s
P rinted: 4 /30 /2019 2:05:51PM Pas.e 24 of 7l
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
oo5t72 - BLUE SHTELD OF CALTFORNIA 011.1026.502031
011.1026.502031
oLt.2lo22\
o20.210221,
055.2r022t
056.210227
01L.270221
020.2t022t
055.270227
01t.21022L
o20.2to221
055.210227
056.21022L
0t7.2L0221
o20.270227
055.2L022L
057.2tO221
oLL.27022L
055.270221
057.2tO227
o20.27022t
oLr.27022L
077.2tO227
Printed: 4/30/2019 2:05:51PM
s
s
s
s
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S
s
S
s
s
S
s
s
s
s
s
S
s
s
s
S
s
69,90r..63
7,145.40
108,655.48
7,2!3.83
24,960.89
5,871.90
21,155.88
260.L2
4,162.02
49,884.36
5,587.32
5,343.26
606.90
78,555.58
3,659.94
19,169.05
252.12
-2,378.33
-t,370.LL
-587.19
-7,722.76
-663.27
606.90
190770005749
190770005779
8en275477
8en215417
Ben215417
8en215417
8en215417
8en215417
Ben215417
Ben215417
8en215417
Ben2t54L7
8en275477
8en215417
8en215417
Ben215417
Ben2754\7
Ben2154t7
8en215417
8en215417
8en215417
Ben2t54l7
Benzts4l7
Early Retirees
Cobra
Medical High HMO: Payment
Medical High HMO: Payment
Medical High HMO: Payment
Medical High HMO: Payment
Medical High PPO: Payment
Medical High PPO: Payment
Medical High PPO: Payment
Medical HSA PPO: Payment
Medical HSA PPO: Payment
Medical HSA PPO: Payment
Medical HSA PPO: Payment
Medical Low HMO: Payment
Medical Low HMO: Payment
Medical Low HMO: Payment
Medical Low HMO: Payment
Medical Premiums - 04/19-
Medical Premiums - O4l19'
Medical Premiums - 04/19*
Medical Premiums - O4l 79-
Medical Premiums - O4l t9-
Medical Premiums - 04/L9-
PaEe 25 ol 77
AMOUNT DESCRIPTION
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
005172 - BLUE SHIELD OF CALIFORNIA OT7.2LO22I
011.1004.530034
1,957.30 Medical Premiums -04/L9-
0.86 Rounding Adjustment
s
s
Ben215417
8en215417
04/2s/20L9 8258 s 408,240.69
Printed: 4/30/2019 2:06:51PM PaPe 26 ol 77
ACCOUNT INVOICE
NUMBER AMOUNT DESCRIPTION
PAYMENT PAYMENT PAYMENT
INVOICE P.O.f DATE NUMBER AMOUNT
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
OO3O8O - METLIFE GROUP BENEFITS 0t1.210222
020.210222
o55.210222
056.2rO222
01L.2L0222
020.2L0222
os'.210222
0s6.210222
057.2L0222
020.270222
055.2t0222
057.2t0222
otl.210222
ott.2to222
0t7.2L0222
020.270222
0LL210222
011.270222
01t.210222
0L1.2t0222
01L.2to222
0LL.2rO222
011.1026.502031
s
s
S
S
s
s
s
s
$
s
S
s
s
s
s
s
s
s
s
s
s
s
s
18,902.80
932.07
3,112.87
352.48
1,343.04
t34.22
388.84
47.52
5.34
-s1.09
-137.67
-56.43
-72.27
-87.42
102.18
-47.53
47.53
51.09
188.10
-51.08
-51.08
-51.08
5,528.19
Dental PPO lnsurance: Payment
Dental PPO lnsurance: Payment
Dental PPO lnsurance: Payment
Dental PPO lnsurance: Payment
Dental HMO lnsurance: Payment
Dental HMO lnsurance: Payment
Dental HMO lnsurance: Payment
Dental HMO lnsurance: Payment
Dental HMO lnsurance: Payment
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19"
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
Dental Premiums - 04/19-
8en215415
8en215415
8en215415
8en215415
8en215415
Ben215415
Ben215415
8en215415
8en215415
Ben215415
8en215415
Ben215415
Ben215415
8en215415
8en215415
Ben215415
8en215415
Ben215415
Ben215415
8en215415
Ben215415
8en215415
8en215415
P tinted: 4 /30 12019 2:06:51PM Pap.e 27 ol 77
ETECTRONIC
rNvorcE
AMOUNT DESCRIPTION
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ELECTRONIC
A'COUf,T NVOrcE PAYMETT PAYI/IEUI PAYi'EI\II
VEiDOR I{AME AI{D I{UMAER IIUMAER AMOUI{T DESICRIPIIO I VOICE P.O* I'AIE IIIUMBEi AI/IOUUT
003080- METLIFEGROUPBENEFITS 011.1004.530034 S 1.01 RoundingAdjustment 8en215415
o4l2s/2}L9 82s9 s 31,s48.69
003934 - AON RISK CONSULTANTS, INC 011.1004.s95200 S 11,900.00 WC/LI Actuary Study 06/30/17 &O6|3O/L8 K580006s17
o4/25/20t9 8260 s 11,900.00
005032 - MUNISERVICES, LLC 011.1004.s9s200 S 3,750.00 UUT Fixed Fee LO/t8-t2/78 tNV06004672
o4/2sl2ol9 8251 s 3,7s0.00
002060 - CALPINE ENERGY SERVICES, 055.9200.500160 S 193,562.50 Natural Gas 03/19
L.P.
48906
04/2512079 8262 5 193,562.50
006262 - MERCURIA ENERGY 055.9200.500160 5 543,456.69 Natural Gas 03/19
AMERICA, INC
2687162
04125120L9 8253 s s43,4s5.69
Ptinted: 4 /30/2019 2:06:51PM Paae 28 of 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
000714 - CALPERS 011.1001.502020
011.1002.502020
011.1003.502020
011.1004.502020
011.1024.502020
011.1025.502020
011.1031.502020
011.1033.502020
011.1040.502020
011.1041.502020
011.1043.502020
011.1046.502020
011.1047.s02020
011.1048.s02020
011.1049.502020
057.1057.502020
011.1060.502020
020.1084.s02020
055.5600.502020
05s.7100.s02020
0ss.7200.502020
055.8000.502020
0ss.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-
100000015626891
10000001s526891
100000015526891
100000015626891
100000015625891
100000015526891
10000001s525891
100000015626891
100000015626891
100000015526891
100000015625891
100000015626891
100000015626891
100000015525891
10000001s525891
100000015626891
10000001s525891
10000001s626891
100000015525891
100000015625891
10000001s625891
100000015626891
10000001s525891
S
S
s
s
s
s
s
s
s
s
s
s
s
S
s
s
S
s
s
s
s
s
s
t,158.97
6,913.98
4,476.70
13,068.62
7,893.13
6,234.s7
13,268.45
5,535.09
3,995.s2
7,833.18
21,301.45
3,736.75
2,777.63
1,518.58
3,377.06
899.22
10,231.09
16,045.03
s,29s.39
3,017.37
579.50
7,253.68
13,348.38
P tinted: 4 /30/2079 2:06:51PM PaEe 29 ol 71
NUMBER AMOUNT DESCRIPTION tNvotcE NUMBER AMOUNT
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
ACCOUT{T II{VOICE DAYr,Ef,I PAYME!{T DAYTiETI
VEI{DOf, I{A'/IE AIID I{Ui/IBER I{UMIER AI/IOUI\IT DE5CRIPnO NVOICE : P.OT DAIT ITUMBER AMOUI{T
OOOlL - CALPERS 055.9000.502020 S 10,271.06 Monthly Expense of UAL-
011.9019.502020 S 4,995.55 Monthly Expense of UAL-
055.9100.502020 S 13,268.45 Monthly Expense of UAL-
055.9200.502020 S 11,490.00 Monthly Expense of UAL-
011.1031.502020 S 130,884.34 Monthly Expense of UAL-
011.1033.502020 S 238,536.66 Monthly Expense of UAL-
100000015626891
10000001s526891
10000001s526891
100000015626891
100000015626897
100000015626897
o4/26120t9 8264 s s69,347.OO
005067- BtoFUEtGENERATTON 055.9200.500152 5 23,779.50 Biomethane
SERVICES, L
RPS12019
o2l28l2,t9 826s s 23,779.50
003407 - VERNON POLICE OFFICERS 011.210250 S 1,913.55 Police Association Member Dues: Payment 8en215431
BENEFIT 0412s/2019 8255 s 1,913.s6
00s392 - TEAMSIER5 LOCAL911 011.210250 5 1"980.00 Teamsters LocalgU Dues: Paymem Ben2154t9
020.210250 S 396.00 Teamst€rs Localgu Dues: P.yment 8en215419
055.210250 S 190.80 T€amne6 Localgll Du€s: Payment 8en215419
057.210250 5 7.20 Teamstels toc.l911Dues: Payment 4en215419
0s5.210250 $ 18.00 feamsteE to@l9l1Dues: Payment_ 8en215419 o4lzslzot9 a267 s 2,592.00
003141 - VERNON FIREMENS 011.210250 S 3,413.00 Fire House Fund: Payment
ASSOCIATION o4l2sl2oL9 8268 s 3,413.00
Ptinted: 4 /30 /2079 2:06:51 PM
8en215435
Pase 30 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ETECTRONIC
. ..: AcCqUl{I,, NllolcE .:,,::,,i,: ...,!..!iri:,::i;,,:,,,l BwEm DAYMEm PAYMEI{T
vEt{rroR rraMEAr{D IuMBE( t{uMlER amour$r oElcnrrrtor{ ,'.:'i. trvotcr p.o.ii:'i;iiiii:i:i:i:r::::: DArE I{uMBEn aMouNT
003168- TCMA RETIREM ENT TRUST 077-270220 S 2A,932-73 Deferrcd compensation: Payment 8en215423
457
O2O.2aO22O S 1,584-98 Defered Comp€ns.tion: Payment 8en215423
0ss.210220 S 8,012.50 Oeferred Compensatton: PaYment Ben21s423
055.210220 S 1,325,53 Defered compenration: Payment 8en215423
os7-2to22o S 20.00 Deturred Compentation: Payment Ben21s423
04125/2OL9 8269 s 39,a7s-74
003146 - CITY OF VERNON, FSA 011.100013 S 288.30 FSA - Dependent: Payment
ACCOUNT
011.100013 s 253.47 FSA- Medical: Payment
8en215429
8en215429
o4l2sl2ot9 8270 s s41.77
P tinted: 4 130 /2019 2:05; 51PM Pase 31 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
OO4O75. THE DEPARTMENT OFTHE
TREASURY
011.210210
020.210210
055.210210
056.210210
057.210210
011.210210
020.210210
0s5.210210
056.210210
037.210270
011.210210
055.210210
055.210210
055.210210
055.210210
o20.210210
S 105,578.24 Federal Withholding: Payment
S 5,890.47 Federal withholding: Payment
S 22,042.98 Federal Withholding: Payment
S 2,563.73 Federal Withholding: Payment
S 60.59 Federal Withholding: Payment
S 25,703.55 Medicare: Payment
S 1,583.88 Medicare: Payment
S 5,983.26 Medicare: Payment
S 582.90 Medicare: Payment
S ra.a4 Medicare: Payment
S 130.34 Social SecurityTax: Payment
S 10,369.40 Federal Withholding: Payment-
S 1,355.88 Medicare: Payment-
S 29,589.12 Federal Withholding: Payment-
S 4,330.15 Medicare: Payment-
5 -Zl.l0 Medicare: Payment
Ben215421
8en215421
Ben215421
8en215421
8en215421
8en215421
8en215421
8en215421
8en215421
8en215421
Ben215421
8en215421
8en215421
8en215421
8en215421
8en215421
04/2slzo]^s 8271 s 215,852.24
Ptified: 4 /3012079 2:06:51PM
Pase 32 oI 77
NUMBER AMOUNT DESCRIPTION tNvorcE
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
PAYMEiIT PAYMEi'I DAYMEIII,c@um l volcE
ETECTRONIC
001635 - EMPLOYMENT
DEVELOPMENT DEPT
011.210210 S 43,200.01 State Withholding: Payment
020.210210 5 2,274.67 State Withholding: Payment
055.210210 5 9,246.78 State Withholding: Payment
055.210210 s 1,001.40 state withholding: Payment
057.270210 S 19.50 State Withholding: Payment
055.210210 s 3,110.82 State Withholding: Payment-
055.210210 s 8,876.74 State Withholding: Payment-
8en215427
Ben2L5427
Ben2l5427
Ben2l5427
Ben2L5427
Ben2t5427
Ben215427
04126/20L9 8272 5 67,729.92
Printed: 4/30/2019 2:06:51PM Pase 33 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
ELECTRONIC
tNvotcE
AMOUNT DESCRIPTION tNvotcE P.O.#
PAYMENT PAYMENT
DATE NUMBER
PAYMENT
AMOUNT
000714 - CALPERS 055.210240 s
057.2t0240 s
oLr.2LO240 s
02}.2LO24O s
055.210240 s
011.210240 s
020.2L0240 s
0ss.210240 s
055.210240 s
057.270240 s
0L1.2L0240 s
055.210240 s
055.210240 s
011.1004.530034 s
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
PERS Contributions: Payment-
PERS Survivor's Benefit: Payment"
Rounding adjustment
3,360.57
76.36
205,897.15
8,706.96
32,838.7t
t84.14
14.33
35.71
3.72
0.18
308.85
-564.20
-0.93
-4.14
8en215425
8en215425
8en215425
Ben215425
Ben215425
8en215425
Ben215425
8en215425
Ben215425
8en215425
8en215425
8en215425
Ben215425
Ben215425
04129/20t9 8273 5 250,861.41
OO4O74 - STATE DISBURSEMENT UNIT 011.210250
011.210260
011.210260
011.210260
0ss.210250
959.23 Child Support: Payment
L,402.15 Child Support: Payment
78.92 Child Support: Payment
53.07 Child Support: Payment
368.76 Child Support: Payment
s
s
s
s
s
8en215433
8en215433
8en215433
Ben215433
8en215433
04/29/20]-9 8274 5 2,872.r3
P(inred: 4 /3O / 2019 2:06:51PM
TOTAL ELECTRONIC S 7,894,498.8s
Pas,e 34 of 77
ACCOUNT
NUMEER
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
EARTY CHECKS
AC@UiIT II{IIOICE PAYMEI{T CHECX PAYMEI|I
VEI{DOi IIAME AITD I{UMBEN UUAEi AMOUI{T DESCNIPI|OI! flI'OICE P.O* OAI€ IIUi'BER AMOT'IIT
001948 - AT&T 011.9019.s60010 s
011.9019.s60010 s
706.35 Period: o2/20/L9 - 03/ 19/19
187.42 Period: 02/20/L9 - O3l t9179
032019
03201s(2)
04109/zots 602649 s 893.77
002889. AT&T MOBILITY 011.9019.560010 s 46.23 Period: O2|O9/L9 - o3lo8/19 832175480X03162
019
04l09/2079 602650 s 46.23
005490 - cTNTAS CORPORATTON 020.1084.540000
055.8000.540000
0ss.8100.540000
055.5500.540000
020.1084.540000
055.8000.540000
055.8100.540000
056.5600.540000
020.1084.540000
05s.8000.540000
055.8100.540000
055.s500.s40000
125.78 Uniforms
31.06 Uniforms
94.97 Uniforms
36.80 Uniforms
111.03 Uniforms
55.57 Uniforms
80.45 Uniforms
36.80 Uniforms
111.03 Uniforms
31.05 Uniforms
104.97 Uniforms
36.80 Uniforms
S
S
s
s
s
s
s
s
s
s
s
s
407774t996
4077741996
407774L996
407774L996
4018134254
4018134254
4018134254
4018134254
4018538140
4018538140
4018538140
4018538140
04/09/2079 6026s1 s 855.33
006568 - JUSTTN CORTEZ 011.1031.595500
011.1031.596700
s
s
154.80 Firearms - Tactical Rifle Course
99.00 Firearms - Tactical Rifle Course
021319
021319
253.80
P rinted: 4 130 12079 2:06:51PM
04/oel2oLs 6026s2 S
Pase 35 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
A6.oUilT I VOICE PAYMEI{T CHECI( PAYME'IT
irEI{DOR IIAME AIID IIUMBER IIUMBER AtllOUt{T DESCnlmql! ..ii:i:l:: , ll{lrolcE . P.O.l .,, OAIE I{UMAER ArilOUXl
00s489 - DUNGAREE LLC 020.1084.540000 $ 188.97 Rutland Thermal Lined Zip Front " 2047042 011.0013685
020.1084.540000 5 188.97 Rutland Themal Lin€d zip Front_ 2047042 011.0013685
020.1084,540000 5 $4,97 Rutland ThermalLined Zip Front" 2O47O42 011,0013685
o4lo9l2ot9 6026s3 9 s66.91
004438 - FLEMING ENVIRONMENTAL, 011.1049.590000 S 550.00 Operator Site lnspection 03/19
tNc
011.1049.590000 S 2,400.00 OverfillPreventionEquipment
14533
14555
o4/o9l21L9 6026s4 s 3,0s0.00
000159 - FRED PRYOR SEMINARS & 055.9000.595700 S 4,535.00 Renewals
CAREER
2L5037
04/0912019 5025ss s 4,s35.00
005825 - FRONTIER 011.9019.s60010 5 s5.01 Period: O3h6h9 - 04/Ls/79 031619
0410912019 6026s6 s SS.O1
004239 - HSA BANK 011.1025.502030 S 500.00 Employer Contribution 09loll78 081518
o4lo9/2079 6026s7 S SOO.OO
004722 - KIMBALL MIDWEST 011.1045.520000 S 101.88 801301CN Lubricant
011.1046.520000 S 96.80 87t92t Disc pads
011.1045.520000 s 101.88 80926 Grease
011.1046.520000 S 28.55 SalesTaxg.5%
6985650 011.0013551
6985650 011.0013651
6985550 011.00135s1
598s6s0
o4/09/21t9 6026s8 s 329.11
Printed: 4/30/2019 2:06:51PM Paee 35 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
ACCOUiT HVOICE ?AYMEI{T CHECX PAYUEiIT
VEI{DOi I{AME AI{D I{UMBEN TUMEER AMOI'I{I DESCAIPTIOII IIII,oICE P.O.I OATE UMBER AMOUT'T
000995 - GABRIEL MARTINEZ 011.1031.595500 S 97.08 Field Training Program 0327L9
o4/o9l2ot9 6026s9 s 97.08
003231 - MARX BROS FIRE 011.1049.590000 S 1,650.00 Fire Extinguisher
EXTINGUISHER CO
055.8200.596200 S 490.00 Fire Extinguisher
055.8400.596200 S 490.00 Fire Extinguisher
78894
E52L22
E52L22
o4lo9/2019 602560 s 2,530.00
003200 - MCCALL'S METER SALES & 020.1084.520000 S SOO.O0 Meter Testing
SERVICE
31509
o4lo9/20t9 502561 s s00.00
000839 - MEASUREMENT CONTROL 056.5600.596200 5 L,425.49 Natural Gas Meter Calibration
SYSTEMS, I
056.5600.595200 s 1,373.34 Natural Gas Meter Calibration
206L27
206t28
04/o9l2}t9 602662 s 2,798.83
001808 - DANITA ROBERTSON 011.1031.595500 S 104.00 Legislative Summit 2019 040119
o4/o9l2}L9 502553 s 104.00
003775 - gwA 5 PRINTING NETWOR( 011.1060.s20m0 S 79.00 City ot Vernon Eusln ss Cards for 26920 011.@13591
011.1050.520@0 9 79.00 City ofvehon Busin€rs Cardifor 26920 011.0013591
011.1060.520@0 $ 15.01 s.lesT.tg.sr 26920
o4lo9l2079 6025er s 173.01
Printed: 4/30/2019 2:06:51PM PaF.e 37 of 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
EARTY CHECKS
ICCOUISI IIIVOIGE PAYMEI|T CHECX
'AYMIITIVll{DOR I{AME al{p l{UM8$ I{UMBER AMOUIfi D€S,CR|mOll lln OlCl P.O.l DAIE I{UMBER AMOUrI
000259 - SUPERIOR ELECTRIC MOTOR 020.1084.590000 S 6,249.43 Emergency Repairs
SERVIC
rL4759
o4/o9l2}t9 50255s 5 6,249.43
OOO429. UC REGENTS 011.1033.596200 S 2,541.83 CElQl Services 20t7
o4/0e120L9 502555 5 2,s41.83
003903 - US HEALTHWORKS MEDICAL 011.1025.597000 S 139.00 Medical Services
GROUP,
3484915CA
04/09/2079 602667 s 139.00
001481 - VERIZON BUSINESS SERVICES 011.9019.550010 S 010.07 Period:02/79 71078185
o4lo9/2019 502658 s 616.67
000345 - AIRGA USA, LLC 011,120010 9 803.20 0523-110 Safety Glarses Elite, Smhh & 9ot66777?o 011.0013699
011.120010 S 318.40 2999-100 Alcohollso 99% GalUN1219 9085677780 011.0013699
011.120010 S 106.55 SalesTaxg.s% 9085577780
04^L12019 502659 s !,228-\5
001948 - AT&T 055.9200.560010 S 331.23 Period:O3lL9l79-O4lL8/19 310823515s
04/17/2079 602670 s 331.23
o0t72L - CALOX, tNC 011.1033.590000 S 15.00 Oxygen Bottle Refill 554414
o4/7t/2}79 60267L s 1s.00
003088 - CLINICAL LAB OF SAN 011.1060.595200 S 14.00 Lab Services
BERNARDINO
o4/tt/2ot9 602672 5 14.00
Ptinte& 4 /30 12079 2:06:51PM
96691s
Pase 38 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
002566 - DEWEY PEST CONTROL 056.5600.s90000 s 65.00 Pest Control Services L2447665
04/11/2019 602573 s 65.00
OOO33O - DIAMONDBACK FIRE &
RESCUE, INC
011.1033.520000
011.1033.s20000
S
s
865.00 Part Number: 8323075-
82.27 Sales Tax 9.5%
14315
14315
011.0013610
04177/20L9 602674 5 948.27
001359 - FIREFIGHTERS' SAFETY
CENTER
011.1033.520000 s 24.64 Uniforms 27339
04lLL/2}ts 60257s s 24.64
004181 . FRANCHISE TAX BOARD 020.210260
055.210250
148.41 Garnishment: Payment
841.00 Garnishment: Payment
8en215055
8en215056
04l:-Ll2A19 602676 5 989.41
OOI7]-2 - GRAINGER, CO 0s5.5600.520000 s L,674.72 Materials & Tools-9087s13702 056.0000519
o4/11/2}r9 602677 5 L,674.72
006570 - LA COUNTY BUSINESS
FEDERATION
0ss.9000.595ss0 s 5,000.00 Membership Dues / A. Kimmey 3148
o4/tt/2or9 602678 s s,000.00
003863 . ONESOURCE DISTRIBUTORS,
LLC
055.8000.900000
0ss.8000.900000
5,042.46 Roto Test Switches-
479.03 Sales Tax 9.5%
s
s
s604723700L
s6047237001
5,52L.49
Printed: 4/30/2019 2:06:51PM
055.0002718
04/77120t9 602679 s
Pase 39 of 71
EARTY CHECKS
VENDOR NAME ANO NUMBER NUMBER AMOUNT DESCRIPTION tNvotcE
s
s
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7,2019
EARTY CHECKS
ACCOUI{T II{\'OICE PAYUEIIIT CHEC( PAYMEIVI
VENDOR iIAME AI\IO iIUII/IBER iII'MAER AMOUiI DESCRIPnO ll{VOrcE P.O.I I'ATE NUMEEN AMOUI{T
005057 - SECURITY NETWORK, INC 055.5600.595200 S 105.00 Alarm Monitoring -55790M 0s6.0000s30
o4lr]^/20L9 502580 s 10s.00
005556 - SWEINHART ELECTRIC CO 011.1049.590000 5 All.q9 Booster Pump Repairs 20219
o4/rL/2OL9 602581 5 877.49
004441 - U.S. DEPT OF EDUCATION 011.210250 S 408.74 Garnishment: Payment 8en215054
o4ltl/2o19 602682 s 408.74
000778 - CALIFORNIA WATER SERVICE 011..1033.560000 S Sr.S3 Period: 03/19 0322t9
04h6/20t9 602683 s 91.s3
000661 - SERGIO CANALES 011.1048.530015 S 197.40 Reimb. Possessory lnterestTax-040819
o4l16l2,L9 602684 s 197.40
004997 - DIV OF THE STATE ARCHITECT 011.200235 S 484.00 1st Qtr 2019 581185 040819
o4h6l20t9 60268s s 484.00
005206 - FOLsOM LAXE FORD 011.1031.840000 $ 39,065.65 2019 rORD UTIUTY PATROL VEHICLE with 119675 011.0013397
011.1031.8ircm0 s 8.75 Cslitornia Tire Fee Fr3675 011.0013397
011.1031.840@0 S 3,711.33 salesTaxg.5% F19675
o4l76l29t9 602585 s 42,76.73
004000 - ARMANDO HINOJOS 055.8000.596700 S 80.00 Reimb. Water Distribution Renewal 040819
o4l76l2oL9 602687 s 8O.OO
P rirned: 4 /3O 12019 2:06:51PM Pase 40 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
VENDOR NAME AND NUMBER
003332 - P&F DISTRIBUTORS
ACCOUNT INVOICE PAYMENT CHECI( PAYMENT
NUMBER AMOUNT DESCilPNON INVOICE P.O.f DATE NUMBER AMOUNT
055.5600.520000 s
055.5500.520000 s
0s5.s600.s20000 s
2,274.8L Pipe & Fittings-
284.84 Pipe & Fittings-
234.08 Pipe & Fittings-
127594tN
127998tN
127999tN
055.0000521
0s5.0000s21
056.0000521
04/16/2019 602688 s 2,793.73
004300 - PAcrFrc FooDs coMPANY 0s5.7200.596702 s Ll,367.97 Customer lncentive Program 040919
04116/2O7s 502689 s 7t,367.97
006572. THE CHOICE PRODUCE, INC 0ss.7200.s96702 s 5,346.85 Customer lncentive Program 040918
04l16l2ore 602590 s 6,346.85
000005 - ATHRoNE CO, tNC 011.1033.s96200 s 229.20 Portable Restrooms 57t253
04lL8l2Ot9 502591 s 229.20
007624 - ALLSTAR FIRE EQUIPMENT,
lNc
011.1033.850000
011.1033.850000
011.1033.850000
011.1033.8s0000
011.1033.850000
011.1033.850000
011.1033.850000
011.1033.850000
011.1033.850000
s
s
s
s
s
s
s
s
s
558.00 HAIX Airpower XR1 Leather Station, EMS
545.70 Phenix Tech 1500-2007GR-ESS Fire
164.00 Protech Titan NFPA Structure Gloves
58.00 Protech WK Black Leather Wlldland
75.00 Majestic PAC|ll Black Carbon Bib Style
150.00 Hot Shield HS2 - Carbon Face Mask with
570.00 Hathorn H7809 Black l0" Leather
774.00 Haix Fire Hunter Xtreme NFPA Leather
276.04 SalesTax9.5%
2t4277
2t427r
27427t
21427t
2t427L
21427L
2t427L
2L4271
2t4277
011.0013689
011.0013589
011.0013589
011.0013589
011.0013689
011.0013589
011.0013689
011.0013689
3,t87.74
Ptinted: 4 /30 /2079 2:06:51PM
04/t812079 602692 5
PaEe 41 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
OOO487. AMERIPRIDE UNIFORM
SERVICES
056.s510.596702 s 800.00 Customer lncentive Program 041779
04178/20L9 602693 s 800.00
006537 - APPLE VALLEY CHOICE
ENERGY
0ss.9200.s00180 s 5,000.00 Capacity CharBes 03/19 1301
04178120t9 502694 s 5,000.00
003749 - CA BUILDING STANDARDS
COMMISSI
011.1041.595200 s 929.70 1st Qtr 01/01/19' O3l31l L9 040919
04lL8l2019 60259s s 929.70
000970 - DANGELO CO 011.120010
011.120010
s1361819001
s1351819001
011.00136957,622.00 3052-700 CLOW fR1520771Upper Valve
154.09 Sales Tax9.5%
04/L812079 602696 5 r,776.09
005191. DATATICKET, INC 011.1031.594200 s 806.92 Parking Citations Processing Services 98548
04/:^8120t9 602697 s 805.92
OOO977. DEPARTMENT OF
CONSERVATION
011.1041.595200 s 6,292.29 Mapping Fee 1st Qtr 2019 040919
04178/2OLe 602598 5 6,292.29
Printed: 4/30/2019 2:06:51PM Pase 42 of 7l
AMOUNT DESCRIPTION
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
EARTY CHECKS
.tt,::.a:) tc@ul{I r vorcE :,:::i , .. PAYMEiIT. cHEc( PAYMEI{T
VEIiIDOR I{AME AI{D I{UMBER ITUMBER AMOUI{T D€SCRIPIIOT VOICE P.O.' DATE I{UMSER AMOUI{T
003489 - FLoRENCE FTLTER 011,120010 5 83,76 1531-914 14" x30" x 1" MERV1o Pl€at, 1108551N 011.0013709
CORPORATION
011.120010 s 40,80 1631-950 16'X 20" X2" MERV1o Pleat, 110865tN 011.0013709
011.120010 5 42.00 1631-955 16"x 25" x2" MERV1o Pleat. 1108651N 011-0013709
011.120010 S 44.40 1531-962 20"x 20" x 1" MERV1o Pleat. 1108551N 011.0013709
011.120010 S 40.80 1631-963 20"x 20" x2" MERV1o Pleat. 1108651N 011,0013709
011.120010 S 40.20 1631-964 20"x 2s" x 1" MERV1o Pleat. 1108551N 011.0013709
011.120010 S 79.81 Freight
011.120010 5 27.74 Sales Tax 9.5%
110865rN 011.0013709
110865rN
o4/L8l2OL9 502599 s 399.s1
005718 - HELPLINE YOUTH 011.1021.797000 S 30,000.00 CommUNlTY Fund Grant Award
COUNSELING
041119
o4lt8l21t9 602700 s 30,000.00
003911 - HUMAN SERVICES 011.1021.797000 S :O,OOO.O0 CommUNlTY Fund Grant Award
ASSOCIATION
041119
04/78/2079 6O27OL 5 30,000.00
000686 - IGOE & COMPANY, INC 011.1026.594200 S 75.00 Participation Fee 191169
04/78/2079 602702 s 7s.00
000804 - LB JOHNSON HARDWARE CO 055.8400.590000 S 0.S3 Hardware Supplies-
#1
055.8400.590000 S SS.O3 Hardware Supplies-
100341 055.0002675
702125 055.0002675
o4/t8l20r9 602703 s 41.s5
Ptinted: 4 / 30 I 2019 2:06:51PM Pase 43 of 71
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
-
ACCOUii ..,,1NVO|CE PAYMEI{T CHECX PAYIlrEiar
VEipOR I{AME AIIO ITUMBER r{UMBEn. Arr,toul{t DEsCIIPTIOI{ I VOICE P.O.t DATE ITUMBER AMOUI{T
OOO897 - LEAGUE OF CALIFORNIA
CITIES
011.1002.s96ss0 s 78.00 Membership Dues 189548
04/L8l2Ot9 502704 s 78.00
001060. LIFE-ASSIST, INC 011.1033.520000
011.1033.s20000
s
s
2,067.77 Medical Supplies-
163.80 Medical Supplies-
905312
908275
011.0013224
o7t.oo\3224
04/78/2019 60270s s 2,23t.57
003908 - LOPEZ & LOPEZTTRE SERVTCE 011.1046.s20000
011.1046.520000
011.1045.520000
011.1046.520000
011.1045.s20000
011.1045.520000
011.1045.520000
18.00 Tires, Accessories & Repairs-
676.37 Tires, Accessories & Repairs-
883.00 Tires, Accessories & Repairs-
105.78 Tires, Accessories & Repairs-
18.00 Tires, Accessories & Repairs-
18.00 Tires, Accessories & Repairs-
18.00 Tires, Accessories & Repairs-
S
s
S
s
5
s
s
20769
20794
20801
20872
208L7
2L043
2L082
011.0013189
011.0013189
011.0013189
011.0013189
011.0013189
011.0013189
011.0013189
04/L8l2OL9 602705 s 7,737.r5
Prir.f.ed: 4 130 12019 2:06:51PM PaPe 44 o'177
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
ACCOUNT
NUMBER rNvotcE P.O.#
PAYMENT
DATE
CHECK
NUMBER
PAYMENT
AMOUNT
OO115O - MCMASTER CARR SUPPLY
COMPANY
055.8000.590000
055.8000.590000
055.8400.590000
0ss.8000.s90000
055.8000.590000
055.8000.590000
0ss.8000.s90000
0ss.8000.s90000
0ss.8000.s90000
055.8000.590000
055.8000.590000
055.8000.590000
055.8000.590000
494.07 Hardware Supplies-
53.58 Hardware Supplies-
711.41 Hardware Supplies-
555.53 Hardware Supplies-
527.91 Hardware Supplies-
396.31 Hardware Supplies-
112.40 Hardware Supplies-
159.22 Hardware Supplies-
7 78.72 Hardware Supplies-
49.42 Hardware Supplies-
-7 78.72 Hardware Supplies-
55.41 Hardware Supplies-
550.35 Hardware Supplies"
s
S
s
s
s
s
S
s
s
s
s
s
s
85265590
85574145
8s585818
86503137
87455840
87465841
87730044
88481 1 13
889L4292
89064775
89173619
89466625
8974340L
055.0002575
055.0002676
0ss.0002576
055.0002675
055.0002575
0ss.0002675
055.0002675
055.0002676
055.0002575
055.0002676
055.0002675
055.0002676
055.0002676
04178120t9 602707 5 3,776.71
OOO839 - MEASUREMENT CONTROL
SYSTEMS, I
056.s600.s90000 s 1,035.84 Electrical Supplies-20ss38 0s6.0000s1s
04178120t9 602708 s 1,035.84
OOO3O9 - NAPA AUTO PARTS 011.1046.520000 s 1,619.24 Auto Parts & Accessories-032819_MULTtPLE 011.0013192
04/L8/20L9 602709 s 1,619.24
006571 - NATIONAL READY MIXED
CONCRETE
25,203.22
Ptintedt 4 I 30 / 2019 2:06:51PM
011.1004.401250 s 25,203.22 Sales Tax Sharing Agreement 040919
04/18/20t9 602710 s
Paee 45 of 7L
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
OOO191 - STATE STREET LAUNDRY 011.1031.520000
011.1031.520000
011.1031.520000
011.1031.s20000
6.30 Laundry Services-
4.50 Laundry Services-
6.30 Laundry Services-
10.80 Laundry Services-
S
s
s
s
11609
11610
11511
LL6L2
011.0013233
011.0013233
011.0013233
011.0013233
04/L8/2019 502711 s 27.90
006541 - THE WHOLE CHILD 011.1021.797000 s 10,000.00 CommUNlTY Fund Grant Award 041119
04l]^8l2Or9 6027L2 5 10,000.00
OOO282 - TRI.CITY MUTUAL WATER
COMPANY
011.1033.s50000 s 157.50 Period:03/19 040119
04lt8l2079 502713 s 157.50
OO2O75 - WEIDMANN ELECTRICAL
TECHNOLOGY
0ss.8000.590000
055.8000.590000
484.90 Oil Samples -
471.00 Oil Samples -
5900235281
5900235282
055.0002680
0ss.0002680
s
s
04lL8/20t9 6027t4 5 9s5.90
OO572T - WOODCRAFT RANGERS 011.1021.797000 s 40,000.00 CommuNlry Fund Grant Award 041119
04/7812079 50271s s 40,000.00
OO53O8 . JOSEPH ALVARADO 020.1084.s96700 s 399.99 Reimb. Water Transmission & Distributor 032519
04/23l21te 602716 s 399.99
006293 - B-L|NE |NVESTIGATIONS, INC 011.1031.596200 s
2,550.00
Ptialed: 4 / 30 12079 2:06:51PM
2,550.00 Background lnvestigation Services 1040
04123120t9 602717 5
PaRe 46 of 7L
NUMBER AMOUNT DESCRIPTION lNvorcE P.O.S NUMBER AMOUNT
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARLY CHECKSffi t lrotcE i,:: 4 ,,it., PAYITE!{T cHEc( PAYII|EI{T
vEiliroi IAME aib NUMBER ijiilirEn atritdulvl oEschtPrto 'l:'' ' l rrorcE," P.o.l D rE I{UMBER auouilr
OO5O7a - BURKE,WILLIAMS& 011-1024.593200 S 529.35 Prcfe$ional SeNices 02/19 238895
50REN5EN, LL 04123/20a9 602718 s 529.35
000395 - CAEHA 011.1060.596200 S 59,656.83TemporaryStaffing
04/23/2019 6O27t9 s s9,6s6.83
ooo778 - CALTFORNIA WATER SERVICE 011.1043.560000 5 44.47 Period: 03/19 0322t91r2l.
04123/2079 602720 5 44.47
Ptinted: 4 130 12079 2:05:51PM Paae 47 of 7t
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARTY CHECKS
VENDOR NAME AND NUMBER
OO549O - CINTAS CORPORATION
ACCOUNT TNVOICE PAYMENT CHECK PAYMENT
NUMBER AMOUNT DESCRTPTTON TNVOTCE q.O.# DATE NUMBER AMOUNT
011.1043.540000 s
011.1046.540000 s
011.1047.s40000 s
011.1049.540000 s
011.1043.s40000 s
011.1046.540000 s
011.1047.540000 s
011.1049.s40000 s
011.1043.540000 s
011.1046.540000 s
011.1047.s40000 s
011.1049.540000 s
020.1084.540000 s
0ss.8000.s40000 s
05s.8100.540000 s
056.5500.540000 s
011.1043.540000 s
011.1045.s40000 s
011.1047.s40000 s
011.1049.540000 s
020.1084.s40000 s
0s5.8000.540000 s
0s5.8100.s40000 s
120.24 Uniforms
34.98 Uniforms
27.09 Uniforms
39.57 Uniforms
128.01 Uniforms
34.98 Uniforms
44.34 Uniforms
39.57 Uniforms
119.46 Uniforms
34.98 Uniforms
27.09 Uniforms
39.57 Uniforms
177.35 Uniforms
34.69 Uniforms
84.03 Uniforms
50.48 Uniforms
153.29 Uniforms
34.98 Uniforms
27.09 Uniforms
39.57 Uniforms
113.90 Uniforms
32.88 Uniforms
95.90 Uniforms
4017813159
4017813159
4017813159
4017813159
4018219594
4018219594
4018219594
4018219594
40185208ss
4018520855
4018520855
40185208ss
4018945033
4018946033
4018946033
4018946033
4019035419
4019035419
4019035419
4019035419
40193s3094
4019353094
4019353094
P rinted: 4 I 30 12079 2 :06:51PM Pase 48 of 71
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
OO549O - CINTAS CORPORATION 056.s500.s40000 s 40.42 Uniforms 4019353094
04123/2OL9 60272t 5 t,574.46
003846 - C|TY OF HUNTINGTON PARK 011.1031.594200 s 5,7OO.62 Prisoner Booking Log 19638
04/2312019 602722 5 s,700.62
OOOO38 - JEREMY CROSS 011.1031.s96500 s 52.00 Axon Accelerate Conference 032819
04/2312Or9 602723 5 52.00
002556 - DEWEY PEST CONTROL 055.8400.s90000
0s5.8400.590000
s
s
122.00 Pest Control Services
122.00 Pest Control Services
L24325L3
12499154
04/2312OL9 602724 5 244.00
005782. REPORTING SYSTEMS, INC 011.1033.596700
011.1033.596700
s
s
3,554.00 Yearly NFIRS Package Subscription
100.00 Yearly PA CAD Link Maintenance Fee
20t920s2
20192052
011.0013711
011.0013711
0412312019 60272s 5 3,664.00
006423 - ALAN FRANZ 011.1060.595700 s 100.00 Commission Attendance Stipend-032019
04/2312019 602726 s 100.00
004498 - HECTOR GARCIA 011.1060.s96700 s 100.00 Commission Attendance Stipend-032019
04/2312019 602727 5 100.00
001986 - HANSON AGGREGATES, LLC
724.70
Printed: 4/30/2019 2:06:51PM
011.1043.s20000 5 724.70 Sand 1979997
04/2312OL9 602728 5
Paae 49 ot 7L
EARTY CHECKS
VENDOR NAME AND NUMBER NUMBER
PAYMENT
NUMBER
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
ACq'UllY I I'OICE PAYMEUI CHEC!( PAYMEM
VEITI'OR I{AII/IE AT{D iIUMBEN i'i/IBER AMOUIYI OEsICNI?T|O ,, I I'OICE P.O.* DAIE I{UMBE8 AMOUIIT
005350 - HAUL AWAY RUBBISH 055.8400.595200 S 167.00 Disposal & Recycling Services
SERVICE CO,
055.8400.596200 S 531.00 Disposal & Recycling Services
93X05294
93X05295
04/2312079 602729 s egA.OO
005144 - INT'L INST OF MUNICIPAL 011.1003.595550 S 170.00 Renewal / M. Ayala
CLERKS
032779
o4/23/20L9 602730 s 170.00
005173 - INVESTIGATIVE POLYGRAPH 011.L031.596200 S 140.00 Background Investigation Services 311
SVC
o4/23120L9 602731 s 140.00
006399 - ,oE MAR PoLYGRAPH & lNv 011.1031.596200 S 22s.m Pre-Employmeot Polygnph Exam 201903026
sVC, I
o4l23lzo19 @2732 s 225.00
001800 - JSB FIRE PROTECTION, LLC 011.1033.595200 S 3,333.15 Plan Check Services 19203
04/23/2079 602733 s 3,333.1s
001792- LACOUNTYASSESSOR 011.9019.590110 s 64.00 SBFAbstract
OFFICE
19ASRE188
04123/2019 602734 s 54.00
006422 - MARIPOSA LANDSCAPES, INC 011.1049.590000 S 3,582.00 Landscape Maintenance
o4/23/20t9 602735 s 3,s82.00
Printed: 4/30/2019 2:06:51PM
84053
PaRe 50 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARTY CHECKS PAYMEIIT CHECI( PAYMCI|T
VE D{tN AME AI{D I{UMBER I{UMBEi AMOUI|T DE9CRIPIIO NVOICE P.O.' OAIE I{UMAER AMOUI{I
oo115o- MCMASTERCARRSUPPLY 011.1045.520000 s
COMPANY
011.1046.s20000 s
011.1046.590000 s
011.1045.520000 s
77.28 6539K38 double grip lock 3/4" male end 9OL42782
103.40 5539K48 double grip lock 3/4" female 90142782
7.39 Freight 90t42782
17.16 SalesTax9.S% 90L42782
011.0013555
011.00136s5
011.0013655
04/2312O1s 602735 s 205.23
005485 - MEDTCAL EYE SERVTCES, INC 011.210230
011.210230
011.210230
011.210230
011.210230
011.210230
011.210230
011.210230
0202L0230
057.210230
055.210230
011.1004.530034
011.1026.502031
5,275.84 Vision lnsurance: Payment
11.59 EE1065 Resigned as of OtlO6ll9 -
-27.12 EELO$4 Wrong plan on Eden - made
-11.59 EE1122 New hire 01/07 h9 - not on
-11.59 E81078 New hire 03106/79 - not on
-11.59 EE1125 New hire O3lOSlLg - not on
-11.59 EE1126 New hire O3lO6h9 - not on
-11.59 EE1123 New hire O2hlltg - not on
11.59 EE1075 Resigned asotO2{OTlL9 -
8.97 EE0137 Retired as of 02/14/19 - waiting
20.93 EE0137 Retired as ot 021141L9 - waiting
1.37 Rounding Adjustment
85.54 COBRA Employees
s
s
s
s
s
s
s
s
s
S
5
s
s
190674179001
190674179001
t90674t7900L
L90674L79001
190574179001
190674179001
190574179001
190574179001
190674179001
190574179001
190574179001
190674179001
190574179001
04/2312019 602737 5 5,330.76
004451 - QUALITY JET ROOTER, INC
135.00
Ptinted: 4 / 30 /2079 2:06:51PM
011.1049.590000 s 135.00 Plumbing Services 25163
o4/23120L9 602738 s
Pase 5L of 71.
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARTY CHECKS
001457 - QUINN COMPANY
ACCOUI\II IXVOICE SAYMEI{T OTECX PAYMETT
VEIIDOA iNME AI{O IIUMSER UUBEN A|/|OUI{T DE9CRIPIIOX FIVOICE P.O.T DAIE ITU BEN AMOUI'I
011.1046.520000 s
011.1046.520000 s
011.1046.520000 s
011.1045.s20000 s
011.1046.s20000 s
011.1045.s20000 s
011.1046.520000 s
011.1046.520000 5
011.1046.520000 s
011.1046.520000 s
011.1046.520000 s
011.1045.590000 s
011.1045.590000 s
011.1046.520000 s
t]-.l3 7w2326 oil filter
15.00 1750083 elbo breather
1,357.92 2Or4827 pump gp f
LL.73 2018745 gasket
67.15 2388648 coolant elc
4.89 2432709 seal o ring
22.56 5153957 cat deo uls 15e 40s
L13.64 919475 bearing
149.64 1300485 pin
75.00 recycle fee
50.00 misc supplies
3,761.25 labor
548.53 Freight
178.57 Sales Tax 9.5%
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
wE90781
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
011.0013551
04123/2019 602739 s 5,358.11
005987 - SINTRA GROUP, INC 011.1025.s94200 s 5,428.7 5 Background I nvestigations 2019 1 15
04/23/20t9 602740 5 5,428.75
000059 - so cAL EDtsoN 0ss.9100.454000 s 200.00 Joint Pole, Salvage Equipment, &7501008988
04123/20L9 602747 s 200.00
002079 - so cALiorNT PoLE
COMMITTEE
r,005.77
0ss.9100.s96200 s 1,005.77 Operating Expense 03/19 20222
04/23/21te 602742 s
Pas.e 52 of 77Ptinted: 4 / 30 I 2019 2;06:51PM
CITY OF VERNON
OPERATiNG ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
EARTY CHECKS
rc@{ffi rt{llolcE PAYMEI{T CHICI( PAYMEI{T
vEt{Doi I{AME allD IUM8ER ITUMBCR Alrolrtt DgSCnlpror NvolcE P.o.t ... oarE UMBER alroultll
006553 - FRANE SOS|C 011.1060.596700 S 100.00 Commission Attendance Stipend- 032019
o4/23120L9 602743 s 100.00
000380 - sTAcY MEDICAL CENTER 011.1031.595200 s 1,400.00 Medical services 521131118
o4/23/21t9 602744 s 1,400.00
005419 - SUPERIOR CT OF CAL OF LA 011.1031.594200 S 2,596.50 Parking Citations 02119 041119
04/23/2079 602745 s 2,se5.s0
OO39O3 - US HEALTHWORKS MEDICAL 011.1026.502095 5 292.L9 First Aid Billing-
GROUP,
041119
o4/23120L9 602746 s 292.19
Ptinted: 4 /30 I 2079 2:06: 51PM Paee 53 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARLY CHECKS
itloon raur Atro luugER uMsEi' aMoti T oEscRtmo[ '': ll\rvorcE P.o.t DATE trruMaER ArroUNi
001628 - WECK LABORATORTES, tNC 020.1084.500140 s
020.1084.500140 s
020.1084.s00140 s
020.1084.500140 s
020.1084.s00140 s
020.1084.500140 s
020.1084.500140 s
020.1084.500140 s
020.1084.500140 s
180.00 Water Quality Testing and ReportinB
15.00 Water Quality Testing and Reporting
15.00 Water Quality Testing and Reporting
180.00 Water Quality Testing and Reporting
265.00 Water Quality Testing and Reporting
15.00 Water Quality Testing and Reporting
15.00 Water Quality Testing and Reporting
315.00 Water Quality Testing and Reporting
15.00 Water Quality Testing and Reporting
W8Ll53OCOVERNO
N
W8L1531COVERNO
N
W8L1532COVERNO
N
w8L1711COVERNO
N
w9c1214COVERN
ON
w9c1745COVERN
ON
w9c2076COVERN
ON
w9c2077COVERN
ON
w9c2078COVERN
ON
04123/2019 602747 5 1,015.00
003584 - WILLIAMS DATA
MANAGEMENT
011.1003.s96200
011.1003.595200
375.00 Storage Services
1,300.41 Storage Services
S
s
451599
462646
L,675.41
Ptinted: 4 /30 /2079 2:06: 51PM
04/23/20L9 602748 s
PaEe 54 ot 7L
C|TY OT VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
EARLY CHECKS
VENDOR NAME AND NUMEER
ACCOUNT
NUMBER
TNVOICE
AMOUNT DESCRIPTION " INVOICE P.O.#
PAYMENT
DATE
CHECX
NUMBER
PAYMENT
AMOUNT
003143 - AFLAC 0s7.210223
olt.2to223
020.2L0223
055.210223
056.270223
1LL.270223
055.210223
056.210223
011.1004.s30034
s
S
s
s
5
s
s
s
S
6.06 AFLAC (Pre-Tax): Payment
7,653.40 AFLAC (Pre-Tax): Payment
1,183.08 AFLAC (Pre-Tax): Payment
1,611.56 AFLAC (Pre-Tax): Payment
92.78 AFLAC (Pre-Tax): Payment
1,125.60 AFLAC (Post Tax): Payment
157.96 AFLAC (PostTax): Payment
L44.72 AFLAC (Post Tax): Payment
0.35 Supplemental lns - April-
Ben215409
Ben215409
8en215409
8en215409
Ben215409
8en215409
8en215409
8en215409
8en215409
04l2s/20t9 602749 5 11,985.51
OO554O - AMERICAN ENGINEERING
LABORATOR
056.5600.59s200 s 4,915.00 X-Rays of Welds 2Lt779
04/25/2019 6027s0 s 4,915.00
OO2I77 - BASIN VALVE COMPANY 0s5.s500.s20000 s 780.00 Gas Supplies-142961 0s6.0000523
04l2s/20L9 602751 s 780.00
004448 - BATTERY SYSTEMS, INC 011.1046.s20000 s
011.1046.520000 s
011.L046.520000 s
011.1046.s20000 s
011.1046.s20000 s
94.07 Vehicle Batteries-
105.03 Vehicle Batteries-
251.67 Vehicle Batteries-
303.25 Vehicle Batteries-
22.45 Vehicle Batteries-
4840469
4848815
48s0858
4852393
4858859
011.0013185
011.0013185
01 1.0013 185
011.0013185
011.0013185
786.47
Ptinted: 4 /3o /2079 2:06:51PM
04l2s/2OL9 6027s2 s
Pase 55 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
002242. CA DEPARTMENT OF TAX &
FEE ADM
011.1060.s20000 s 5,118.08 2018 Hazardous Waste Generator Fee o423t9
04l2sl2019 6027s3 s 5,118.08
001973 - CALIFORNIA FRAME & AXLE 011.1046.s20000 s 55.00 Vehicle Batteries-53594 011.0013193
o4l2sl2ot9 6027s4 5 55.00
OOO818. CAMINO REAL CHEVROLET 011.1046.520000 s
011.1046.520000 s
011.1045.s20000 s
011.1045.520000 s
011.1046.s20000 s
347.42 Auto Parts-
327.60 Auto Parts-
9.34 Auto Parts-
74.78 Auto Parts-
-50.00 Credit-
2039s
20701
20703
21402
cM20395
011.0013185
011.0013185
011.0013186
011.0013186
011.0013186
04l2s/20t9 5027ss s 709.14
000256 - CALPORTLAND COMPANY 020.1084.520000
020.1084.520000
602.74 Concrete
588.01 Concrete
s
s
94092536
94108012
04l2sl2ot9 5027s6 s 1,190.75
001917 - CENTRAL BASIN WATER
ASSOCATION
020.1084.s96200 s 3,737.65 Title 22 Monitoring 319000s
04/2s/2Ot9 6027s7 5 3,737.65
Printed: 4/30/2019 2:06:51PM PaPe 56 of 71
EARTY CHECKS
AMOUNT DESCRIPTION NUMBER AMOUNT
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
ACCOU T T VOTCE PAYMET{T CXECI( PAYi4ll{r
VEI{DON NAME AND NUMBER I{UMBER AMOUUT DESCAIPI|O I VOICE P.O.lt DATE XUMBER AMOIJNT
332853
333005
33304s
333244
333247
333288
333444
333446
333529
333872
004163. CENTRAL FORD 011.1045.520000 s
011.1046.s20000 s
011.1046.s20000 s
011.1046.520000 s
011.1046.520000 s
011.1046.520000 s
011.1046.s20000 s
011.1046.s20000 s
011.1046.520000 s
011.1046.520000 s
37.02 Auto Parts-
59.82 Auto Parts-
110.43 Auto Parts-
13.34 Auto Parts-
125.90 Auto Parts-
125.41 Auto Parts-
255.62 Auto Parts-
317.15 Auto Parts-
86.97 Auto Parts-
53.71 Auto Parts-
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
04/2sl2Or9 6027s8 s t,787.37
003142 - COLONTAL LrFE 0L1.2t0223
020.2LO223
0s5.2t0223
056.210223
ott.270223
011.1004.530034
s
s
s
s
s
s
3,951.08 Colonial Supp lns (Pre-Tax): Payment
505.84 Colonial Supp lns (Pre-Tax): Payment
L,334.12 Colonial Supp lns (Pre-Tax): Payment
807.88 Colonial Supp lns (Pre-Tax): Payment
230.06 Colonial (Post Tax): Payment
0.04 Supplemental lns - April-
Ben215407
8en215407
8en215407
Ben215407
8en215407
8en215407
04l2sl2OLs 5027s9 s 6,940.O2
OOO331 . COMMERCIAL DOOR OF LOS
ANGELES
011.1049.590000
011.1049.590000
16,550.00 Rolling Steel Door lnstallation
3,665.00 Remove & Replace Clutch Assembly
17586
t7623
20,315.00
Prified: 4 I 30 / 2019 2:06:51PM
04/2s120t9 602760 s
Pape 57 ol 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
OO34O5 . COMMUNICATIONS SUPPLY
CORP
057.1057.520010
0s7.1057.520010
057.1057.520010
057.1057.520010
s
S
s
S
1,429.39 Communication Supplies-
245.25 Communication Supplies-
475.20 Communication Supplies-
1,790.55 Communication Supplies"
506862
508446
513554
515053
0s7.0000078
057.0000078
057.0000078
057.0000078
04/2s12079 602761 s 3,940.39
ooo31o - cRAtG WELDING SUPPLY, CO 011.1047.520000 s 349.04 Welding Supplies-630367 011.00r.3213
04/2s12079 602762 5 349.04
Printe d: 4 130 /2019 2:06:51PM Paee 58 oI 7l
NUMBER AMOUNT DESCRIPTION DATE NUMBER AMOUNT
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARTY CHECKS
VENDOR NAME AND NUMBER
ACCOUNT
NUMBER
!NVOTCE
AMOUNT DESCRIPTION lNvotcE P.O.#
PAYMENT
DATE
CHECK
NUMBER
PAYMENT
AMOUNT
001335 . CURRENT WHOLESALE
ELECTRIC SUP
011.1049.s20000
011.1049.520000
011.1048.520000
011.1049.520000
011.1049.s20000
011.1049.s20000
011.1049.520000
011.1049.520000
011.1049.520000
011.1049.520000
011.1049.520000
011.1049.520000
011.1049.520000
011.1048.520000
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
s
s
s
S
s
s
s
s
s
S
s
s
s
S
27.95 Electrical & Hardware Supplies-
105.35 Electrical & Hardware Supplies-
60.51 Electrical & Hardware Supplies-
180.60 Electrical & Hardware Supplies-
107.50 Electrical & Hardware Supplies-
84.71 Electrical & Hardware Supplies-
157.08 Electrical & Hardware Supplies-
114.22 Electrical & Hardware Supplies-
144.99 Electrical & Hardware Supplies-
320.45 Electrical & Hardware Supplies-
118.21 Electrical & Hardware Supplies-
132.23 Electrical & Hardware Supplies-
225.14 Electrical & Hardware Supplies-
107.03 Electrical & Hardware Supplies-
257r43
257t75
257176
257L83
257297
257298
257328
257329
257474
257475
257476
257477
257478
2575L9
04/2s/2019 602763 s 1,885.97
005055 - ECMS, rNC 011.1033.540000
011.1033.540000
193.96 Turnout Cleaning-
255.43 Turnout Cleaning-
s
s
rNV253387
tNV270141
07L.0073227
ol.oot3227
04l2s/20te 602764 5 450.39
004438 - FLEMING ENVIRONMENTAL,
tNc
011.1049.590000
011.1049.590000
800.00 Vapor RecoveryTest
623.35 Service Call
s
s
14585
14586
L,423.36
P rin. ed: 4 I 30 /2019 2:06:51PM
o4/2s120t9 602765
Pase 59 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
tii . accouilT lir\lolcE :.:, :j:iiir-
"
:' PAfiElrrT cHEc( PAYrrrElfr
VEI{OOR I{AME AI{D I{UMBER I{UMEER A OUI{I diSCTIPNOI |NVOIGE P.O.I DATE ITUMBER AUOi'iii
004181 - FRANCHISE TAx BOARD 020.210260 S 148.41 Garnishment: Payment
055.210260 S 841.00 Garnishment: Payment
Ben2 15413
Ben2 15413
o4/2s/20t9 602766 s 989.41
000399 - GARVEY EQUIPMENT 011.1045.520000 S 145.74 Parts & Services-
COMPANY
778254 011.0013188
04/2512019 502767 s L4s.74
OO17T2. GRAINGER, CO 0L1.L049.520000 5 113.57 Building Hardware-
011.1049.520000 S 333.07 Building Hardware-
011.1049.520000 S 153.71 Building Hardware-
011.1049.520000 5 207.48 Building Hardware-
9103052197 011.0013220
97t9027792 011.0013220
9119942010 011.0013220
9729335247 011.0013220
o4/2s/20r9 602768 s 811.83
Printed: 4/30/2019 2:06:51PM Pase 60 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
006302 - HASA, rNC 020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.500140
020.1084.s00140
114.21 Sodium Hypochlorite
203.94 Sodium Hypochlorite
195.79 Sodium Hypochlorite
220.26 Sodium Hypochlorite
212.10 Sodium Hypochlorite
559.58 Sodium Hypochlorite
199.54 Sodium Hypochlorite
215.17 Sodium Hypochlorite
149.55 Sodium Hypochlorite
176.25 Sodium Hypochlorite
165.28 Sodium Hypochlorite
s
s
s
s
s
s
s
s
s
s
s
631972
63t974
631976
631977
531978
632209
63332s
533325
633327
633328
633329
04/2sl2oL9 602759 s 2,413.79
OO535O - HAUL AWAY RUBBISH
SERVICE CO,
011.1048.595200
011.1049.596200
011.1033.520000
011.1033.520000
011.1033.s20000
011.1033.520000
011.1043.595200
57.50 Disposal & Recycling Services
213.00 Disposal & Recycling Services
67.50 Disposal & Recycling Services
67.50 Disposal & Recycling Services
67.50 Disposal & Recycling Services
67.50 Disposal & Recycling Services
1,306.55 Disposal & Recycling Services
93X05288
93X0s289
93X05290
93X05291
93X05292
93X0s293
93X0s296
s
s
s
s
s
s
1,857.05
Ptinted: 4 /30 /2019 2:06: 51PM
04l2s/20ts 602770 5
Pase 61 of 71
rNvolcE P.O.f
PAYMENT CHECK
DATE NUMBER
PAYMENT
AMOUNT
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARTY CHECKS
ACCPUI{T II\IVOIC' PAYMEI{T CHECI( PAYMEM
VEI{DOR IIAMI AI{D 'IUMBER I{UMBER AMOI'I'T DESCRIPTIOI! lnlVOICE P.O.I DA'IE III'MBER AMOUI\]I
OOO2O1 . GUSTAVO HERRERA 011.r.031.596500 s 17.40 Leadership Strategies & Dealing w/041819
04/2s/2019 602771 5 17.40
000804 - LB JOHNSON HARDWARE CO 011.1046.520000
$1
011.1048.520000
011.1045.520000
011.1048.520000
011.1033.520000
011.1045.520000
011.1049.520000
011.1046.520000
011.1049.520000
011.1046.520000
011.1046.520000
011.1033.520000
85.99 Plumbing & Building Hardware-
28.54 Plumbing & Building Hardware"
102.21 Plumbing & Building Hardware-
10.74 Plumbing & Building Hardware-
9.55 Hardware Supplies-
125.20 Plumbing & Building Hardware-
35.82 Plumbing & Building Hardware-
85.59 Plumbing & Building Hardware-
12.89 Plumbing & Building Hardware-
53.68 Plumbing & Building Hardware-
17.09 Plumbing & Building Hardware-
21.38 Hardware Supplies-
s
s
s
S
s
s
s
s
s
5
s
s
100511
100530
100631
100548
LOO72L
700872
100890
100901
100913
100914
10092s
101009
011.0013208
011.0013208
011.0013208
011.0013208
011.0013223
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013223
04l2s/2079 602772 s 591.89
0002ss - LN cuRTrs & soNs 011.1033.s40000 s 427.57 Pro Warrington Boots-rNV269246 011.0013273
04/2s/2O7s 602773 s 42r.57
OO433O- JUAN LOZANO
101.30
P tiited, 4 l3O /2019 2:05:5l.PM
056.5600.596700 s 101.30 lnfrared Training Level l Thermography o42219
04/2s/20t9 602774 s
Pas.e 62 ol 77
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7,2019
EARLY CHECKS' AIOOUI{I I U)IGE PAYi'EUI CHECX PAYI,EI{T
VEI{DOR IIIAME AIID iIUMEER I{UMgEf, AMOUi.T DE9CfigTlO P.O.* I'AIE IIUMBER AIIOUII1T
000084 - MATERTAL HANDIING 011.1046.520000 $ 157.50 11042{0H26 head gasket kit 7126874 011.00136s6
SUPPLY,INC
011.1046.520000 s 14.95 Sales Tax 9.5%7126874
o4/25120t9 6O277s 5 772.46
000833 - CHADRICK MCGOVNEY 011.1033.502030 S 450.00 Vision Benefits/ K. Mccovney 041819
o4/2sl2ol9 602776 s 4s0.00
006577 - FRANCISCO MOLINA 011.1033.502090 S 3,000.00 Reimb. Vehicle Damages
o4/2sl2DL9 602777 s 3,000.00
P tinled: 4 /3O /201.9 2:06:51PM Paee 63 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
OOO534 - MUTUAL OF OMAHA
,AY EltT CHECI( PAYMEI{T
vEl{ooi tt/tME Aib TUMBER XUi,EER AMOUI{T OESICAIPI|ON II{\,OIG P.O.X OAIE ITUMBEA AMOUIIIT
s
s
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s
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s
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5
s
s
s
s
s
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s
s
s
s
s
otl.2ro223
020.2LO223
055.210223
056.210223
osl.2ro223
055.2L0223
055.270223
020.2to223
otl.2LO223
01L.2L0223
020.2t0223
055.2tO223
056.2tO223
os7.2ro223
ott.2Lo223
020.210223
055.2t0223
056.2rO223
055.210223
oLL.2rO223
356.64 Voluntary Life lnsurance: Payment
25.44 Voluntary Life lnsurance: Payment
52.94 Voluntary Life lnsurance: Payment
7.15 Voluntary Life lnsurance: Payment
0.37 Voluntary Life lnsurance: Payment
1.85 Voluntary Life lnsurance: Payment-
1.36 Voluntary Life lnsurance: Payment-
0.24 Voluntary Life lnsurance: Payment-
0.25 Voluntary Life lnsurance: Payment-
3,47 0.84 Long-Term Disa bility I nsu ra nce : Payment
635.68 Long-Term Disability lnsurance: Payment
1,291.39 Long-Term Disability lnsurance: Payment
391.15 Long-Term Disability lnsurance: Payment
2.51 Long-Term Disability lnsurance: Payment
2,796.66 Voluntary Life lnsurance: Payment
258.22 Voluntary Life lnsurance: Payment
634.73 Voluntary Life lnsurance: Payment
137.00 Voluntary Life lnsurance: Payment
-1.85 Voluntary Life lnsurance: Payment
-11.00 Voluntary Life lnsurance: Payment
Ben215052
8en215052
Ben215052
8en215052
Ben215052
8en215052
Ben215052
8en215052
Ben215052
8en215405
8en215405
8en215405
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Ben215405
Ben215405
8en215405
Ben215405
8en215405
Ben215405
Ben215405
o4/2s/2}19 602778 s 10,072.68
P(in1ed: 4 l3O /2019 2:05:51PM Pape @ ol 7'L
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNT
NUMBER DESCRIPTION INVOICE P.O.f
PAYMENT
DATE
CHECK
NUMBER AMOUNT
0412s12019 602779 5 299.10
005934. O'REILLY AUTO PARTS 011.1046.520000
011.1045.520000
011.1045.520000
011.1046.520000
011.1046.520000
011.1045.520000
011.1045.520000
011.1046.s20000
s
s
s
s
s
S
s
s
51.58 Auto Parts & Accessories-
70.06 Auto Parts & Accessories-
26.44 Auto Parts & Accessories-
-41.83 Auto Parts & Accessories-
15.67 Auto Parts & Accessories-
125.34 Auto Parts & Accessories-
24.43 Auto Parts & Accessories-
16.41 Auto Parts & Accessories-
3049209913
3049209950
3049210109
30492LO822
3049210840
30492L2282
3049213367
3049213575
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
001943 - PLUMBING & INDUSTRIAL
SUPPLY
011.1048.s20000
011.1048.520000
011.1049.520000
011.1048.520000
011.1043.s20000
011.1043.520000
011.1049.520000
011.1048.520000
011.1049.520000
30.00 Plumbing & Building Hardware -
49.05 Plumbing & Building Hardware-
14.86 Plumbing & Building Hardware-
18.62 Plumbing & Building Hardware-
2.90 Plumbing & Building Hardware-
1.45 Plumbing & Building Hardware-
66.95 Plumbing & Building Hardware-
8.76 Plumbing & Building Hardware-
258.73 Plumbing & Building Hardware-
s1215020001
s1215140001
s1216226001
s1216252001
s121625500r.
s1216269001
s1216435001
s1216782001
s1216979003
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
s
s
s
s
5
S
s
s
04/2sl2ot9 502780 s 457.32
001145 - JOSE REYNA
410.00
Printed: 4/30/2019 2:06:51PM
011.1031.s02030 s 410.00 Vision Benefits /J. Reyna 040819
04/2s/2}ts 602781 s
Pase 65 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
EARTY CHECKS
i' :::!::::::::r ', ACCOUiTT lirtotcE ,:,: , PAYMEIIIT CIIECX PAYMEITIT
vE pon tt^lrE Aro iilrBE( r{uM6!R
^Mourfi
p+Rrmo r WicE p.o, parE rtuMBER AMourr
001159 - SUSAN SAXE-CLIFFORD, PH.D. 011.1026.596200 S 3,375.00 Psychological Evaluations 1902011
o4/2s/2079 602782 s 3,375.00
OO444L - U.S. DEPT OF EDUCATION 011.210260 S 408.74 Garnishment: Payment Ben2 15411
o4l2s/2019 602783 5 408.74
005543 - VCI CONSTRUCTION, lNC. 057.1057.900000 S 2,553.16 Splicing Crew Production
057.1057.900000 s s,sza.s7 splicing crew
64274
64281
o4l2s/20L9 602784 5 A,OtA.tZ
001153 - ZUMAR INDUSTRIES, INC 011.1043.520000 S 196.95 Regulatory Signs-
011.1043.520000 S 592.95 Regulatory Signs-
82567
82672
011.0013216
011.0013215
0412s/20t9 60278s s 889.90
TOTAT EARTY CHECKS 5 4A2,673.74
Printed: 4/30/2019 2:06:51PM Pase 66 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
VENDOR NAME AND NUMBER DESCRIPTION P.O.#
CHECK
NUMBER
004724 - AMERICAN LEGAL
PUBLISHING CORP
011.1003.s95200 s 375.00 Vernon Code of Ordinances L27676
oslo7l2ol9 502786 s 375.00
006579. BACFAR SANTA FE, LLC 011.1040.400900 s 14,553.83 Ref. 1st Parcel#6308012016-o422L9
o5/o7l2ol9 602787 5
005578 . BRADMORE INVESTMENT
COMPANY
011.1040.400900 s 4,640.L6 Ref. 1st Parcel#6303022005 041819
11,5s3._8!
4,640.16osloTl2ots602788 s
005529 - BRIAN BYUN 011.1024.595500 s 35.50 Wireless Pole Attachment Best Practice 041019
os/0712079 602789 s 35.50
005511 . CAL UTILITIES EMERGENCY
ASSOC
0ss.9000.596ss0 s 726.18 Member Dues / T. Dusenberry-
011.1003.595300 s 100.00 Canvassing Board Stipend
1920005
0s/07 12079 502790 s 726.L8
004939. PETER CORSELLI 041519
osloT/2019 60279L 5 100.00
001444 - COUNTY OF LOS ANGELES -
DHS
0r.1.1033.s96550 s 150.00 New / D. Reynolds 041019
0s/07120t9 602792 5 150.00
006580 - CRIME SCENE STERI.CLEAN,
LLC
s00.00
Printed: 4/30/2019 2:06:51PM
011.1031.s70000 s 500.00 Unit 18 Biohazard Remediation 39354
0sl07l2or9 602793 s
PaEe 67 oI 71
WARRANTS
NUMBER lNvotcE AMOUNT
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
WARRANTS
i,,:!ii:t, r;, AC@UNI . lilVOlCE i. ,,.:,,,:. PAYMEIIT :.,,EHECX PAYi/IEI{T
vEr{poR i{AME AXq,lignBER I{UMBER AMOUI{T pESCRTmON rr{VOrcE P.Oir', [rArE [UlyrBER AMOUI{T
OOO947 - DAILY JOURNAL
CORPORATION
011.1049.520000 S 243.60 Publication Services 83244323
os/o7l2otg 602794 s 243.60
006032 - RAYMOND DE NIJS 011.1033.596700 S 350.00 Reimb. Company Officer 2E Wildland 040419
0s/07/2019 6O279s s 3s0.00
004!38 - FLEMTNG ENVIRONMENTAL 011.1049.590000 S 650.m Op€rator Srte lnspectron 04/79 L4727
tNc
o5lo7l2ot9 602796 s 650.00
000685 - IGOE & COMPANY, INC 011.1025.594200 S 75.00 Participation Fee 193246
os/0712019 602797 s 7s.00
004143 - INTERWEST CONSULTING 011.1041.595200 S 1,149.34 Professional Services
GROUP,IN
48528
osl07l2o79 602798 s 1,149.34
005350 - JOHNSON CONTROLS FIRE 011.1049.590000 S 1,708.03 Fire Alarm Repairs
PROTECTI
85767399
0s/0712079 602799 s 1,708.03
000448 - MAUREEN KANE & 011.1003.595700 S 1,550.00 Registration / S. Dolson
ASSOCIATES, INC
042319
os/o7/2ot9 602800 s 1,ss0.00
Printed: 4/30/2019 2:05:51PM Pase 58 of 71
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
WARRANTS
0@510 - NICXALEXANDER 011.1045.520000 S 10.00 Mateial to Epan hoE on ddve6 slde 3558 0110013557
RESIORATION
0u.1046.59om0 S 55.00 Laborto repair hole on driveE side 3558 011.(x)136s7
011.1045.520000 I 1.05 Saleslax 10.50 36s8
o5lo7l2o79 602801 s 55.05
006547 - LIZETTE SANCHEZ 011.1060.595550 5 44.75 Reimb. Notary Public Fees 041619
os/o7l2ote 602802 5 44.7s
001158 - SOUTH COASTAQMD 055.8200.500230 S SOA.17 Hot Spots Program Fee 3428737
005394 - TELETRAC NAVMAN US LTD 011.1043.590000 S 452.00 GPS Fleet Management System 91509188
005371 - TIREHUB, LLC 011.1045.520000 S S0r.O0 1T265/70R17 goodyearwrangler 7397748 011.0013658
011.1045.520000 s 34.29 SalesTax9.S%1397748
005152 - VASQUEZ & COMPANY, LLP 011.1004.595200 S 20,000.00 ProfessionalServices 2190397tN
os/07/2079 602803 s s08.17
o5lo7/2}t9 602804 s 452.00
os/07/20t9 50280s s 39s.29
osloTl2oLg 602806 5 2o,ooo.oo
006133 - JOHN V|TTOR|O 011.L033.596700 S gO.O0 Reimb. Confined Space Rescue
005708 - WILLDAN ENGINEERING 011.1041.595200 S 12,935.00 Code Enforcement Services
04L119
osloT/2019 602807 s 80.00
oslo7l2otg 602808 s 12,93s.00
Printed: 4/30/2019 2:06:51PM
220855R
Paee 69 of 71
VENDOR,NAME AND NUMBER
ACCOUNT INVOICE
NUMBER AMOUNT DESCRIPTION
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.21
MAY 7, 2019
WARRANTS
PAYi'IEMT CHEC( PAYMEM
VEI{DOR I{AME AIIO IIUMBEi iIUUBEi AMOUIIT DESCRIPnOI! $IrloICE '.O.I I'AIE I{UMEEi AIIOUUT
006372 - XPRESS WASH, INC 011.1046.590000 S 1,037.00 Car Wash Services
os/07/20r9 502809 s 1,037.00
TOTATWARRANTS S 62,424.90
P rinted, 4 l3O/2019 2:06:51PM Pase 70 of 71
-
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 21
MAY 7, 2019
l
i
RECAP BY FUND
ETECTRONIC TOTAT EARTY CHECK TOTAT WARRANT TOTAT GRAND TOTALS
011 - GENERAL
O2O. WATER
055-LIGHT&POWER
056 - NATURAL GAS
057 - FIBER OPTIC
GRAND TOTAT
TOTAT CHECKS TO BE PRINTED 24
1,860,300.45 s
301,584.46
5,555,381.63
54,62L.60
LL,6IO.7L
382,507.62 s
19,74t.52
s3,s38.06
15,851.41
10,035.13
51,190.55 s
0.00
1,234.35
0.00
0.00
2,303,998.62
321,325.98
5,72L,154.O4
71,473.0r
27,645.84
7,894,498.85 s 482,673.74 s 62,424.90 s 8,439,597.49
P(intedi 4 130 /201.9 2:06:51PM PaPe 77 of 71
S
s
City Council Agenda Item Report
Agenda Item No. COV-197-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: May 7, 2019
SUBJECT
Approval of RDA Obligation Retirement Account Warrant Register No. 51 Covering the Period of March 26 through
April 29, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 51 which totals $1005.00 and consists of the
following:
1) Ratification of electronic payments totaling $1005.00.
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 RDA Obligation Retirement
Account Warrant Register No. 51 covering claims and demands presented during the period of March 26 through April
29, 2019, drawn, or to be drawn, from East West Bank for City Council approval.
Fiscal Impact:
None.
ATTACHMENTS
1. RDA Obligation Retirement Fund Account Warrant Register No. 51
CITY OF VERNON
RDA OBTIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO.51
MAY 7, 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.
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:
1/tL
William Fox
Finance Director
;"*- AtK-\ L ]o,'zo fi
P rinted: 4 / 30 /2079 1:56:07PM
CIW OF VERNON
RDA OBTIGATTON RETIREMENT ACCOUNT
WARRANT REGISTER NO.51
MAY 7, 2019
OO55O5 - BEST BEST & KRIEGER, LLP 022.7022.594200 S 1,005.00 Re: Redevelopment Advice
04/09/20]-9 31 s 1,00s.00
TOTAT ETECTRONIC s 1,00s.00
Ptinted: 4 llo /2019 1:56:07PM Pase 1 of 2
ETECTRONIC
. ACCOUNT INVOICE
VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION lNvolcE P.O.#
. PAYMENT PAYMENT PAYMENT
DATE NUMBER AMOUNT
CITY OF VERNON
RDA OBTIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO.51
MAY 7, 2019
RECAP BY FUND
ETECTRONIC TOTAT EARTY CHECK TOTAT WARRANT TOTAT
1,00s.00 s 0.00 s022 . VERNON REDEVELOPMENT AGENCY S
GRAND TOTAT
TOTAT CHECKS TO BE PRINTED O
GRAND TOTATS
0.00 s
1,005.00 s 0.00 s o.oo s 1,005.00
Prinledt 4 /30 /2019 1:56:07PM Pape 2 ol 2
City Council Agenda Item Report
Agenda Item No. COV-177-2019
Submitted by: Adriana Ramos
Submitting Department: Fire Department
Meeting Date: May 7, 2019
SUBJECT
Fire Department Activity Report for the Period of April 1 through April 15, 2019
Recommendation:
A. Receive and file.
Background:
Attached is a copy of the Vernon Fire Department Activity Report which covers the period of April 1, 2019 through
April 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 - 04/01/19 to 04/15/19
This Period Last Year This This Year
Last Year To Date Period To Date
ACTIVITY TYPE
FIRE PREVENTION:
Regular Inspections (#):123 582 113 436
Re-Inspections (#):14 39 14 63
Spec. Haz. Inspections (#):0 14 1 4
Total Inspections: 137 635 128 503
Total Man Hours:150 852 204 755
TRAINING (HOURS):
Firefighting 106 671 134 831
Hazardous Materials 39 258 31 203
Safety 130 868 129 876
Apparatus Operations 128 888 130 893
Equipment Operations 129 879 130 878
CPR 0 42 0 9
First Aid 32 259 41 234
Total Hours:564 3865 595 3924
PRE-INCIDENT (HOURS):
Planning 81 633 91 589
District Familiarization 86 705 84 579
Total Hours:167 1338 175 1168
PERIODIC TEST (HOURS):
Hose Testing 0 7 0 1
Pump Testing 0 23 3 15
Total Hours: 0 30 3 16
VERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
April 1, 2019 to April 15, 2019
Page 1
PUBLIC SERVICE PROGRAMS (HOURS)
School Programs 1 28 4 11
Fire Brigades 0 0 0 0
Emergency Preparedness 4 100 2 55
Total Hours:5 128 6 66
ROUTINE MAINTENANCE (HOURS):
Station 123 740 125 873
Apparatus 119 734 125 858
Equipment 127 755 122 861
Total Hours:369 2229 372 2592
Grand Total Hours:1255 8442 1355 8521
:Fireactivity
Page 2
City Council Agenda Item Report
Agenda Item No. COV-175-2019
Submitted by: Fredrick Agyin
Submitting Department: Health and Environmental Control Department
Meeting Date: May 7, 2019
SUBJECT
Approval of Service Agreement with Arion Global, Inc., for Management of the City's 2019 Electronic Waste
(E-Waste) Recycling Event
Recommendation:
A. Find that because the proposed one day waste collection event at the fire station is an action taken to protect the
environment and constitutes normal operations of the fire station, the activity and proposed agreement is categorically
exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15308 (actions
taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment; and
B. Approve a Service Agreement with Arion Global, Inc., in substantially the same form as submitted herewith, for
E-waste pick-up and disposal services in connection with the City's 2019 Electronic Waste (E-Waste) Recycling Event;
and
C. Authorize the City Administrator to execute the Services Agreement with Arion Global, Inc., for management of the
recycling event scheduled for Wednesday, May 15, 2019.
Background:
With the success of electronic waste collection events held in Vernon at least annually since 2007, and continuing
interest by the business community, staff has scheduled a recycling event for May 15, 2019. For 2019, staff is using
Arion Global Inc. ("Arion'') which is headquartered in nearby Commerce to help us collect and properly dispose of
e-wastes along with some Universal Wastes that are generated by Vernon businesses. Arion will provide e-waste
pick-up and disposal services at no cost to the City, as Arion should be able to profit somewhat from the value of the
material it accepts. Some Universal Wastes require special handling, and to facilitate removal that service is provided for
a nominal fee to the public. Arion will bill businesses directly for those services. Please see the attached flyer for
additional information.
The 2019 E-Waste Recycling Event is scheduled for Wednesday, May 15, 201 9, at Fire Station #76 at Fruitland and
Downey Road. Arion will provide the necessary equipment and most of the manpower (some participation by the City's
Department of Public Works personnel may be required for logistical purposes). Arion has stated it will collect a fee for
Universal Wastes only ($.28 per foot for fluorescent light tubes, $3.85 for mixed fluorescents & $1.65/pound batteries).
All electronic wastes (e-wastes) will be collected and disposed of for free. A certificate of destruction will be
generated by Arion and will total the amounts of wastes collected during the event.
Attached for reference is the event flyer which includes a list of items that would be accepted for free at the recycling
event. The proposed agreement has been approved as to form by the City Attorney's office.
Fiscal Impact:
There is no fiscal impact to the City. Arion is providing the service at no cost to the City of Vernon.
ATTACHMENTS
1. Service Agreement
2. 2019 Recycling Event Flyer
KP01-F-1
Arion Global, Inc.
1734 Tyler Ave South El Monte, California
Tel (323) 992 0038; Fax (888) 782 3074; www.arionglobal.com
1
SERVICE AGREEMENT:
Recycling, Asset Management, Data Destruction
Scope of Work
The purpose of this agreement is to define activities, terms and conditions for services provided to The City of
Vernon (“Customer”) located at 3375 Fruitland Ave. Vernon, Ca 90058.
Arion Global, Inc. will provide ‘recycling event management’ which will include labor, documentation,
loading/unloading for electronic and universal waste being dropped off at the designated location. Activities and
Terms and conditions are listed in the sections below.
Services Requested:
Recycling Event Management
Electronic Recycling
Battery Recycling
Bulb Recycling
Certificate of Recycling (COR)
TERMS and CONDITIONS:
The recycling event scheduled for Tuesday, May 15, 2019 will be managed by Arion Global. Event hours will be
10:00 a.m. – 2:00 pm. All electronic equipment will be recycled at no cost to the Customer. All
documentation/reporting/logs will be handled by Arion Global. Bulbs and batteries will be accepted and billed to
individual companies/customers at a rate of $.28/ft for fluorescent tubes, $3.85/lb for mixed fluorescents, $.28/lb
for non PCB Ballasts and $1.65/lb for batteries. Arion Global will deal directly with any organization or persons who
choose to recycle bulb and/or batteries during the event. All electronic/universal waste will be cleared away within
24 hrs of the end of the event day. All material collected will be taken for processing at the local Arion Global
facility located in South El Monte, Ca.
All certificates and weight reports will be provided via email to the Customer immediately after processing is
complete.
Additional requested services are available upon request and provided after Customer consent.
All universal waste, with the exception of polychlorinated biphenyl (PCB) containing material, is accepted only if it is properly labeled and
packaged. Arion Global, Inc. will send additional instructions on packaging and labeling of electronic and universal waste after the Customer
signs this [proposed] Service Agreement.
In accepting this proposed Service Agreement, Customer agrees to Arion Global, Inc. terms and conditions.
This Agreement is dated as of and effective as of ________________
Arion Global, Inc.
By: _______________________ By: __________________________
Gilbert Villanueva, Arion Global City of Vernon_______________
When: Wednesday, May 15, 2019
10:00 a.m. to 2:00 p.m.
Where: City of Vernon Fire Station #76
3375 Fruitland Avenue
Vernon, CA 90058
ITEMS ACCEPTED DURING THE EVENT WITHOUT CHARGE
(SMOKE DETECTORS OR HAZARDOUS WASTE ARE NOT ACCEPTED DURING THE EVENT)
•Computer equipment (monitors, CPUs, laptops, printers, faxes copiers, etc.)
•Other electronics (appliances, TVs, and other household equipment)
•Hard drives, discs, tapes, and other media devices (data destruction guaranteed)
The Green Vernon Commission and Arion Global Inc.,* Present:
THE 2019 ELECTRONIC AND UNIVERSAL
WASTE
RECYCLING EVENT
ITEMS ACCEPTED DURING THE EVENT WITH FEE
(PLEASE HAVE BILLING INFORMATION ON HAND AT THE TIME OF DROP OFF)
•Florescent Tubes $0.28 per foot
•Mixed/Broken Lamps $3.85 per pound
•Batteries $1.65 per pound
FOR QUESTIONS, PLEASE CONTACT GILBERT VILLANUEVA OF ARION GLOBAL INC. @ 323-992-0038 OR
THE CITY OF VERNON HEALTH DEPARTMENT @323-583-8811 EXT 231
BRING US YOUR ELECTRONICS / UNIVERSAL WASTE AND WE WILL ENSURE THAT
YOUR DATA IS ERADICATED AND YOUR RECYCLABLES DO NOT END UP IN
LANDFILLS!!!!!
Electronics contain hazardous materials, such as lead, mercury, arsenic, and cadmium. By recycling your unused
electronics, you can keep these dangerous contaminants out of landfills and away from water supplies.
*Arion Global Inc., is the official recycling partner of the City of Vernon.
Arion Global Inc., is licensed and insured and provides 100% data security!
City Council Agenda Item Report
Agenda Item No. COV-176-2019
Submitted by: Danita Robertson
Submitting Department: Police Department
Meeting Date: May 7, 2019
SUBJECT
Vernon Police Department Activity Log and Statistical Summary for the period of April 1 through April 15, 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 - 04/01/19 to 04/15/19
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/01/201904/01/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904064464424 E 49TH, VERNON459AARELEYS FURNITURE03:40:3504/01/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190486 CA0197300VPDVELEZ,MARISSA*26E03:41:57 03:42:2204:44:1703:44:57VPDVILLEGAS,RICHARD32W03:47:04 03:47:3804:24:4903:49:04VPDNEWTON,TODD4003:42:00 03:47:4004:37:3903:49:19VPDMARTINEZ,GABRIELS503:48:4304:44:1703:51:2820190406453ALCOA AV // LEONIS BL, VERNONDPTASTHPPD OPER HALEY05:42:3204/01/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190487 CA0197300VPDVELEZ,MARISSA*26E05:44:29 05:44:3506:11:2305:49:29VPDVILLEGAS,RICHARD32W06:11:2305:46:09201904064612435 E 37TH, VERNON594RMAAS HANSEN STEEL07:06:1904/01/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190488 CA0197300VPD*40W07:09:00 07:09:3707:53:1507:14:01201904064692360 E VERNON AV, VERNONPATCKVernon Elementary School08:44:2104/01/20191015VPDESCOBEDO,ALEXY*32W08:51:47 08:51:5908:52:23 08:57:5108:55:12VPDCERDA,EUGENIO40W08:55:2608:52:31201904064954305 S SANTA FE AV, VERNON140PATRICK13:42:4204/01/2019SUPVPDCERDA,PAUL,JR*41E13:49:1113:57:1813:48:5720190406507S BOYLE AV // 46TH, VERNON902T16:50:1704/01/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190489 CA0197300VPDCERDA,EUGENIO*40W17:40:4516:50:171Page of 204/02/201910:14:29
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/01/201904/01/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190406507S BOYLE AV // 46TH, VERNON902T16:50:1704/01/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190489 CA0197300VPDVALENZUELA,FERNANDO25E17:40:4516:57:13201904065082610 E 37TH, VERNONAGTARWORLD ELECTRONIC17:25:2404/01/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190490 CA0197300VPDCERDA,PAUL,JR*41E17:29:07 17:29:3617:30:00VPDLUCAS,JASON2617:29:5817:30:17VPDESCOBEDO,ALEXY32W17:30:1418:46:2417:35:50201904065163333 DOWNEY RD, VERNON487RUNITED PARCEL SERVICE20:54:0704/01/20191015RPTDepartmentOCA NumberRMS JurisVPD CR20190491 CA0197300VPDZOZAYA,OSCAR*32E20:56:5400:46:0021:03:48VPDSWINFORD,PHILLIP4023:38:4000:31:5423:45:45* Denotes Primary Unit2Page of 204/02/201910:14:29
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/02/201904/02/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904065243051 E 46TH, VERNON484RPEDRO`S TRUCKING01:47:2404/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190492CA0197300VPDVELEZ,MARISSA*18W01:50:1902:32:3801:53:09VPDSWINFORD,PHILLIP4001:50:2202:32:3801:53:0720190406526E 37TH // ROSS, VERNONRECROBERT05:42:2004/02/2019VRECRPTDepartmentOCA NumberRMS JurisVPDCR20190493CA0197300VPDVELEZ,MARISSA*18W05:44:5306:45:4805:49:37201904065552822 S SOTO, VERNONSRMET10:11:1704/02/2019METRPTDepartmentOCA NumberRMS JurisVPDCR20190494CA0197300VPDOURIQUE,CARLOS*MET111:55:2810:11:17201904065803018 E 46TH, VERNON459RSELECTIVE IMPORTS14:41:5304/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190495CA0197300VPDCERDA,EUGENIO*40E14:43:33 14:43:4915:10:2514:45:26201904065873101 E 26TH, VERNON902TCASUAL PERFORMANCE INC17:21:5404/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190496CA0197300VPDCERDA,PAUL,JR*32W17:22:39 17:22:5018:22:2117:34:05VPDVALENZUELA,FERNANDO25E17:38:1317:56:5217:39:06* Denotes Primary Unit1Page of 104/03/201904:22:58
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/03/201904/03/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904066204371 E 49TH, VERNONKTPHOLLYWOOD KITTY COMPANY07:18:2704/03/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190497CA0197300VPDQUINONES,ANA*26E07:21:19 07:22:2808:43:2907:28:42VPDOURIQUE,CARLOS20E07:24:0007:41:0407:30:47VPDENCINAS,ANTHONY41W07:21:21 07:23:2607:28:4420190406628550 N FLOWER ST, SANTA ANAWARRANTOCSD07:57:2304/03/2019RPT1015VPDMADRIGAL,MARIA*17W07:59:01 08:10:1812:08:3009:13:14201904066442141 E 51ST, VERNON487RMAX GROUP09:59:2304/03/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190498CA0197300VPDCERDA,EUGENIO*40W10:03:2512:08:5810:04:56VPDENCINAS,ANTHONY41W10:45:3012:00:0311:21:05201904066954371 E 49TH, VERNON911A19:09:3204/03/2019SUPVPDZOZAYA,OSCAR*32E19:13:54 19:14:3620:44:3019:25:01VPDDOCHERTY,MICHAEL91W19:13:56 19:14:4020:39:01* Denotes Primary Unit1Page of 104/04/201900:30:06
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/04/201904/04/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190406737S SOTO // BANDINI BL, VERNON901TT-MOBILE (877) 653-791111:53:4304/04/2019RPT S5VSDepartmentOCA NumberRMS JurisVPDCR20190499CA0197300VPDENCINAS,ANTHONY*4111:54:5113:06:4011:59:13VPDMADRIGAL,MARIA32E11:54:5313:11:4712:01:57VPDMIRANDA,ANTHONYC112:02:3112:08:22VPDGRAY,BRANDONL112:07:5212:03:02VPDMARTINEZ,GABRIELS511:55:0813:11:4811:56:0720190406753RUGBY // GAGE, VERNONDPTASTHPPD17:36:5504/04/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190500CA0197300VPDENCINAS,ANTHONY*4117:38:0517:38:22VPDNEWTON,TODD/GODOY,RAYMOND2617:38:1818:25:2917:53:47* Denotes Primary Unit1Page of 104/05/201905:07:36
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/05/201904/05/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904068113710 S ALAMEDA, VERNON594RRM TRADING16:08:0604/05/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190501CA0197300VPDVILLEGAS,RICHARD*32W16:14:5117:24:2216:18:47VPDVASQUEZ,LUIS/GODOY,RAYMOND2616:41:1617:39:2616:44:21VPDMADRIGAL,MARIA40E16:45:1316:39:47VPDQUINONES,ANA41E17:15:4516:45:1220190406812FRUITLAND AV // SEVILLE AV, VERNONPEDCK17:15:3904/05/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190502CA0197300VPDMADRIGAL,MARIA*40E18:07:5417:15:39VPDOURIQUE,CARLOS18W17:15:4218:07:5617:17:16VPDVASQUEZ,LUIS/GODOY,RAYMOND2619:32:2117:51:37VPDVILLEGAS,RICHARD32W18:08:0017:24:27VPDQUINONES,ANA41E17:15:4718:02:3117:28:03201904068143119 BANDINI BL, VERNONPLATEVIKI INTL18:31:1204/05/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190503CA0197300VPDNEWTON,TODD*41W19:05:41 19:05:4220:01:0619:10:3620190406818S SANTA FE AV // 25TH, VERNON20001ANONYMOUS PASSER BY20:00:1404/05/2019RPTVIORDepartmentOCA NumberRMS JurisVPDCR20190504CA0197300VPDNEWTON,TODD*41W20:01:19 20:01:2021:26:1920:03:07VPDVASQUEZ,LUIS/GODOY,RAYMOND2620:01:21 20:01:2221:17:2420:03:13VPDHERNANDEZ,MIGUEL,JR32E21:26:1920:02:28VPDHERRERA,GUSTAVOS621:12:3020:10:03USTOWUS TOW20:14:03 20:14:0321:26:1920:25:14* Denotes Primary Unit1Page of 104/06/201903:15:46
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/06/201904/06/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904068356505 LUCILLE AVE, BELLWARRANTBELL PD OPER 41005:22:4804/06/20191015RPTVPDOURIQUE,CARLOS*40W05:24:22 05:24:4906:18:0805:40:36201904068463003 LEONIS BL, VERNON484RYI BAU PRODUCE08:30:5904/06/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190505CA0197300VPD*32E08:32:52 08:33:1409:14:4908:38:06201904068474702 E 50TH, VERNON459VRALL SIZE FOAM09:11:4504/06/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190506CA0197300VPDVILLEGAS,RICHARD*4109:13:35 09:13:5309:14:54VPDLUCAS,JASON32E09:14:5211:12:1909:23:03201904068744720 E 26TH, VERNONPATCK22:23:3704/06/20191015CITERPTDepartmentOCA NumberRMS JurisVPDCR20190507CA0197300VPDVELEZ,MARISSA*18E00:24:5222:23:38VPDHERNANDEZ,MIGUEL,JR20W22:27:0722:45:36 00:24:5222:37:12VPDMARTINEZ,GABRIELS522:23:55 22:23:5822:27:08* Denotes Primary Unit1Page of 104/07/201900:27:09
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/07/201904/07/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190406877S SANTA FE AV // PACIFIC BL, VERNON20002R00:03:4804/07/2019RPTCITYDepartmentOCA NumberRMS JurisVPDCR20190508CA0197300VPDNEWTON,TODD*4100:30:4900:03:48VPDHERNANDEZ,MIGUEL,JR20W00:30:4800:24:58201904068943141 E 44TH, VERNON594RUS GROWERS09:07:0904/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190509CA0197300VPDESCOBEDO,ALEXY*26E09:09:3009:57:4609:21:3120190406903FRUITLAND AV // SOTO, VERNONREC11:02:3604/07/2019VRECVSRPTDepartmentOCA NumberRMS JurisVPDCR20190510CA0197300VPDVELASQUEZ,RICHARD*4012:10:3411:02:36USTOWUS TOW11:09:05 11:10:4311:48:3911:33:2720190406912S BOYLE AV // SLAUSON AV, VERNON901THPPD15:39:2304/07/2019RPTVSDepartmentOCA NumberRMS JurisVPDCR20190511CA0197300VPDESCOBEDO,ALEXY*26E15:40:41 15:40:4216:34:0615:54:27VPDCORTEZ,JUSTIN17W16:34:0516:12:15VPDVELASQUEZ,RICHARD4016:19:3015:43:49VPDVALENZUELA,FERNANDO4115:43:5116:34:0615:49:10MR C TOWMR C TO16:34:0616:16:26201904069153031 E VERNON AV, VERNON484RAMPM17:46:1404/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190512CA0197300VPDCORTEZ,JUSTIN*17W17:47:28 17:47:2917:48:41VPDVALENZUELA,FERNANDO4117:48:3918:23:4117:51:33* Denotes Primary Unit1Page of 104/08/201903:24:45
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/08/201904/08/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904069892618 FRUITLAND AV, VERNONREC13:26:5504/08/2019VRECDepartmentOCA NumberRMS JurisVPDCR20190513CA0197300VPDVALENZUELA,FERNANDO*4113:58:4213:26:5520190406992E 37TH // SOTO, VERNONREC14:46:5204/08/2019VRECDepartmentOCA NumberRMS JurisVPDCR20190514CA0197300VPDVALENZUELA,FERNANDO*4117:09:0314:46:52* Denotes Primary Unit1Page of 104/09/201900:16:05
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/09/201904/09/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904070292870 E 54TH, VERNONGTARCREATIVE COMFORT07:05:4704/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190515CA0197300VPD*17E07:09:46 07:10:0108:12:1907:23:1620190407035S SOTO // 26TH, VERNON92508:22:3904/09/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190516CA0197300VPDVALENZUELA,FERNANDO*41W09:48:3208:22:39VPDESCOBEDO,ALEXY17E08:55:1708:26:47VPDCERDA,PAUL,JR26E08:23:1408:55:2008:38:34VPDCERDA,EUGENIO40W08:55:2308:33:37VPDLUCAS,JASON9108:22:4408:55:2508:26:37VPDSOUSA,ROBERTOC208:49:1008:49:07VPDESTRADA,IGNACIOS308:25:4608:55:1408:29:19201904070583031 E VERNON AV, VERNON484AMPM15:47:1604/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190517CA0197300VPDCERDA,EUGENIO*40W15:47:44 15:48:0216:24:0515:51:31VPDESCOBEDO,ALEXY17E15:47:46 15:49:0416:22:0615:49:19VPDCERDA,PAUL,JR26E16:24:0515:53:1320190407064FRUITLAND AV // BOYLE AV, VERNON901TT-MOBILE (877) 653-791117:55:2204/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190518CA0197300VPDCERDA,PAUL,JR*26E17:56:1718:29:1517:57:5120190407077BANDINI BL // ATLANTIC BL, VERNON902TMANUEL ROMERO20:02:0304/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190519CA0197300VPDZOZAYA,OSCAR*32W20:04:27 20:04:5120:06:04VPDDOCHERTY,MICHAEL91E20:06:0120:08:37 21:10:2720:54:501Page of 104/10/201900:20:42
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/10/201904/10/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904071094215 EXCHANGE AV, VERNON B/F `459RKING MEAT04:08:5904/10/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190520 CA0197300VPDDOCHERTY,MICHAEL*91E04:10:31 04:11:0205:56:2904:21:39VPDZOZAYA,OSCAR32W04:19:44 04:20:0305:56:2904:24:09VPDSWINFORD,PHILLIP40W04:10:35 04:11:1105:45:17 14:12:3304:17:19VPDQUINONES,ANA41E13:45:0914:12:34VPDSANTOS,DANIELS204:20:0605:56:2904:28:40VPDONOPA,DANIELS704:20:0705:56:2904:28:41201904071211280 BELLVIEW AVE, LOS ANGELESDET09:04:1804/10/20191015VPDHERNANDEZ,EDWARD*5D3210:04:0811:38:1109:04:18VPDRAMOS,JOSE5D3510:04:0911:38:1109:04:2320190407129E 27TH // SANTA FE AV, VERNON586KENNY10:24:5104/10/2019RPTVICITEDepartmentOCA NumberRMS JurisVPD CR20190521 CA0197300VPDMADRIGAL,MARIA*17E10:31:5810:32:33VPDCERDA,PAUL,JR26W10:32:2512:08:5910:41:55201904071422838 LEONIS BL, VERNONMR60UNK13:15:4704/10/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190522 CA0197300VPDQUINONES,ANA*41E13:16:51 13:17:4613:45:0413:26:11201904071465760 S 2ND, VERNON487RAMIR14:23:4504/10/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190524 CA0197300VPDCERDA,EUGENIO*40W14:50:2817:54:1215:02:45VPDCERDA,PAUL,JR26W15:31:5615:46:461Page of 204/11/201901:00:18
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/10/201904/10/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904071472357 E SLAUSON AV, VERNONGTARGILBERTS AUTO BODY14:39:1904/10/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190523 CA0197300VPDCERDA,PAUL,JR*26W14:51:2415:31:1014:59:0420190407167GRANDE VISTA AV // WASHINGTON BL, VERNON20002RJOCELYN HERNANDEZ20:05:0904/10/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190525 CA0197300VPDDOCHERTY,MICHAEL*91E20:07:34 20:08:0020:42:1720:14:47201904071784305 S SANTA FE AV, VERNON653M23:48:4504/10/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190526 CA0197300VPDVASQUEZ,LUIS/GODOY,RAYMOND*3200:51:0723:49:04* Denotes Primary Unit2Page of 204/11/201901:00:18
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/11/201904/11/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904072152209 E 27TH, VERNON484NEW STAR TOYS12:41:5604/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190527 CA0197300VPDOURIQUE,CARLOS*17W12:45:5813:07:1412:47:57201904072192833 LEONIS BL, VERNON S/A 315459VRT-MOBILE (877) 653-791113:14:2004/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190528 CA0197300VPDMADRIGAL,MARIA*41E13:17:57 13:17:5814:30:1213:35:32201904072222357 E SLAUSON AV, VERNONSRMETGILBERTS AUTO BODY14:04:1804/11/2019RPTMETDepartmentOCA NumberRMS JurisVPD CR20190529 CA0197300VPDQUINONES,ANA*4014:05:1814:06:26VPDOURIQUE,CARLOS17W14:06:2315:34:5314:11:5220190407223S ATLANTIC BL // BANDINI BL, VERNON902TYENI VASQUEZ14:06:4504/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190530 CA0197300VPDMADRIGAL,MARIA*41E14:30:23 14:30:3815:34:1014:43:29201904072244305 S SANTA FE AV, VERNON14014:11:1604/11/2019SUPVPDQUINONES,ANA*4015:36:5414:11:16201904072311552 FISHBURN AVE, LOS ANGELESLOCATEA CAR AUTO18:44:2204/11/2019VRECVPDVILLEGAS,RICHARD*41W10:14:53 10:14:5411:58:06201904072323278 E SLAUSON AV, VERNON459RAM PM18:56:0504/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190531 CA01973001Page of 204/16/201900:08:34
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/11/201904/11/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904072323278 E SLAUSON AV, VERNON459RAM PM18:56:0504/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190531 CA0197300VPDVASQUEZ,LUIS/GODOY,RAYMOND*3218:57:4019:39:5219:06:4020190407239E 54TH // SANTA FE AV, VERNON594R20:53:1804/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190532 CA0197300VPDVASQUEZ,LUIS/GODOY,RAYMOND*3221:16:5720:53:41201904072445800 S BOYLE AV, VERNON166RNORTON PACKAGING21:43:2204/11/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190533 CA0197300VPDDOCHERTY,MICHAEL*91W21:49:57 21:49:5821:54:47VPDVASQUEZ,LUIS/GODOY,RAYMOND3221:54:4522:47:0522:00:25VPDNEWTON,TODD40E21:55:2422:47:0521:57:29* Denotes Primary Unit2Page of 204/16/201900:08:34
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/12/201904/12/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190407250WASHINGTON // GRANDE VISTA, VERNONASTVFDVERDUGO FIRE00:30:0004/12/2019ASSTVSDepartmentOCA NumberRMS JurisVPD CR20190534 CA0197300VPDNEWTON,TODD*40E00:31:10 00:31:2001:13:5400:33:51201904072542300 E VERNON AV, VERNON901TT-MOBILE (877) 653-791102:31:3504/12/2019RPTVSCITYDepartmentOCA NumberRMS JurisVPD CR20190535 CA0197300VPDNEWTON,TODD*40E02:33:39 02:33:4003:42:1302:36:42VPDVASQUEZ,LUIS/GODOY,RAYMOND3203:59:3802:34:48VPDDOCHERTY,MICHAEL91W03:59:3902:59:0120190407255S ATLANTIC BL // DISTRICT BL, VERNON902TT-MOBILE (877) 653-791103:54:2704/12/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190536 CA0197300VPDNEWTON,TODD*40E03:55:54 03:55:5804:37:1604:00:22VPDVASQUEZ,LUIS/GODOY,RAYMOND3204:05:2604:19:1604:11:31VPDDOCHERTY,MICHAEL91W04:01:42 04:01:4504:21:3104:13:58201904072633737 S SOTO, VERNONSRMETMCDONALD`S RESTAURANTS08:10:4404/12/2019METRPTDepartmentOCA NumberRMS JurisVPD CR20190537 CA0197300VPDMADRIGAL,MARIA*38W08:12:2108:48:0508:21:36VPDOURIQUE,CARLOS25E10:17:3908:18:24VPDVILLEGAS,RICHARD41W08:12:2308:48:0408:18:20201904072653281 FOLSOM ST, LOS ANGELESDET08:25:1804/12/20191015VPDRAMOS,JOSE*5D3509:32:3108:25:18VPDGAYTAN,LORENZO5D3109:32:3008:39:28201904072961Page of 204/13/201906:01:53
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/12/201904/12/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190407296BANDINI BL // AYERS AV, VERNON902TJUAN ZORNOZA16:14:3904/12/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190538 CA0197300VPDVILLEGAS,RICHARD*41W16:16:3416:16:53VPDOURIQUE,CARLOS25E16:16:5016:59:1316:23:09* Denotes Primary Unit2Page of 204/13/201906:01:53
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/13/201904/13/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904073502914 E 46TH, VERNON484RAMERICAN TRAVEL GEAR09:58:4304/13/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190539 CA0197300VPD*91W10:00:05 10:00:0611:12:0510:08:38VPDCORTEZ,JUSTIN32E11:12:0410:25:24201904073682150 E 37TH, VERNON902TBENDER17:50:4804/13/2019RPTCITYCCNDepartmentOCA NumberRMS JurisVPD CR20190540 CA0197300VPDLUCAS,JASON*91W17:52:1519:11:0917:57:33VPDOURIQUE,CARLOS2518:40:3718:09:09VPD32W19:04:2319:08:57* Denotes Primary Unit1Page of 104/14/201905:41:52
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/14/201904/14/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190407383AYERS AV // 26TH, VERNONVCK00:20:5604/14/2019VSDepartmentOCA NumberRMS JurisVPD CR20190541 CA0197300VPDVELEZ,MARISSA*25E00:38:5000:20:57VPDMARTINEZ,GABRIELS500:32:1200:32:04201904074074461 S SANTA FE AV, VERNON41514:24:4404/14/2019FISUPVPDESCOBEDO,ALEXY*25W14:25:30 14:27:1615:40:3314:27:16VPDCERDA,EUGENIO32E15:40:3314:27:52VPDSWINFORD,PHILLIP40W14:25:3215:33:2214:27:21VPDLUCAS,JASON91E14:36:0015:40:3414:38:40201904074114329 BANDINI BL, VERNON901TRT-MOBILE (877) 653-791116:07:1504/14/2019VSRPTDepartmentOCA NumberRMS JurisVPD CR20190542 CA0197300VPDCERDA,EUGENIO*32E16:08:3916:36:2516:11:23VPDLUCAS,JASON91E16:09:4517:03:0816:14:13201904074142833 LEONIS BL, VERNON S/A 115GTART-MOBILE (877) 653-791117:12:4204/14/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190543 CA0197300VPDCERDA,EUGENIO*32E17:23:3417:45:5917:27:03VPDSWINFORD,PHILLIP40W18:43:5917:45:47* Denotes Primary Unit1Page of 104/15/201906:34:26
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/15/201904/15/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190407445CORONA AV // FRUITLAND AV, VERNONREC03:13:1904/15/20191015VRECRPTDepartmentOCA NumberRMS JurisVPD CR20190544 CA0197300VPDHERNANDEZ,MIGUEL,JR*26E06:28:1803:13:20VPDVELEZ,MARISSA25W03:14:0905:20:2203:15:44VPDDOCHERTY,MICHAEL9103:13:21 03:13:2104:25:0203:16:37201904074562345 E 52D, VERNON484RP AND M DISTRIBUTORS08:00:5704/15/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190545 CA0197300VPDESCOBEDO,ALEXY*20W08:04:2508:43:1308:08:50VPDLUCAS,JASON91E08:10:4908:13:04201904074584400 ALCOA AV, VERNONPEDCK08:35:2504/15/20191015RPTVOIDDepartmentOCA NumberRMS JurisVPD CR20190546 CA0197300VPDVALENZUELA,FERNANDO*26E09:28:1808:35:25201904074635201 S DISTRICT BL, VERNON594RGANDER AND WHITE09:22:0504/15/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190547 CA0197300VPDCERDA,PAUL,JR*32E09:23:22 09:24:2209:50:4609:33:4820190407478DOWNEY RD // SLAUSON AV, VERNONPEDCK11:16:0104/15/20191015RPTDepartmentOCA NumberRMS JurisVPD CR20190548 CA0197300VPDVALENZUELA,FERNANDO*26E12:30:4411:16:01VPDCERDA,PAUL,JR32E11:16:06 11:16:2111:38:4211:25:24VPDLUCAS,JASON91E11:16:1811:37:55201904074821Page of 204/16/201904:57:37
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:04/15/201904/15/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201904074822425 E 38TH, VERNON484RESSENTIAL DECOR11:43:0504/15/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190549 CA0197300VPDLUCAS,JASON*91E11:49:01 12:09:5314:48:5112:13:3920190407508S SOTO // LEONIS BL, VERNON902T16:28:5504/15/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190550 CA0197300VPDCERDA,EUGENIO*25W17:04:1116:28:55VPDESTRADA,IGNACIOS316:30:3717:03:2516:37:52201904075114820 E 50TH, VERNONILLDPG RPTBON APETIT17:44:1004/15/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190551 CA0197300VPDCERDA,PAUL,JR*32E17:47:4418:47:5717:55:0920190407517S ATLANTIC BL // BANDINI BL, VERNON902TCHP #1387019:44:1404/15/2019RPTDepartmentOCA NumberRMS JurisVPD CR20190552 CA0197300VPDSWINFORD,PHILLIP*40E19:47:37 19:47:3820:34:2619:55:04* Denotes Primary Unit2Page of 204/16/201904:57:37
City Council Agenda Item Report
Agenda Item No. COV-169-2019
Submitted by: Wendy Herrera
Submitting Department: Public Works
Meeting Date: May 7, 2019
SUBJECT
Public Works Department March 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 March 2019.
Fiscal Impact:
None.
ATTACHMENTS
1. Public Works Department March 2019 Building Report
City of Vernon ~,~~~F;'~Rti
Building Department
~~` 4~.
~h'L1Y ~MO~•
Monthly Report from 3/1/2019 to 3/31/2019
Type Value # of Permits
Electrical $4,184,714,22 17
Industrial -Remodel $158,000.00 2
Mechanical $5,261,600.00 5
Miscellaneous $1,252,000.00 15
Plumbing $77,600.00 7
Roof $15,750.00 1
March 2019 TOTALS PERMITS: $10,949,664.22 47
PREVIOUS MONTHS TOTAL $11,891,295.42 112
YEAR TO DATE TOTAL $22,840,959.64 159
March 2018 TOTALS PERMITS: $6,562,789.00 65
PREVIOUS MONTHS TOTAL $10,033,259.00 105
PRIOR YEAR TO DATE TOTAL $16,596,048.00 170
~ Vt/"~ ~-
aniel Wall
Director of Public Works
r ,~ ~. City of Vernon
• ,:,, : Building Department
~" 't~ e Major Projecfs from 3/1/2019 to 3/31/2019 ~~~ .,.
~~~'[LT IN~J
Valuations > 20,000
Permit No. Project Address Tenant Description Job Value
Electrical
B-2019-3322 3300 50TH ST Reliable Tape Replace energy inefficient 458 W 27459
APN 6303027003 Produc HID and replace T12 4/8 ft strip
lights TO (98) LED high bays, one
for one. Install (2) auomatic 365 day
timer switch and connectors.
B-2018-3057 5107 DISTRICT BLVD AT& T Mobility Installation of 30kw diesel generator 23000
APN 6304010015 on a 4' x 10' concrete pad, within
existing fenced telecom facility. No
expansion to lease area nor work
performed on the tower. No visual
impact.
B-2018-2667 5555 DISTRICT BLVD Matheson Tri-Gas 5 electrical panels, 6 distribution 4000000
APN 6314019013 boards to 1 UPS panel, as well as 4
transformers
B-2019-3420 4900 BOYLE AVE One for one lighting retrofit upgrade 68472
APN 6303025013 to LED high fixtures
4 Records) $4,118,931.00
Industrial -Remodel
B-2018-3168 4401 DOWNEY RD Golden West T.I. of remodelling 10,148 0 of (E) S- 150000
APN 6303017022 1 dry storage to cold storage and
(N) catwalk mezzanine above @
hallway
(electrical will be submitted
separately)
1 Records) $150,000.00
Mechanical
B-2018-3169 4401 DOWNEY RD Golden West Refrigeration equipment and 200000
APN 6303017022 installation
B-2018-2669 5555 DISTRICT BLVD Matheson Tri-Gas Addition of 11,754 s.f. of 5000000
APN 6314019013 manufacturing space to existing
building, new equipment foundation
and cooling tower basin. 3 air
conditioning units, 2 exhaust fans,
and mechanical ducting
B-2019-3340 3821 SANTA FE AVE Pulley Collective Installation of 2 gas fired coffee 60000
APN 6302015017 roasters, one afterburner and air
vents to roof by owner/builder.
3 Records) $5,260,000.00
Miscellaneous
B-2019-3406 3651 SIERRA PINE AVI Installation of storage racks 88000
APN 6303002012
B-2019-3283 4810 EVERETT AVE SAC Modification to existing wireless 24500
APN 6304025002 WIRELESS/SPRI facility -Add 3 antennas and
NT equipment cabinet
B-2019-3373 3232 WASHINGTON BL Install storage racks. See fire permit 50000
APN 5169023038 F-2019-1265 for high pile storage
requirements.
B-2019-3378 3425 VERNON AVE CLW Foods Concrete pad for nitrogen tank and 25000
APN 6303007026 new chainlink fence.
B-2019-3397 2901 FRUITLAND AVE Demo decommision, 880000
APN 6303029016 decontamination electrostatic
precipitators and scrubbing ducts
B-2019-3409 5300 BOYLE AVE Install tube steel fence approx 400' 43000
APN 6310008020 X 8' high.
B-2019-3401 2211 27TH ST Eunina Inc Hanging clothing racks and pallet 59500
APN 6302008025 racks
B-2019-3396 2646 DOWNEY RD Existing site to be re-paved for 30000
APN 5192025008 maintenance reasons. Existing line
and grade to be maintained.
Existing drainage patterns to
remain.
8 Records) $'~ ,200,000.00
Plumbing
B-2019-3372 5001 SOTO ST Independent New 3" copper water line overhead 34000
APN 6308002022 Electric from existing. (2) 3/4" hoze biibs
lines and (2) 1/4 water lines for
future emergency eyewash.
`i Record(s) $34,000.00
17 Permits) Total $10,762,931.00
~~
Daniel Wall
Director of Public Works
'~4,~F~`"ER'VO~`,~ ~.
.: ,: .
i ~ ~,
~t`~~~'E tT IMOV~S
None
City of Vernon
building Department
Demolition Report - IVlarch 2019
~ ~ ~ ~`"'~
Daniel Wall
Director of Public Works
~/ ~F V~8w- ~l `~011N 'Y
t ~_~ Se
G'~Ycsr ~ri~~~
None
City of Vernon
Building Depa~tmenf
New buildings Report -March 2019
t .._,. ~~ ~~(
Daniel Wall
Director Public Works
~F VEA ~t'~.~ ,~.o,~ 4.c
• .: ,:. t .
"rte ~( ,~ P e sa>
~~~'EtT tMOJ
Request for Inspection
Approved
Pending
Temporary Occupancies
City of Vernon
Building Department
Status of Cerfiifiicates of Occupancy Requests
1~lonth of March 2019
~ --~ti~
Daniel Wall
Director of Public Works
21
16
337
15
City of Vernon
Certificate of Occupancy
Issued Date From 3/1/2019 to 3/31/2019
Issued Permit No. Project Address Tenant Description Fees Paid Square Feet
3!5!2019 C-2019-1211 3874 SANTA FE AVE YEEZY APPAREL LLC DB,~ffice use/Design 385.00 5000
APN 6302018017 WEST BRANDS FASHIONapparel
3/712019 C-2018-0964 5001 PACIFIC BLVD GBG-BCBG LLC Manufacturing of 885.00 6060
APN 6308010020 garments
3/11/2019 C-2018-0960 3650 26TH ST D/K Environmental dba RaiUtruck transfer of 385.00 10256
APN 5192029014 Worid Oil Terminals - hazardous
Vernon
3/11/2019 C-2018-1124 2126 52ND ST P & Y T SHIRT & Manufacturing of 385.00 42000
APN 6308016022 SILKSCREENING garments/silkscreeni
ng
3/11!2019 C-2019-1214 5232 ALCOA AVE ROSE &SHORE INC Acc. warehousing to 885.00 22000
APN 6310002022 a manufacturer
311 312 0 1 9 C-2015-0242 5000 PACIFIC BLVD LILY TRANSPORTATION Trucking for whole 300.00 1440
APN 6308003901 CORP foods only
3/13/2019 C-2018-0988 3130 LEONIS BLVD UNIQUE SAMPLES INC Once use/sample 385.00 650
APN 6303025009 design
3/13/2019 C-2019-1218 4501 50TH ST JASD CLOTHING INC DB/~llanufacturing of 885.00 12000
APN 6304017012 MAX CUTTING garments/cutting
3/14/2019 C-2018-1129 2955 VERNON AVE CALIFORNIA ALUMINUM Manufacturing of 885.00 46500
APN 6302020051 COINC alluminum
storefronts
3!14/2019 C-2017-0631 4160 BANDINI BLVD LA CASH AND CARRY Warehousing of 689.00 33020
APN 6304003001 general merchandise
312 012 0 1 9 C-2019-1222 2770 LEONIS BLVD FNR LIFTS SERVICE Office use 385.00 420
APN 6308002009
3/21/2019 C-2015-0201 2341 49TH ST UNICEPT APPAREL INC Warehousing of 689.00 5649
APN 6308015044 garments and fabrics
3/21/2019 C-2017-0779 2655 SANTA FE AVE ETHAN'S CUTTING Manufacturing of 885.00 5600
APN 6302008015 STUDIOINC garments/cutting
3/21/2019 C-2017-0766 4625 50TH ST MARY'S & RAFA'S Warehouseing of 885.00 16800
APN 6304017011 DISCOUNT OUTLET INC general merchandise
3/21/2019 C-2016-0539 2959 50TH ST SERV-RITE MEAT Food processing 689.00 14000
APN 6303024007 COMPANY INC
3/21/2019 C-2017-0812 5015 HAMPTON ST MY TRIM INC Manufacturing of 385.00 4500
APN 6308010038 garments
1
Issued Permit No. Project Address Tenant Description Fees Paid Square Feet
Total for Certificate of Occupancy: 9,987.00 225,895.00
16 Permits(s) Total Fees Paid 9,987.00
City of Vernon
Certificate of Occupancy
Applications Date From 311!2019 to 3/31/2019
Issued Permit No. Project Address Tenant Description Fees Paid Square
C-2019-1226 2281 49TH ST Annie's Enterprises Inc. Garment Sewing 385.00 25D0
APN 6308015044
C-2019-1227 2516 49TH ST Acumen Fine Art Logistics, Art Warehouse 885.00 15750
APN 6308010037 LLC
C-2019-1228 6250 BOYLE AVE Cenveo Worldwide Limited Warehousing 1,046.00 87500
APN 6310027022
C-2019-1229 5525 SOTO ST Russell Capital Ventures Showroom 385.00 1500
APN 6309026019 Inc,
C-2019-1230 2801 VERNON AVE BTG Corp. Dba Four Warehousing 0.00
APN 6302020042 Seasons Gen. Merch.
C-2019-1231 2797 LEONIS BLVD Luxury Import Export Warehouse 385.00 2500
APN 6308002012
C-2019-1232 3007 BANDINI BLVD Asamo Inc. Warehouse general 885.00 11058
RPN 6303002014 merchandise
C-2019-1233 3680 SANTA FE AVE FTP LLC Warehouse clothing - 885.00 6842
APN 6302005015 online sales
C-2019-1234 2770 LEONIS BLVD MCPATTERN DESIGN Garment 385.00 600
APN design/pattern
C-2019-1235 4444 26TH ST ACCO Engineered Systems Warehouse/Distribute 1,046.00 65798
APN 5243018017 on HVAC equipment
C-2019-1236 2651 45TH ST Genius Labs, LLC Light industrial 1,046.00 82000
APN 6308005021 manufacturing,
storage and office
C-2019-1237 2191 ANDERSON ST GUERRERO CUTTING Garment cutting 885.D0 7400
APN 6308019037 SERVICE, INC.
C-2019-1238 3653 SIERRA PINE Ellensburg Lamb Co. Inc. Distribution of meat 885.00 12000
APN 6303002012 dba Southland Meat proteins
C-2019-1239 6116 MALBURG WAY SAITEX (USA( LLC Garment mfg. and 885.00 31502
APN 6310027051 warehouse
C-2019-1240 5760 2ND ST AMERICAN HVAC MFG., Warehouse HVAC 885.00 8006
APN 6308019031 INC. parts
C-2019-1241 2055 37TH ST SS CUSTOM FURNITURE, Manufacturing 885.00 9005
APN 6302011008 INC. furniture and office
use
C-2019-1242 4767 49TH ST Litelean LLC Commercial Kitchen 885.00 13100
APN 6304016005 Facility
1
Issued Permit No. Project Address Tenant Description Fees Paid Square Feet
C-2019-1243 2890 54TH ST Project One Screen printing 885.00 6000
APN 6310010047
C-2019-1244 4330 26TH ST TBI Express LLC Warehouse general 885.00 48000
APN 5243019010 merchandise
C-2019-1245 2333 49TH ST The Massing Group LLC Garment 885.00 11400
APN 6308015044 manufacturing
C-2019-1246 2772 LEONIS BLVD Brema Bella Office 385.00 600
APN 6308002009
Total for Certificate of Occupancy: 15,683.00 423,061.00
21 Permits(s) Total Fees Paid 15,683.00
2
City Council Agenda Item Report
Agenda Item No. COV-182-2019
Submitted by: Lisette Grizzelle
Submitting Department: Human Resources
Meeting Date: May 7, 2019
SUBJECT
A Resolution Appointing Tilahun (Abraham) Y. Alemu To Serve As The Interim General Manager of Public Utilities
Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act
(CEAQ) review, because it is a general administrative activity that will not result in direct or indirect physical changes in
the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution appointing Tilahun (Abraham) Y. Alemu to serve as the Interim General Manager of
Public Utilities effective May 7, 2019.
Background:
The previous General Manager of Public Utilities resigned from the City of Vernon effective April 4, 2019. In order to
ensure that the Public Utilities Department is not without leadership, to maintain continuity and efficient operations, it is
recommended that Tilahun (Abraham) Y. Alemu be appointed as Interim General Manager, effective May 7, 2019, until
a permanent General Manager is appointed.
Mr. Alemu currently serves in a leadership and management role in the Public Utilities Department as the Integrated
Resources Manager. Mr. Alemu has over 26 years of experience in the Public Utilities Department at the City of
Vernon and has served in several capacities during his professional career, progressing from Electrical Engineering
Assistant, Assistant Power Engineer, Associate Engineer, Resource Engineer, Electric Resources Planning and
Development Manager, and presently Integrated Resources Manager. As such, he is familiar with the intricacies of the
City's infrastructure, internal staff and departmental needs.
Additionally, Mr. Alemu possesses a Bachelor's degree in Electrical Engineering, and is registered as a Professional
Engineer in Electrical Engineering which add to his qualifications to serve as Interim General Manager and his ability to
effectively plan, design, implement, and maintain solutions within the Public Utilities Department that directly impact the
residents and businesses of Vernon during this interim period.
Given Mr. Alemu's qualifications, education, work experience, training and familiarity with the Public Utilities
Department's programs, services, policies and procedures, and projects, he is well suited to serve as the Interim
General Manager of Public Utilities.
Fiscal Impact:
There is no additional cost to fill this Interim appointment due to current vacancies in the Public Utilities Department.
ATTACHMENTS
1. Resolution - Appointment of Interim GM of Public Utilities
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPOINTING TILAHUN (ABRAHAM) Y. ALEMU TO
SERVE AS THE INTERIM GENERAL MANAGER OF PUBLIC
UTILITIES
WHEREAS, as of April 4, 2019, there is a vacancy in the
position of General Manager of Public Utilities; and
WHEREAS, in light of this vacancy and exigent need for
management of the Public Utilities Department, the City Administrator
has elected to fill the vacancy on a temporary basis until recruitment
of an individual to fill the General Manager position on a permanent
basis can be completed; and
WHEREAS, the City Council of the City of Vernon desires to
appoint Tilahun Y. Alemu (“Abraham Alemu”) to serve as the Interim
General Manager of the Public Utilities Department while the City
conducts an executive recruitment to fill the position of General
Manager of Public Utilities on a permanent basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA) review, because it is a general 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.
SECTION 3: The City Council of the City of Vernon hereby
appoints Tilahun Y. Alemu (“Abraham Alemu”) to serve as the Interim
- 2 -
General Manager of the Public Utilities Department of the City of
Vernon effective May 7, 2019, until such time as the City
Administrator approves his removal from this interim appointment or
another person is appointed to the position of General Manager of
Public Utilities.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk, of the City of Vernon shall cause this resolution and
the City Clerk’s certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 7th day of May, 2019.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
- 3 -
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 Resolution, being Resolution No. , was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Tuesday,
May 7, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-
Tem of the City of Vernon.
Executed this day of May, 2019, at Vernon, California.
Maria E. Ayala, City Clerk
(SEAL)
City Council Agenda Item Report
Agenda Item No. COV-179-2019
Submitted by: Jessica Balandran
Submitting Department: Public Utilities
Meeting Date: May 7, 2019
SUBJECT
Change Order No. 1 to the Construction Contract CS-0636 between the City of Vernon and General Pump Company,
Inc.
Recommendation:
A. Find that approval of this action does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to
the California Environmental Quality Act (“CEQA”), because such action constitutes an administrative activity; and even
if the adoption of the proposed item did constitute a project, it would be exempt in accordance with CEQA Guidelines
section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment;
and
B. Approve Change Order No. 1 to the Construction Contract with General Pump Company, in substantially the same
form as submitted herewith, to extend the term of the Agreement from January 19, 2019 to July 19, 2019; and
C. Authorize the City Administrator to execute Change Order No. 1 for additional work related to the On-Call
Services for the Removal, Repair and Reinstallation of Well and Booster Pump Equipment and Rehabilitation of
Production Wells for Vernon Public Utilities.
Background:
The City of Vernon awarded Construction Contract CS-0636 to General Pump Company (GPC) on January 19, 2016
to assist in providing On-Call Services for the Removal, Repair and Reinstallation of Well and Booster Pump Equipment
and Rehabilitation of Production Wells for the Water Division (when previously managed by the Public Works
Department). GPC is a professional well redevelopment and pump equipment contractor specializing in well evaluation
and rehabilitation and pump equipment evaluation and services.
The initial term of the contract was for three years in an amount not-to-exceed $225,000. $80,991.76 in funding
remains on the contract; however, the contract term ended as of January 19, 2019. At the time the contract was
nearing the end of the term, Vernon Public Utilities (VPU) was exploring several different avenues to complete this type
of work and was not planning to renew this type of service arrangement. VPU was focused on constructing two new
wells to add reliable sources of groundwater to an overall aging system and was aiming to solicit competitive proposals
when failures occurred and/or operational issues arose. Due to recent changes in staffing, a reshuffling of the priorities
for the long term capital improvement plan, and unexpected failures of multiple groundwater wells, VPU believes it is
important to amend the term of the contract to address immediate repair and maintenance issues by utilizing the
remaining funding. During this time, VPU has developed a request for bids for On-Call Well and Booster Pump
Repairs that was issued April 29, 2019, and contains a bid deadline of May 9, 2019. After VPU awards to the most
responsive and responsible bidder, a contract will be in place for these services beginning July 1, 2019, for the term of
one year with a City option to extend the contract for two additional years.
VPU respectfully recommends that the City Council approve and authorize the City Administrator to execute Change
Order No. 1. The change order has been reviewed and approved by the City Attorney’s office.
Fiscal Impact:
Change Order No. 1 would extend the term of the Construction Contract by six additional months in order to utilize the
remaining funds of $80,991.76. Funds are available in the approved FY 2018-2019 VPU budget and are budgeted
accordingly in the forecasted FY 2019-2020 budget.
ATTACHMENTS
1. Change Order No. 1 with General Pump Company, Inc.
CITY OF VERNON
PUBLIC UTILITIES DEPARTMENT
CONTRACT CHANGE ORDER NO.1 SUPPLEMENT NO.SHEET 1 OF 1 SHEETS
PROJECT:On-Call Services for the Removal, Repair and Reinstallation of Well
and Booster Pump Equipment and Rehabilitation of Production Wells Contract No.:CS- 0636
TO:General Pump Company, Inc.CONTRACTOR
REQUESTED BY:Public Utilities Department
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
AGREEMENT EXTENSION
This Change Order shall extend the term of the Contract an additional 181 calendar days beginning January
19, 2019 through July 19, 2019, at no additional cost for this extended term. Due to recent reprioritization of
long-term capital improvement plan projects, as well as, unexpected failures of multiple groundwater wells, it
is prudent that the contract term be extended to address immediate repair and maintenance with the remaining
funds.
Contract Amount (Base Bid). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$225,000.00
Amount of This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$0
Amount of Previous Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$0
Total Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$0
Modified Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $N/A
By reason of this change order the
Contract Time will be adjusted as follows:
July 19, 2019
Approved:Date:5/7/2019
Carlos Fandino, City Administrator
Attest:
Maria E. Ayala, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date:Contractor:
By:Title:
City Council Agenda Item Report
Agenda Item No. COV-141-2019
Submitted by: Lissette Melendez
Submitting Department: Public Works
Meeting Date: May 7, 2019
SUBJECT
A Resolution Approving and Accepting the Grant Deed for the Property Located at 4224 District Boulevard
Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (“CEQA”) in
accordance with CEQA Guidelines Section 15301(c) because if any construction occurs as a result of accepting and
executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and
B. Adopt the proposed resolution approving and accepting the Grant Deed for approximately 2,191 square feet of land
located at 4224 District Boulevard and authorizing the Mayor to execute the Certificate of Acceptance.
Background:
As part of a property development project, this Grant Deed from Bridge Point Vernon, LLC, a California limited
liability company dedicates to the City of Vernon in fee simple title, a portion of property at 4224 District Boulevard
(Assessor’s Parcel Number 6304-027-005 and 015). The dedication is approximately 2,191 square feet in size,
located on the Southwest corner of District Blvd. and Maywood Ave., as well as the West side of Maywood Ave. This
dedication will increase the corner radius at property line from 20-feet to 52-feet and will also increase the street width
on portion of Maywood Ave. from 25-feet to 30-feet. There is currently street parking allowed on the East and West
side of Maywood Ave. The street widening will allow for better flow of the two-way traffic. This improvement includes
the relocation of 6 power poles. This right-of-way widening will meet the City of Vernon’s Master Plan of Streets and
will be used for street purposes.
The grant deed has been approved as to form by the City Attorney’s Office.
Fiscal Impact:
Processing of the Grant Deed has no fiscal impact.
ATTACHMENTS
1. Resolution Approving & Accepting Deed at 4224 District
2. Certificate of Acceptance
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND ACCEPTING THE GRANT DEED
DEDICATING IN FEE A PORTION OF THE PROPERTY LOCATED
AT 4224 DISTRICT BOULEVARD
WHEREAS, Bridge Point Vernon, LLC (the “Grantor”) has offered
to dedicate in fee a portion of the real property in the City commonly
known as 4224 District Boulevard in the City of Vernon, approximately
2,191 square feet in size, located on the Southwest corner of District
Boulevard and Maywood Avenue, as well as West side of Maywood Avenue,
assessor’s parcel number 6304-027-005 and 015 (the “Property”); and
WHEREAS, Grantor has delivered to the City a grant deed dated
March 21, 2019, dedicating in fee the Property to the City, a copy of
which is attached hereto as Exhibit A (“Grant Deed”); and
WHEREAS, the dedication will meet the City of Vernon’s
Master Plan of Streets and will be used for street purposes; and
WHEREAS, by memo dated May 7, 2019, the Director of Public
Works has recommended that the City accept the Grant Deed and approve
the execution of the Certificate of Acceptance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with CEQA Guidelines section 15301(c) because
if any construction occurs as a result of accepting and executing the
Grant Deed, the work would merely involve negligible expansion of an
existing street.
- 2 -
SECTION 3: The City Council of the City of Vernon hereby
accepts the interests in real property conveyed to the City of Vernon
by the Grant Deed, approves the Grant Deed and consents to the
recordation of the Grant Deed.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Certificate of
Acceptance accepting the Grant Deed for, and on behalf of, the City of
Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized
to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
actions herein approved or authorized.
SECTION 6: The City Council of the City of Vernon hereby
authorizes the Department of Public Works to submit the Grant Deed to
the County Recorder.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
- 3 -
SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk’s certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 7th day of May, 2019.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
- 4 -
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 Resolution, being Resolution No. , was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Tuesday,
May 7, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-
Tem of the City of Vernon.
Executed this day of May, 2019, at Vernon, California.
Maria E. Ayala, City Clerk
(SEAL)
EXHIBIT A
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
GRANT DEED
APN: Portions of 6304-027-005 & 015
DOCUMENTARY TRANSFER TAX IS NONE —NOT REQUIRED SEC. 11922
REVENUE TAXATION CODE.
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
Bridge Point Vernon, LLC, a California limited liability company (the "Grantor" )
HEREBY GRANTS) TO:
City of Vernon, a body corporate and politic (the "Grantee")
That certain teal property (the "Conveyed Property"), as described in Exhibit "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. The Conveyed
Property is a portion of the property owned in fee simple by the Grantor. The property is located
in the City of Ve1-non, County of Los Angeles, State of California.
Date: ~ ~ ~ ~ , 2019
Bridge Point Vernon, LLC, a California limited liability company (the "Grantor" )
rr..~... ~r:.~.. Nan2e, Title
Signaticre
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 WS ` ~ ~`S
On ~ 1~1 before me, ~ ,
(Insert Name of Notary P b c and Title)
~ (` , ^ ` l 1 i ~ tr~
personally appeared i~ ~ ~Nr ~ ~~
who proved to me on the basis of satisfactory evidence to be the perso whose names)
~/a e subscribed to the within instrument and acknowledged to me tha~/s~t~/~y
executed the same in ~/~er/t err authorized capacity(' s), and that by ~~i /h~r/th it
signature ) on the instrument the person or the entity upon behalf on which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the forgoing paragraph is true and correct.
'`" `' K. LARSEN ~~ ~Mr. y~
O` •f Comm. #2133886 ~, ='~~~ ~ ;,; Notary Public •California ~ ~' ~ Los Angeles County ''
°~~~r ~w~~ Comm. Expires Dec 11, ~0~ 9 WITNESS my hand and official seal.
Signature (Seal)
SHEET 1 OF 2
EXHIBIT "A"
RIGHT OF WAY DEDICATION
GRANTED TO THE CITY OF VERNON
(DISTRICT BOULEVARD AND MAYWOOD AVENUE)
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT 7 OF CERTIFICATE OF COMPLIANCE FOR LOT L1NE
ADJUSTMENT, 1N THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, RECORDED FEBRUARY 05, 2019 AS INSTRUMENT NO. 20190106372 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL 7:
BEGINNING AT THE NORTHWEST CORNER OF SA/D LOT 7,
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 82°47'15" EAST
32.47 FEET TO A POINT OF CUSP W1TH A CURVE CONCAVE SOUTHERLY AND HAVING A
RADIUS OF 290.00 FEET, SAID CURVE BEING TANGENT TO SAID NORTHERLY LINE AT 1TS
EASTERLY TERMINUS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH
7°12'45" EAST;
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 622'43'; AN
ARC LENGTH OF 32.28 FEET TO THE WESTERLY L1NE OF SAID LOT 7;
TNENCE NORTHERLY ALONG SAID WESTERLY LINE OF LOT 7, NORTH DO°50'25" WEST
1.80 FEET TO THE POINT OF BEGINNING OF PARCEL 7.
PARCEL 7 CONTAINING: 79 SQUARE FEET. MORE OR LESS
PARCEL 2.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7,
THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 7, NORTH 7°12'45"
EAST 259.78 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID EASTERLY LINE,
SAID CURVE SElNG CONCAVE SOUTHWESTERLYAND HAVING A RADIUS OF 20.00 FEET,'
THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL AJVGLE
OF 90°00'00'; AN ARC LENGTH OF 37.42 FEET TO THE NORTHERLY LINE OF SAID LOT 1;
THENCE WESTERLY ALONG SAID NORTHERLY LINE, NORTH 82°47'15" WEST 37.00 FEET
TO A POINT OF CUSP WITH A CURVE CO/VCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 52.00 FEET, SAID CURVE BEING TANGENT TO SAID NORTHERLY LINE AT ITS
WESTERLY TERMINUS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS
NORTH 7°12'45" EAST,'
SHEET 2 OF 2
EXHIBIT "A"
RIGHT OF WAY DEDICATION
GRANTED TO THE CITY OF VERNON
(DISTRICT BOULEVARD AND MAYWOOD AVENUE)
LEGAL DESCRIPTION
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
90°00'00'; AN ARC LENGTH OF 81.68 FEET TO A LINE PARALLEL WITH AND DISTANT
WESTERLY 5.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID EASTERLY LINE;
THENCE SOUTHERLY ALONG SAID PARALLEL LINE, SOUTH 7°12'45" WEST 227.78 FEET TO
THE SOUTHERLY LINE OF SAID LOT 1;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE, SOUTH 82°47'75" EAST 5.00 FEET TO
THE POINT OF BEGINNING OF PARCEL 2.
PARCEL 2 CONTAINING: 2, 7 72 SQUARE FEET MORE OR LESS.
PARCEL 7 AIYD PARCEL 2 CONTAIN: 2,191 SQUARE FEET OR 0.05 ACRES MORE OR LESS.
EXHIBIT "B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS,
AND RIGHTS-OF-WAY, 1F ANY
~ ~ ~ d ~ / 1 1 ter.. . ~lICT.~h I ► •
/~ Y' ._--
8 IAN L. THIEVES
P.L.S. No. 5750
REG. EXP. 12/37/19
x`21 ~ ~
DATE
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SCALE: 7" = 60' EXHIBIT i~8 ~~
RIGHT OF WAY DEDICATION
GRANTED TO THE CITY OF VERNON
(DISTRICT BOULEVARD AND MAYWOOD AVENUE}
SHEET 7 OF 7
~~S T~~C T
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LOT 1 ,;a
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i
LINE TABLE
LINE ~ BEARING LENGTH
L1 N 82'47' 15' W 32.47
12 N 00'50'25" W 1.80'
L3 N 82'47' 15" W 37.00'
L4 N 82'47'15° W 5.00'
L5 N 07'0537" E (RAD)
LOT 1 W
cEAn~cA rF of co~PuaNCE N
F0~9 LOT L/NE AIDJ(JSTJblENT ~
f7EC. 02/05/209 ~
/N57. NO.2019~D106372, O.R 5'
I` S'LY LINE
LOT 1
LOT2 i~~—CURVE TABLE
CURVE # DELTA RADIUS LENGTH
C1 6'22'43" 290.00' 32.28'
C2 90'00'00" 20.00' 31.42'
C3 90'00'00" 52.00' 81.68'
LEGEND:
INDICATES I/ARYING W/DTH
DEDICAT/ON FOR RIGHT ~F WAY
PURPOSES GRANTED TO THE
CITY OF ~ERNON.
CONTAINS.• 2,191 SQ. fT.
0.050 ACRES f
suRVEroR:
PREPARED UNDER
P.L.S. NO. 5750
REG. EXP. DEC. 31, 2019
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9~OF CAS-~~~~
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 Grant Deed dated March 21, 2019, executed by Bridge Point Vernon,
LLC, a California limited liability company, is hereby accepted by the undersigned officer on
behalf of the City pursuant to the authority conferred by Resolution No. 2019-XX by the City
Council of the City of Vernon on May 7, 2019, and the grantee consents to recordation thereof
by its duly authorized officer.
Dated: ____________, 2019
CITY OF VERNON
________________________________
Melissa Ybarra, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPROVED AS TO FORM:
HEMA PATEL, City Attorney
City Council Agenda Item Report
Agenda Item No. COV-173-2019
Submitted by: Brandon Araujo
Submitting Department: Public Works
Meeting Date: May 7, 2019
SUBJECT
A Resolution Authorizing the Use of the Design-Build Capital Project Delivery Method for the Los Angeles River
Closure Devices Project
Recommendation:
A. Find that approval of the Resolution is exempt from California Environmental Quality Act (“CEQA”) review,
because approving the method by which a contractor will be selected is an administrative activity that will not result in
direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA
Guidelines Section 15378; and
B. Adopt a Resolution Authorizing the Use of the Design-Build Project Delivery Method for the Los Angeles River
Closure Devices Project.
Background:
On May 16, 2016, the City of Vernon received a letter from the United States Army Corps Engineers (“USACE”)
stating that the City’s Section 15 and Section 16 storm drains do not have any closure devices that would prevent water
from the river side outlet from flowing back up the City’s storm drains and onto City streets. Section 15 and Section 16
storm drains are located primarily underneath Exchange Avenue and District Boulevard, respectively.
For this project, the design of the closure devices can vary considerably and those design decisions can have a
significant impact on the project’s cost, construction duration, and constructability. For these reasons, Public Works
recommends that City Council authorize a Design-Build project delivery method. City Council has previously adopted
a resolution authorizing a Design-Build project delivery method for the VPU Facility that was once planned at 2716
Leonis Boulevard (Resolution No. 2017-67) .
State law has recently allowed public agencies to procure construction services using a Design-Build project delivery
method instead of the more traditional Design-Bid-Build process. The Design-Build project delivery method combines
professional design services and construction services into a single contract with one vendor or team of vendors. This
method has been popular in the private sector for decades but is still relatively new in the public sector. This method is
also particularly well-suited for projects where constructability is significant factor on the design, the choice of design
can have a significant impact on the construction schedule, and the project would benefit from having a contractor
involved in the design from the onset of the project.
Other advantages to using the Design-Build project delivery method include:
• Greater flexibility in the contract award process.
• Having a single entity to hold accountable eliminates the finger-pointing that can often occur between a designer and a
contractor during a typical Design-Bid-Build process.
• Fewer change orders.
• Fewer claims.
• Faster project completion.
• Lower project cost.
• Greater cost certainty.
• More opportunity for innovation.
The Design-Build project delivery method is not explicitly sanctioned in Vernon’s Competitive Bidding and Purchasing
Ordinance (VMC Chapter 2, Article IV) given the method’s relative recent adoption by public agencies. However,
VMC Section 2.17.12 (A) (10) exempts contracts for professional services from competitive bidding. Since the
project involves professional services for the design of the closure devices, Public Works recommends procuring the
services of a design-build entity using a Request for Proposals (RFP). Furthermore, since the design will play a
significant role in the cost and duration of construction and costs can vary widely, the proposals received will then be
evaluated on a competitive, best-value basis.
Since the lowest bid is no longer a consideration in the evaluation of the proposals, the Resolution being considered
establishes the criteria to be used in awarding the Design-Build contract. The criteria as explicitly stated in the RFP for
this project are an evaluation of each proposal based on the following:
Experience (30%): Prior experience designing and constructing closure devices and outlet structures within USACE’s
jurisdiction, delivering similar projects on schedule and on budget, and obtaining Section 408 permits from USACE.
Prior experience of key staff assigned to oversee services provided to the City.
Design and Schedule (25%): The quality and ingenuity of the USACE-approved design will be considered. Any design
features that lead to cost savings and/or a decrease in project duration will be valued highly. The Proposer’s proposed
project schedule will also be heavily considered.
References (15%): past experience with previous clients and USACE will be considered.
Proposal (10%): quality and responsiveness of the Proposal
Costs and Fees (10%): Cost is not the sole determining factor but will be taken into consideration. Proposer must offer
services at a rate comparable to the rate Proposer offers to other governmental entities for similar work. Offering a
higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for
different types of levels of service, the Proposer should so state.
In-person interview (10%): The three highest-rated proposers may, at the City’s option, be invited to attend a
mandatory interview with the City’s Evaluation Committee and will be asked a series of questions in order to elicit the
Proposer’s understanding of the scope of work and their ability to communicate this understanding effectively. At most,
the three highest rated Proposers will be invited to participate and only those Proposers will be considered for contract
award. All other Proposers will not be considered further in the evaluation process.
It is recommended that the City Council adopt the Resolution authorizing the use of the Design-Build project delivery
method for Los Angeles River Closure Devices project. The proposed Resolution and RFP have been approved as to
form by the City Attorney’s office.
Fiscal Impact:
There is no fiscal impact to the City by adopting the proposed Resolution.
ATTACHMENTS
1. Resolution - Authorizing Use of Design-Build Method
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE USE OF THE DESIGN-BUILD
PROJECT DELIVERY METHOD FOR THE LOS ANGELES RIVER
CLOSURE DEVICES PROJECT
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, California State law allows public agencies to
procure construction services using a Design-Build method, instead of
the more traditional Design-Bid-Build process; and
WHEREAS, Design-Build contracts combine professional design
services and construction services into a single contract with one
vendor or team of vendors; and
WHEREAS, this method has been popular in the private sector
for decades, but is still relatively new in the public sector and is
well suited for projects where constructability issues can have an
impact on the design, the choice of design can have a significant
impact on the construction schedule, and the project would benefit
from having a contractor involved in the design from the onset of the
project; and
WHEREAS, the Los Angeles River Closure Devices Project (the
“Project”) requires the construction of two closure devices where the
City’s Section 15 and 16 storm drains connect to the Los Angeles
River; and
WHEREAS, by memorandum dated May 7, 2019, the Director of
Public Works has recommended the authorization and use of a Design-
Build project delivery method for the Los Angeles River Closure
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Devices Project (the “Design-Build Project Delivery Method”); and
WHEREAS, the Public Works Department recommends the use of
the Request for Proposals (attached hereto as Exhibit A and
incorporated herein by reference) (“RFP”) for procurement of design-
build services for the Project; and
WHEREAS, under the Design-Build Project Delivery Method the
design will play a significant role in the cost and duration of
construction, the proposals received will be evaluated on a
competitive, best-value basis as delineated in the RFP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because approving the method by which a contractor will be
selected is an administrative activity that will not result in direct
or indirect physical changes in the environment and therefore does not
constitute a “project” as defined by CEQA Guidelines Section 15378.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Director of Public Works to use the Design-Build
Project Delivery Method for the Los Angeles River Closure Devices
project.
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SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk, of the City of Vernon shall cause this resolution and
the City Clerk’s certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 7th day of May, 2019.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
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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 Resolution, being Resolution No. _______,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, May 7, 2019, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this day of May, 2019, at Vernon, California.
Maria E. Ayala, City Clerk
(SEAL)
EXHIBIT A
REQUEST FOR PROPOSALS
Page 1 of 208
City of Vernon
REQUEST FOR PROPOSALS
LOS ANGELES RIVER CLOSURE DEVICES PROJECT
FOR THE
DEPARTMENT OF PUBLIC WORKS
CITY OF VERNON, CALIFORNIA
4305 SANTA FE AVENUE
VERNON, CA 90058
Page 2 of 209
TABLE OF CONTENTS
PAGE
REQUEST FOR PROPOSALS ...................................................................................................................... 8-26
ATTACHMENTS
Attachment A: May 4, 2016 Letter from United States Army Corps of Engineers ...............................27
Attachment B: City of Vernon Storm Drain Systems Index Map .........................................................33
Attachment C: As-Built Plans for Sections 15 and 16 Storm Drains ...................................................35
Attachment D: Proposal Certification ..................................................................................................52
Attachment E: Schedule of Prices ......................................................................................................57
Attachment F: Incumbency Certificate ................................................................................................60
Attachment G: Proposer's Statement of Qualifications .......................................................................62
Attachment H: Proposer’s Experience Form .......................................................................................71
Attachment I: Contractor Safety Questionnaire ..................................................................................73
Attachment J: Designation of Subcontractors .....................................................................................78
Attachment K: Questionnaire Regarding Subcontractors ...................................................................82
Attachment L: Design-Build Entity's Affidavit of Non-Collusion ...........................................................84
Attachment M: Insurance Requirement Certification ..........................................................................87
Attachment N: Living Wage Compliance Certification ........................................................................89
Attachment O: Certificate of Equal Opportunity Practices .................................................................91
Attachment P: Project Workforce Utilization Form ..............................................................................93
Attachment Q: Current Permanent Workforce Utilization Form ..........................................................95
Attachment R: STANDARD FORM OF CONTRACT ..........................................................................97
CONTRACT EXHIBITS:
Exhibit A – General Conditions
ARTICLE 1. PRELIMINARY PROVISIONS 101
1.01 Definitions
1.02 Representatives
1.03 Permits, Inspections, Plan Checks, and Similar Governmental Approvals and
Utilities
1.04 Licenses
1.05 Allowances
1.06 Waiver
1.07 Data to be Furnished by the Design-Build Entity
1.08 Contract Drawings
1.09 Specifications and Drawings
1.10 Precedence of Contract Documents
1.11 Notice of Conflicts
Page 3 of 209
1.12 Reports
1.13 Lines, Grades, and Measurements
1.14 Right of Way
1.15 Design-Build Entity’s Operations/Storage Yard
ARTICLE 2. PERFORMANCE OF THE WORK 101
2.01 Performance of Work-General
2.02 No Assignment or Delegation
2.03 Standard of Performance
2.04 Defective Work
2.05 City’s Right to Carry Out the Work
2.06 Communications and Notices Regarding the Work
2.07 Independent Contractor
2.08 Emergency Work
2.09 Subcontractors
2.10 Use of Facilities Prior to Completion of Contract
2.11 Cooperation with Other Work Forces
2.12 Agreements with Property Owners
2.13 Protection of Property
2.14 Design-Build Entity’s Responsibilities for Losses or Liabilities
2.15 Warranty and Corrections
2.16 Cleaning and Environmental Controls
2.17 Water Pollution Control
2.18 Solid Waste Disposal and Diversion
2.19 Recycled, Reusable and Recyclable Products
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION 128
3.01 Commencement, Prosecution, and Completion of Work
3.02 City’s Discretion to Extend Time
3.03 Substantial Completion
3.04 Delays and Extensions of Time for Design-Build Entity
3.05 Climatic Conditions
3.06 Completion and Acceptance
3.07 Liquidated Damages
ARTICLE 4. PROJECT SCHEDULES 132
4.01 Baseline Project Schedule
4.02 Schedule Updates
4.03 Noncompensable Extraordinary Measures
4.04 Condition of Payment
Page 4 of 209
ARTICLE 5. SUSPENSION OR TERMINATION OF CONTRACT 135
5.01 Termination by the Design-Build Entity
5.02 Termination by the City for Cause
5.03 Partial Deletion or Suspension of Work by the City
5.04 Termination by the City for Convenience
5.05 Design-Build Entity’s Duties Upon Termination for Cause or Convenience
ARTICLE 6. CHANGES 140
6.01 City’s Right to Order Changes
6.02 Applicable Provisions
6.03 Notice of Scope Change
6.04 Change Orders
6.05 Construction Change Directive (Field Directive)
6.06 Pricing Changes in the Work
6.07 City Originated Request for Itemized Change Order Proposal Request
6.08 Design-Build Entity Originated Change Order Request (COR)
6.09 City Originated Unilateral Work Directive (Unilateral)
ARTICLE 7. CONTRACT PAYMENTS AND CLAIMS 147
7.01 General
7.02 Schedule of Values for Payments
7.03 Applications for Payment
7.04 Progress Payments
7.05 Final Payment
7.06 Miscellaneous
7.07 Payments by Design-Build Entity
7.08 Payments Withheld
7.09 Substitution of Securities
7.10 Claims
ARTICLE 8. MATERIALS AND EQUIPMENT 160
8.01 General
8.02 Quality and Workmanship
8.03 Trade Names and “Or Approved Equal” Provision
8.04 Approval of Materials
8.05 Ordering Materials and Equipment
8.06 Authority of the Director
8.07 Inspection
8.08 Infringement of Patents
ARTICLE 9. SUBMITTALS 163
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9.01 General
9.02 Product Handling
9.03 Schedule of Submittals
9.04 Shop Drawings
9.05 Colors
9.06 Manufacturer’s Literature
9.07 Substitutions
9.08 Manuals
9.09 As-Built Drawings
9.10 Submittals Quantities
9.11 Identification of Submittals
9.12 Schedule of Submittals
9.13 Coordination of Submittals
9.14 Timing for Submittals
9.15 Approval by City
9.16 Changes to Approved Submittals
ARTICLE 10. SAFETY 168
10.01 Protection of Persons and Property
10.02 Protection from Hazards
10.03 Differing Site Conditions
10.04 Traffic Regulation
10.05 Traffic Control Devices
10.06 Execution
10.07 Flagging
10.08 Pedestrian Canopies or Barricade Payments
ARTICLE 11. INDEMNITY 173
11.01 Indemnity
11.02 Enforcement
11.03 No Limitations
ARTICLE 12. INSURANCE 175
12.01 Condition to Commencement
12.02 Minimum Coverage and Limits
12.03 Conditions Regarding Insurance Coverage and Limits
12.04 Insurance Obligation is Separate from Indemnity Obligation
ARTICLE 13. BONDS 176
13.01 Required Bonds
13.02 Power of Attorney
Page 6 of 209
13.03 Approved Surety
13.04 Required Provisions
13.05 New or Additional Sureties
13.06 Waiver of Modifications and Alterations
13.07 Approval of Bonds
ARTICLE 14. LABOR PROVISIONS 178
14.01 Working Hours
14.02 Cost of Overtime Construction Services and Inspections
14.03 Compliance with State Labor Code
14.04 Wage Rates
14.05 Apprenticeship Standards
14.06 Employment of Apprentices
14.07 Registration with the State Department of Industrial Relations
14.08 Character of Workers
14.09 No Smoking
ARTICLE 15. DISPUTE RESOLUTION 182
15.01 Submission of Claims
15.02 Claims Dispute Resolution Process
15.03 No Waiver
ARTICLE 16. ACCOUNTING RECORDS 184
16.01 Maintenance of Records
16.02 Access to Records
16.03 Design-Build Entity Noncompliance – Withholding
16.04 Specific Enforcement by City
ARTICLE 17. MISCELLANEOUS PROVISIONS 185
17.01 Compliance with Applicable Laws
17.02 Ownership of Design Documents
17.03 Amendments
17.04 Waiver
17.05 Independent Contractor
17.06 Successors and Assigns
17.07 Survival
17.08 Limitation on Third Party Beneficiaries
17.09 Personal Liability of City Employees
17.10 No Estoppel
17.11 Governing Law
17.12 Further Assurances
Page 7 of 209
17.13 Severability
17.14 Headings
17.15 Entire Agreement
17.16 Counterparts
17.17 Attorney’s Fees
17.18 Construction
Exhibits to Exhibit A—General Conditions:
Exhibit 1 – Performance Bond 191
Exhibit 2 – Payment Bond 194
Exhibit 3 – Maintenance Bond 197
Exhibit 4 – Insurance Requirements 200
Exhibit 5 – Statement of Intent to Comply with Minimum Requirements of the
Stormwater Permit 206
Exhibit B – Living Wage Provisions……………………………………………………………… 208
Exhibit C – Equal Employment Opportunity Practices Provision……………………………… 209
[END OF TABLE OF CONTENTS]
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REQUEST FOR PROPOSALS
1. INTRODUCTION
The City of Vernon (“City”) is requesting proposals for the design, permitting, and
construction of closure devices for two of the City’s storm drains that drain into the Los
Angeles River.
The City will select one Design-Build Entity, based on demonstrated competence, a
proven track record, and a cost-effective approach to design and construct two closure
devices that meet the requirements of both the City and the United States Army Corps of
Engineers (“USACE”).
2. KEY DATES
a) Issue Date: FLAG
b) Deadline for Requests for Information: FLAG + 3 weeks
c) Response to Requests for Information: FLAG + 4 weeks
d) Proposal Deadline: FLAG + 5 weeks
3. REQUESTS FOR INFORMATION
A) All questions must be submitted in writing to the City of Vernon’s Contact Person,
Brandon Araujo, no later than FLAG + 3 weeks. Responses to verbal questions
will not be given.
B) Requests for clarifications, questions, and comments must be clearly labeled,
"Written Questions Re: Los Angeles River Closure Devices Project." 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: Brandon Araujo, P.E.
Public Works Department
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Facsimile: 323-826-1435
Attention: Brandon Araujo, P.E.
Public Works Department
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
E-mail: baraujo@ci.vernon.ca.us
Page 9 of 209
D) Please note that any questions asked and any response provided by Vernon will
be sent to every person who will be submitting a proposal, to the extent the City is
aware of them, no later than FLAG + 4 weeks.
4. CITY BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is
located approximately 5 miles southeast of downtown Los Angeles California. Over its
long history, Vernon has been developed as an industrial community. At the turn of the
20th century the lands that make up Vernon were comprised largely of farmlands. The
presence of three major rail lines in the area led influential business and property owners
to encourage the railroad companies to run spur lines onto the farmlands. These rail
extensions enabled the creation of an “exclusively industrial” city. By the 1920’s, Vernon
was attracting large stockyards and meatpacking facilities. In the 1930’s, Vernon became
the location of choice for many heavy industrial plants. As economic conditions changed
over the decades, these large-scale industrial operations have relocated out of Southern
California and Vernon has attracted smaller, lighter industrial facilities. The City’s
business-friendly environment, low-cost utilities and key location for trucking and rail
transport continue to position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected at-large, who serve
five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro
Tem from its own membership to serve 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, International Brotherhood of Electrical Workers Local 47, and
Teamsters Local 911.
5. PROJECT BACKGROUND
In a letter dated May 4, 2016, USACE, notified the City that two of the City’s storm drains
that drain to the Los Angeles River do not have closure devices that are required by
USACE. Furthermore, USACE informed the City does not have a permit on file for these
storm drains that penetrate the levee of the Los Angeles River. This letter can be found
in Attachment “A” of this RFP. These two storm drains are known as the Section 15 and
Section 16 storm drains per the City’s storm drain index map, attached hereon as
Attachment “B.”
The as-built plans for the Section 15 and Section 16 storm drains, shown on plans D2029
and D1901, respectively, are attached hereon as Attachment “C.”
Per USACE’s direction, closure devices must be constructed at the two storm drains per
USACE requirements and a Section 408 permit must be acquired for the two storm drains.
The construction of closure devices at the two locations is complicated by the fact that the
walls of the storm drains’ outlet structures are flush with the inner walls of the storm drain
Page 10 of 209
pipe. See Section B-B of D2029, Sheet 3 of 3 and Section B-B of D1901, Sheet 12 of 13
for an elevation view of the outlet structure. The lack of space between the walls of the
outlet structure and the inner walls of the storm drain do not allow for installation of
conventionally available flap gates and warrants a more innovative and thorough design.
The Design-Build Entity’s choice of closure device shall not diminish the drainage capacity
of either storm drain system.
6. SCOPE OF WORK
Design-Build Entity shall furnish all labor, materials, equipment, services, and
specialized skills to design and construct two closure devices for two of the City’s storm
drains that drain into the Los Angeles River. The Work will generally include the
following:
Task 1:
Once the Design-Build Entity has been procured, the City and Design-Build Entity will
hold a kick-off meeting to discuss the project objectives, project management, and all
other relevant project information. Project coordination with the City including monthly
face-to-face project team meetings with the Design-Build Entity to ensure good
communication no upcoming tasks and to confirm the project deliverables are on
schedule and within budget. Task deliverables shall include meeting agenda delivered
to the City no later than 24 hours in advance of the meeting and meeting minutes
delivered to the City no later than 5 business days after the day of the meeting.
Task 2:
The design of two USACE-approved closure devices for the City’s Section 15 and 16
storm drains and any and all design work required as a result of the proposed design of
two closure devices, signed, stamped, and dated by a registered Civil Engineer in the
State of California. Task deliverables shall include:
-30% design submittal that shows how the Design-Build Entity plans to construct
a closure device at each of the City’s Section 15 and Section 16 storm drains
-90% design submittal that represents a 100% complete design with the
exception of the incorporation of any review comments resulting from the review
of the submittal, including all backup material, design calculations, and all other
supporting documentation
Task 3:
The procurement of any and all permits required to construct two closure devices for the
City’s Section 15 and 16 storm drains, including but not limited to USACE Section 408
permit and any and all work required therein.
Task 4:
The construction of two USACE-approved closure devices for the City’s Section 15 and
16 storm drains and the construction of any and all related work required to install the
closure devices complete and in place.
7. KEY PROJECT INFORMATON
A. Contract Time: This Work must be completed within 540 calendar days from the
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date of commencement as established by the City’s written Notice to Proceed.
B. Amount of Liquidated Damages: $_________________ per calendar day
C. Intermediate Completion Milestones:
Task 2 must be completed within 90 calendar days from the date of
commencement as established by the City’s written Notice to Proceed.
Task 3 must be completed within 360 calendar days after the completion of Task
3.
Task 4 must be completed within 90 calendar days after the completion of Task
3.
8. MINIMUM QUALIFICATIONS
The following are the minimum qualifications to be used to evaluate responses to this
Request for Proposals:
The design of the two closure devices must be signed, stamped, and dated by a Civil
Engineer licensed by the State of California. Construction must be performed by an entity
that must possesses a valid State of California Contractors License and must list type in
the classification(s) specified in the Request for Proposals at the time of the Proposal
Deadline and at all times during the performance of the Construction Phase of the Work,
except as otherwise provided in California Business and Professions Code Section
7028.15.
Proposer must have satisfactorily completed at least three public works contracts in
California; each comparable in scope and scale to this Project, within five years prior to
the Proposal Deadline and with a dollar value comparable to the cost submitted for this
Project. See Section 10.I for how the Proposer must demonstrate the minimum
qualifications.
Proposal may be rejected as non-responsive if the Proposal fails to document that
Proposer meets the minimum qualifications.
9. GENERAL PROPOSAL REQUIREMENTS
A. General: To be considered, a Proposer must strictly follow the format for
proposals in this RFP. Proposals must be binding and firm. Any proposals may be
withdrawn before the Proposal Deadline and time, but proposals shall remain open
and valid for ninety (90) calendar days after the Proposal Deadline.
B. Interpretation of Request for Proposal Documents and Addenda
1. If any Proposer contemplating submitting a Proposal is in doubt as to the
true meaning of any part of the Request for Proposal Documents, or who
finds discrepancies, errors, or omissions therein or who finds variances in
any of the Request for Proposal Documents with applicable law, such
Proposer shall at once submit a written request for an interpretation or
correction thereof to the City’s Contact Person identified in the Request for
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Proposals, or other designated individual. All Proposers shall submit such
written requests to City not more than 21 calendar days after the Proposal
Deadline. The person or entity submitting the request shall be responsible
for its prompt delivery to City’s Contact Person identified in the Request for
Proposals.
Any interpretation or correction will be made only by Addendum issued by
the City and a copy of such Addendum will be made available to all
Interested Proposers of record. Any Addenda so issued must be
acknowledged in the Proposal and the cost of performing Work described
in the Addenda shall be included in the Proposal. Proposer’s failure to
acknowledge receipt of all Addenda may result in rejection of the Proposal
as non-responsive. No person is authorized to render an oral interpretation
or correction of any Request for Proposal Documents and no Proposer 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 Request for Proposal Documents, or for any oral instructions. City
reserves the right to extend the Proposal Deadline by issuing an Addendum
to Interested Proposers no later than 72 hours prior to the Proposal
Deadline. Proposers shall use complete sets of Request for Proposals
Documents in preparing Proposals; City shall not assume responsibility for
errors or misinterpretations resulting from the use of incomplete sets of
Request for Proposals Documents.
2. Copies of Addenda will be made available for inspection wherever Request
for Proposals Documents are on file for that purpose. Each Proposer shall
ascertain prior to submitting a Proposal that the Proposer has received all
Addenda issued and the Proposer shall acknowledge their receipt in the
Proposal.
C. Obtaining Drawings and Documents
Proposer may secure Request for Proposals Documents only from the location
specified in the Request for Proposals. City will maintain a list of persons who
obtained a copy of this RFP (“Interested Proposers”). Only Interested Proposers
will receive Addenda, if so issued.
D. Examination of Request for Proposal Documents and Site of Work
The Proposer shall examine carefully the site of the Work contemplated and the
Request for Proposal Documents. The submission of a Proposal will be conclusive
evidence that the Proposer 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 Request for Proposal Documents and other Contract
Documents. The Proposer 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 Proposer to
whom the Contract may be awarded.
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E. Proposal Forms – Submittal
1. The Proposals shall be made on the forms provided herein with all blank
spaces properly filled in.
2. 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 Proposal will render it informal and
may cause its rejection. All forms requiring specific information shall be
completed with all applicable information for a Proposal to be considered
responsive.
F. Proposal Forms – Authorized Signatures
1. The full name, business address, zip code, and business telephone
number, with area code of the individual, partnership, joint venture, or
corporation submitting the Proposal shall be typewritten or legibly printed
on the Proposal Forms. The Proposer shall sign the form with his/her usual
wet ink signature.
2. Sole Proprietorship: An individual shall sign.
3. Partnership (General or Limited): A partner shall sign for a partnership;
the partner shall give the names and addresses of all partners.
4. 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
Request for Proposal 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.
5. Joint Venture: Proposers shall use the appropriate section(s) listed above
in 2-4, based on their applicable situation.
10. THE PROPOSAL
The proposal should include, at a minimum, the following information in sectionalized
format:
A. Proposal Certification
All proposals shall include a complete and executed Proposal Certification form
attached hereon as Attachment “D.”
B. Scope of Work and Schedule
Describe the design of the closure devices for the City’s Section 15 and 16 storm
drains. Describe the impact and ancillary work required as a result of the design.
Describe how this design affects the project schedule as well as the construction
phase of the project. Describe why this design offers the best possible solution
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for the project.
For each task, define the scope of each task including the depth and scope of
analysis or research proposed. Discuss specific administrative and operations
expertise to be used.
For each task, list the responsible party. If the task is proposed to be
subcontracted, identify the subcontractor. No work shall be subcontracted unless
listed in the Proposal.
Provide a Gantt chart of the schedule.
Show the start and finish dates for each task. Show the duration of each task
and each task’s predecessor and successor.
Identify each task’s deliverable.
Discuss methods, specific techniques, and procedures to be employed to ensure
quality deliverables will be delivered within the required time frame and within
your identified budget.
C. Consultant Project Manager
Name the project manager who will be the primary point of contact for the project
and list his/her qualifications, roles, and responsibilities.
D. Personnel
Identify the project team. Identify role and responsibility of each member of the
project team. Include the amount of time key members will be involved in the
respective portions of the assignment.
For each key team member listed, provide a detailed description of their
qualifications, including their title, licenses, and a detailed professional resumes
noting past experiences in similar work efforts.
E. References and Previous Experience
The Proposal should provide the clients for whom the Proposer has performed
work of similar nature to this request.
For those clients, identify the specific work projects that were completed by the
Proposer which are directly related to the assignment described in this RFP. Note
the specific individuals who completed those projects.
Respondents are encouraged to supply relevant examples of their professional
product. Examples of professional product do not count toward the page limit
mentioned in Section 11 below.
F. Schedule of Prices
1. The Proposer shall include in his/her Proposal 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
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work and operations for the multiple movements of personnel, equipment,
supplies, and incidentals to the various project sites must be included in
the various pay items, and no extra compensation will be paid to Design-
Build Entity.
2. The Proposer shall state for each item on the Schedule of Prices,
Attachment “E” of this RFP, 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. Schedule of Prices 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
Proposal. If any Proposal, or portion thereof, is determined by the City to
be illegible, ambiguous or inconsistent, City may reject such a Proposal as
being non-responsive.
3. 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 proposed. In
the event of a discrepancy between the unit price proposed and the item
total, the unit price shall prevail; however, if 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. Where so indicated by the makeup of the
Schedule of Prices, sums shall be expressed in both words and figures,
and in case of discrepancy between the two, the amount written in words
shall govern.
4. All requested Alternates, if any, shall be proposed. See the Schedule of
Prices for more information and the list of Alternates, if any. If no change
in the Base Bid is required, enter “No Change.”
5. Permit Fees: If provided in the General Conditions, Contractor shall be
reimbursed for the actual direct cost of all Permit Fees, as defined in
Paragraph 1.01 and addressed in 1.03 of the General Conditions.
Proposer shall exclude the cost of Permit Fees from Proposer’s Base Bid
sum; Base Bid sum shall include the cost of administration and coordination
for all Governmental Approvals and Utility Fees.
6. Prices and Payments: Approximate quantities listed in the Schedule of
Prices are estimates given for comparing Proposals, and no claim shall be
made against the City for excess or deficiency therein, actual or relative.
Payment at the prices agreed upon will be in full for the completed Work
and will cover materials, supplies, labor, tools, equipment, and all other
expenditures incident to a satisfactory compliance with the Contract,
subject to all applicable provisions in the Contract and General Conditions.
G. Incumbency Certificate
The Proposer must complete the Incumbency Certificate, attached hereon as
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Attachment “F”, to certify the names of individuals authorized to execute the forms
and documents of this RFP.
H. Proposer’s Statement of Qualifications
Each Proposer shall be required to complete, execute, and submit with its
Proposal, the form entitled "Proposer's Statement of Qualifications” attached
hereon as Attachment “G.” Notwithstanding the provisions of Section 20 herein,
the Proposer’s Statement of Qualifications shall not be public records. All
information required by a Proposer’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 Proposal not accompanied by a Proposer’s Statement of
Qualifications form completed with all information required may render the
Proposal non-responsive. If the City determines that any information provided by
a Proposer in the Proposer’s Statement of Qualifications is false or misleading, or
is incomplete so as to be false or misleading, the City may reject the Proposal
submitted by such Proposer as being non-responsive.
I. Proposer’s Experience Form
The Proposer must complete the Proposer’s Experience Form, attached hereon
as Attachment “H.” This form will be used to determine whether or not the
Proposer meets the Minimum Qualifications described in Section 8 above.
J. Contractors Safety Questionnaire
The Proposer must complete the Contractor Safety Questionnaire, attached
hereon as Attachment “I.” This form applies to the entity that will be performing
the Construction Phase of the Work.
K. Designation of Subcontractors
1. Subcontractor Listing. On the Designation of Subcontractors form,
attached hereon as Attachment “J”, the Proposer shall list each
Subcontractor whom the Proposer must disclose under the Subletting and
Subcontracting Fair Practice Act, Public Contract Code Section 4104. The
Proposer 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 Request for Proposals Documents,
the Proposer 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.
2. Subcontractors’ Licenses. At the time of the Proposal 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.
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3. Disqualification of a Subcontractor. The City has the right to review the
suitability and qualifications of any Subcontractor proposed by the
Proposer. As part of this review, the City may request a Proposer 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 Proposer
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 Proposer to submit an
acceptable substitute. The City’s disqualification of a Subcontractor does
not disqualify a Proposer. However, prior to and as a condition to award of
the Contract, the successful Proposer shall substitute a properly licensed
and qualified Subcontractor without an adjustment of the Proposal Price.
4. Work of Subcontractors. The organization or arrangement of the Request
for Proposal documents do not limit the extent of the Work for the Contract
Documents. Accordingly, all Proposers are encouraged to disseminate all
of the Request for Proposal documents and other Contract Documents to
all persons or entities submitting sub-bids to the Proposer. The omission
of any portion or item of Work from the Proposal or from sub-proposals,
which is reasonably inferable from the Contract Documents, will not be a
basis for adjustment of the Contract Price or the Contract Time.
5. Ineligible Subcontractors. The successful Proposer 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 Proposal, the Proposer
certifies that it has investigated the eligibility of each and every listed
Subcontractor and has determined that none is ineligible to perform work
pursuant to the above code provisions.
L. Questionnaire Regarding Subcontractors
The Proposer must complete the Questionnaire Regarding Subcontractors form
attached hereon as Attachment “K.”
M. Design-Build Entity’s Affidavit of Non-Collusion
The Design-Build Entity’s Affidavit of Non-Collusion, attached hereon as
Attachment “L” shall be signed under penalty of perjury, certifying that the Proposal
is not the result of and has not been influenced by collusion. Proposer shall submit
this form with its Proposal. Any Proposal made without such affidavit, or believed
to be made in violation of the requirements set forth in the affidavit form, may be
rejected.
N. Insurance Requirement Certification
The Proposer shall submit to its insurance company or insurance agent the
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Insurance Requirement Certification in this RFP, attached hereon as Attachment
“M”. The insurance company’s underwriter or agent must complete the
Insurance Requirements Certification which states that the insurer’s underwriter
or agent will furnish the City with the required insurance documents within
fourteen (14) days after the Proposer’s having been notified of the Contract’s
award. The Proposer shall submit this form with its Proposal. Any Proposal
made without this statement, or made with an incomplete statement, may be
rejected.
O. Living Wage Compliance Certification
The Proposer must complete the Living Wage Compliance Certification form
attached hereon as Attachment “N.”
P. Certificate of Equal Opportunity Practices
The Proposer must complete the Certificate of Equal Opportunity Practices form
attached hereon as Attachment “O.”
Q. Project Workforce Utilization (Form AA-2)
The Proposer must complete the Project Workforce Utilization form (Form AA-2)
attached hereon as Attachment “P.”
R. Current Permanent Workforce Utilization (Form AA-3)
The Proposer has the option of completing the Current Permanent Workforce
Utilization form (Form AA-3) attached hereon as Attachment “Q.”
11. FORMAT AND DELIVERY OF PROPOSAL
Respondents are asked to submit one (1) unbound original, three (3) hard copies and one
(1) electronic copy (via email to baraujo@ci.vernon.ca.us) of their proposals in sufficient
detail to allow for a thorough evaluation and comparative analysis.
Limit your proposal to 20 typed 8.5” X 11” pages, or fewer, on white bond paper of at least
20-pound weight single sided (excluding attachments and any relevant examples of their
professional product)
1. Use a conventional typeface with a minimum font size of 12 points. Use a
1” margin on all borders.
2. Organize your submittal in the order described above.
3. Prominently label the package: “Los Angeles River Closure Devices
Project” and include the name of the primary contact for the respondent.
Deliver the response to:
City of Vernon
Attention: Daniel Wall, Director
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4305 Santa Fe Avenue
Vernon, CA 90058
4. All proposals shall be enclosed in sealed envelopes, distinctly marked
“Proposal” with the title of the proposal and the proposer’s name address
appearing on the outside.
Proposals should be mailed or delivered in person before 5:00 p.m. on
the Proposal Deadline. Proposals must be received at the Public Works
public counter before that time. A proposal received by the City after the
Proposal Deadline and time is non-responsive and shall not be
considered.
12. RETURN OF IMPROPER PROPOSALS
Proposals submitted after the Proposal Deadline are non-responsive and shall be returned
to the Proposer unopened. Oral, telephonic, telegraphic, facsimile or electronically
transmitted Proposals shall not be considered unless the Request for Proposals expressly
permits such means of transmittal.
13. WITHDRAWAL OF PROPOSALS
Proposer may withdraw its Proposal either personally or by written request any time prior
to the scheduled Proposal Deadline by notice to the City’s Contact Person designated in
the Request for Proposals. If such notice is written, it shall be signed by the Proposer and
shall be date-stamped and time-stamped by the City upon receipt. Withdrawn Proposals
may be resubmitted before the Proposal Deadline provided that they are in full
conformance with this RFP. Once submitted, all Proposals are irrevocable, except as
otherwise provided by law. Requests for withdrawal of Proposals after the Proposal
Deadline shall be made only in accordance with California Public Contract Code § 5100,
et seq. Proposer agrees by submitting a Proposal that such Proposal 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.
14. EVALUATION OF PROPOSALS
A. Terms and Conditions. The City reserves the right to accept or reject any or all
Proposals and be the sole judge regarding the suitability of the products, services
or supplies offered; and/or to waive any irregularities or informalities in any
Proposals or in the Proposal process. The City further reserves the right to
purchase all or fewer than all items or quantities of each item listed in the Request
for Proposals Documents. The award of the Contract, if made by the City, shall be
to the highest-rated Proposer.
B. Evaluation of Proposals.
1. Responsive Proposal. A responsive Proposal is a Proposal which
conforms, in all material respects, to the Request for Proposal
Requirements and Contract Documents.
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2. Responsible Proposer. A responsible Proposer is a Proposer 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.
3. Competency of Proposers. In selecting the highest-rated Proposer,
consideration will be given not only to the financial standing but also to the
general competency of the Proposer for the performance of the Work
covered by the Proposal including, but not limited to, the experience of the
Proposer in construction of public works for public agencies. By submitting
a Proposal, each Proposer agrees that the City, in determining the
successful Proposer and its eligibility for the award, may consider the
Proposer’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 Proposer’s performance of the Work.
C. Criteria:
The City will conduct a comprehensive, fair, and impartial evaluation of proposals
received in response to this RFP. All proposals received will be reviewed and
evaluated by a committee of qualified personnel. The name, information, or
experience of the individual members will not be made available to any proposer.
The Evaluation Committee will first review and screen all proposals submitted
according to the weighted criteria set forth below. The criteria will be used in
reviewing and comparing the proposals and in determining the highest-rated
proposal:
Experience (30%): Prior experience designing and constructing closure devices
and outlet structures within USACE’s jurisdiction, delivering similar projects on
schedule and on budget, and obtaining Section 408 permits from USACE. Prior
experience of key staff assigned to oversee services provided to the City.
Design and Schedule (25%): The quality and ingenuity of the USACE-approved
design will be considered. Any design features that lead to cost savings and/or a
decrease in project duration will be valued highly. The Proposer’s proposed
project schedule will also be heavily considered.
References (15%): past experience with previousast clients and USACE will be
considered.
Proposal (10%): quality and responsiveness of the Proposal
Costs and Fees (10%): Cost is not the sole determining factor but will be taken
into consideration. Proposer must offer services at a rate comparable to the rate
Proposer offers to other governmental entities for similar work. Offering a higher
rate to the City than the comparable rate is grounds for disqualification of the
Proposer. If rates differ for different types of levels of service, the Proposer
should so state.
In-person interview (10%): The three highest-rated proposers may, at the City’s
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option, be invited to attend a mandatory interview with the City’s Evaluation
Committee and will be asked a series of questions in order to elicit the
Proposer’s understanding of the scope of work and their ability to communicate
this understanding effectively. At most, the three highest rated Proposers will be
invited to participate and only those Proposers will be considered for contract
award. All other Proposers will not be considered further in the evaluation
process.
15. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the Proposal Deadline, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents time
to address such changes. Addenda, changes, and amendments, if made, will be posted
on the City’s website (www.cityofvernon.org), which is deemed adequate notice. A
Proposer may make a request to the City’s Contact Person to be placed on a list of
persons to receive notice of any such addenda, changes, or amendments. The preferred
manner of communications is via e-mail due to its timeliness.
16. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent. The
City reserves the right to amend or cancel this RFP without prior notice, at
any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any individual or
organization in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of the
City shall affect or modify any terms of this RFP. Oral communications or
any written/e-mail materials provided by any person other than designated
contact staff of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice, to award all or any individual
part/item/task of the proposal, waive any informalities, minor irregularities
or technical defects in a Proposal, and determine the highest-rated
proposal, whichever may be in the best interests of the City. The City
reserves the right to seek clarification on a Proposal with any source.
F. The dates, times, and sequence of events related to this RFP shall
ultimately be determined by the City. The schedule shown in Section 2 is
subject to change, at the sole discretion of the City, although the City will
attempt to follow it and, if it must be altered, will attempt to provide
reasonable notice of the changes.
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G. Respondents shall not issue any news release pertaining to this RFP or
the City without prior written approval of the City.
17. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
18. STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, City and Proposer shall enter into the written
contract for services attached hereto as Attachment “R”. Proposers responding to this
RFP are strongly advised to review all the terms and conditions of the Contract. The
term of the Contract shall not exceed three (3) years.
19. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded
the Contract, Design-Build Entity shall deliver to the City the following documents:
A. Two (2) copies of the Contract in the form included herein, properly
executed by Design-Build Entity and, if Design-Build Entity 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. All signatures must be notarized.
D. Property executed Statement of Statement of Intent to Comply with
Minimum Requirements of the Stormwater Permit in accordance with the
requirements set forth in Article 2 of the General Conditions and in the form
shown on Exhibit 5 attached thereto. All signatures must be notarized.
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.
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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 two (2) copies to
Design-Build Entity for its files.
20. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 10.H., upon
opening, all Proposals shall become a matter of public record and shall be regarded as
public, with the exception of those elements of each Proposal that are identified by the
Proposer and plainly marked as “trade secret,” “confidential,” or “proprietary,” including
any Statement of Qualifications and financial statements to be submitted by Proposers.
Each element of a Proposal which a Proposer desires not to be considered a public record
must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire
pages, documents, or other, non-specific designations) shall not be sufficient and shall not
bind the City in any way whatsoever. If City receives a request from a third party to make
a Proposal available for inspection and copying, the City will notify the Proposer of the
request. If a Proposer instructs the City that the information is not to be released, City will
withhold the information, provided, the Proposer 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 Proposer’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.
Proposer shall indemnify, defend (including Proposer’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 Proposer identifies as protectable, or asserts is protectable.
21. SUBSTITUTION OF SECURITIES
Pursuant to California Public Contract Code Section 22300, substitution of securities for
withheld funds is permitted in accordance therewith.
22. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
A. Prevailing Wage Rates. For the Construction phase of the Work, the Design-Build
Entity and all Subcontractors shall utilize the relevant prevailing wage rate
determinations in effect on the first advertisement date of the Request for
Proposals in preparing the 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 Proposal 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 Construction
Phase of the Work, shall be commensurate and in accord with specified rates for
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similar or comparable classifications for those performing similar or comparable
duties. To comply with California Labor Code Section 1773.2, Design-Build Entity
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.
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. Proposers shall notify all potential Subcontractors
submitting price quotations for portions of the Construction phase of the Work of
the requirements concerning payment of prevailing wage rates, payroll records,
hours of Work, and employment of apprentices.
23. 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).
24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
No contractor or subcontractor may be listed on a proposal for the construction phase of
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)
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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 Request for Proposal
Documents and failure to submit same may be grounds, in the sole discretion of the City,
for rejection of any Proposer.
A. Living Wage Ordinance and Prevailing Wage Where Applicable. Design-
Build Entity, 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 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, Design-Build
Entity and subcontractor shall not pay less than the highest wage rate for
that classification.
B. 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. Design-
Build Entity’s expressly agree to comply with the City's ordinances and
regulations regarding Equal Opportunity Employment as well as
regulations that may be mandated by the source of the funds supporting
the Contract. Design-Build Entity certifies and represents that during the
performance of this Contract, it and any other parties with whom it may
subcontract shall adhere to equal employment opportunity practices to
assure that applicants, employees, and recipients of service are treated
equally and are not discriminated against because of their race, religion,
religious belief, color, national origin, citizenship, ancestry, disability, sex,
age, medical condition, pregnancy, sexual orientation or marital status.
Design-Build Entity certifies that it will not maintain any segregated
facilities.
Design-Build Entity 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.). Design-Build Entity shall require like
compliance by all Subcontractors employed on the Work.
26. PROTEST PROCEDURES
A. Any Proposer submitting a Proposal directly to the City and eligible for award of
the Contract may file a protest if the Proposer complies with all of the following
requirements and conditions:
1. The Proposal protest is in writing;
2. A protest based upon alleged defects or improprieties in the
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Contract Documents is filed with the City prior to the Proposal
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 protest sets forth, in detail, all grounds for the protest,
including without limitation: all facts, supporting documentation,
legal authorities, and argument in support of the grounds for the
protest. All factual contentions must be supported by competent,
admissible, and credible evidence.
B. Any matters not set forth in the written protest will be deemed waived. Any protest
not conforming to the foregoing requirements and conditions will be rejected by the
City as invalid.
C. Dispute Indemnification. In the event of a dispute based upon the Proposer’s
submission of this Proposal and the City acceptance of same, the Proposer 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.
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ATTACHMENT A
MAY 4, 2016 LETTER FROM UNITED STATES ARMY CORPS OF ENGINEERS
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ATTACHMENT B
CITY OF VERNON STORM DRAIN SYSTEMS INDEX MAP
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ATTACHMENT C
AS-BUILT PLANS FOR SECTIONS 15 AND 16 STORM DRAINS
Page 52 of 208
ATTACHMENT D
PROPOSAL CERTIFICATON
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PROPOSAL CERTIFICATION
The undersigned submits this Proposal in response to the Request for Proposals issued by the City to construct the
Work of the following Project in accordance with the Contract Documents:
PROJECT: Los Angeles River Closure Devices, Specification No. (XXXX)
A. Enclosed herewith and by this reference incorporated herein and made a part of this Proposal are the following
completed forms:
1. Proposal Certification
2. Schedule of Prices
3. Incumbency Certificate
4. Proposer’s Statement of Qualifications
5. Proposer’s Experience Form
6. Contractor’s Safety Questionnaire
7. Designation of Subcontractors
8. Questionnaire Regarding Subcontractors
9. Design-Build Entity’s Affidavit of Non-collusion
10. Insurance Requirements Certification
11. Living Wage Compliance Certification
12. Certificate of Equal Opportunity Practices
13. Project Workforce Utilization Form
14. Current Permanent Workforce Utilization Form
B. Acknowledgment of Addenda. The Proposer 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.
If an Addendum or Addenda have been issued by the City and not attached and noted above as being received
by the Proposer, the Proposal may be rejected.
C. Inspection of the Work and Contract Documents. Proposer certifies that it has carefully examined and is
fully familiar with all of the provisions of the Request for Proposals Documents and said Request for
Proposals Documents contain sufficient detail regarding the Work to be performed; that it has notified City of
any errors or omissions in the Request for Proposals Documents and/or any unusual site conditions; and
that it has carefully checked all words, prices, and statements in this Request for Proposals Document.
Proposer hereby certifies that he/she and his/her Subcontractors have examined the local conditions,
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inspected the site and related Request for Proposal Documents, and fully acquainted themselves with all
conditions and matters which may in any way affect the Work, time of completion, or the costs thereof.
Proposer 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. Proposer 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 Proposer anticipated, the
Proposer agrees to assume all risks incident thereto.
PRE-PROPOSAL SITE INSPECTION – CERTIFICATION:
Person(s) who inspected site of the proposed Work for your firm:
Name: _______________________________________ Date of Inspection ___________________
Title: _______________________________________
Name: _______________________________________ Date of Inspection ___________________
Title: _______________________________________
D. Proposer agrees that all costs of Work show n in the Request for Proposals Documents, including work
reasonably inferable therefrom and necessary thereto, are included in his/her Proposal. All Work shown in the Contract
Documents for which a specific line item is not provided in the Bidding Form is included in the Proposer’s Total Base
Bid Price.
E. Design-Build Entity shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in
Paragraph 1.01 and addressed in Paragraph 1.03 of the General Conditions. Proposer shall exclude the cost of Permit
Fees from Proposer’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination of
Governmental Approvals and Utility Fees. Proposer agrees that City will not be responsible for any errors or omissions
on the part of the undersigned in making this Proposal.
F. Period of Irrevocability. Proposer agrees that this Proposal 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. Dispute Indemnification. In the event of a dispute based upon the Proposer’s submission of this Proposal and
the City acceptance of same, the Proposer 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.
The Proposer declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of
the City of Vernon.
I 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 day of at ,
City State
Page 55 of 209
Proposal
Respectfully Submitted
NAME OF PROPOSER
COMPANY
NAME:
ADDRESS: ___________________________________
___________________________________
CONTACT PERSON: ___________________________________
TELEPHONE NUMBER: FAX NUMBER:
E-MAIL: ________________________________________________
CALIFORNIA STATE CONTRACTOR’S LICENSE NUMBER: _________________________
EXPIRATION DATE: _________________
TAX IDENTIFICATION NO.: __________________________________
SURETY COMPANY: ___________________________________
All Proposal forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of
the Proposer. By signing the Proposal, the person signing is deemed to represent that he or she has authority to bind
the Proposer. Failure to sign the Proposal may invalidate the Proposal.
Page 56 of 209
PROPOSAL – SIGNATURE(S):
Form of Entity of Proposer:
Please check the appropriate signature block below and fill in all related information.
Sole Proprietorship:
By: _____________________________________
Title: _____________________________________
Printed name of person signing
_____________________________________
Signature
List all d/b/a’s: ______________________________________________________________________
Partnership: General Partner Limited Partner
By: _____________________________________
Title: _____________________________________
Printed name of person signing
_____________________________________
Signature
Corporation:
By: _____________________________________ Corporate Officer Title: _______________________
Printed name of person signing
_____________________________________
Signature
Joint Venture: Corporation Partnership
Individual Other ___________
By: _____________________________________
Title: _____________________________________
Printed name of person signing
_____________________________________
Signature
Name of all Joint Venturers:
[If the Proposer 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 Proposer is a partnership or joint
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 Proposer under the Proposal and under any contract arising therefrom. Attach
evidence to the Proposal Form that the individual signing has authority to do so.]
Corporate Seal
Page 57 of 209
ATTACHMENT E
SCHEDULE OF PRICES
Page 58 of 209
SCHEDULE OF PRICES
PROJECT: Los Angeles River Closure Devices,
PROPOSER’S NAME: _________________________________________________
BASE BID
Pursuant to and in compliance with your Request for Proposals and Contract Documents relating to the Project
including all Addenda (attach signed copies), Proposer, 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:
________________________________________________ Dollars ($_____________________)
Item No. Description Quantity Unit of Measurement Unit Cost Amount
1. Design of two closure devices
and any other design work
related as a result
1 LS
2. Obtaining all permits required to
construct two closure devices
complete and in place
1 LS
3. Construction of closure devices 2 EA
BID TOTAL
$
WRITTEN AMOUNT
$
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.
Proposer shall exclude the cost of Permit Fees from Proposer’s Base Bid sum; Base Bid sum shall include the cost of
administration and coordination of Governmental Approvals and Utility Fees.
Respectfully submitted:
Signature
Address
Page 59 of 209
Title
Date
License Number Date of Expiration
(SEAL - if Bid is by a corporation)
Attest
Page 60 of 209
ATTACHMENT F
INCUMBENCY CERTIFICATE
Page 61 of 209
INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Proposal
Forms:
PRESIDENT’S & OFFICERS’ NAME: TITLE:
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of
_______________________________________ (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 Proposal Forms.
IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this ______ day of
_____________, 20__.
_______________________________
Secretary’s Name-Printed
_______________________________
Secretary’s Signature
Page 62 of 209
ATTACHMENT G
PROPOSER’S STATEMENT OF QUALIFICATIONS
Page 63 of 209
PROPOSER’S STATEMENT OF QUALIFICATIONS
1. ORGANIZATION
1.1 How many years has your organization been in business as an Engineer? As a Contractor?
1.2 How many years has your organization been in business under its present name?
1.2.1 Under what other names has your organization operated?
1.3 If your organization is a corporation, answer the following:
1.3.1 Date of incorporation/organization:
1.3.2 State of incorporation/organization:
1.3.3 Corporate ID number:
1.3.4 Name of President:
1.3.5 Agent for Service of Process: ________________________________________
1.4 If your organization is a partnership, answer the following:
1.4.1 Date of organization/formation:
1.4.2 Type of partnership (if applicable):
1.4.3 Name(s) 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:
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 64 of 209
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.
______________________________________________________________________________
________________________________________________________________
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.
______________________________________________________________________________
________________________________________________________________
3. EXPERIENCE
3.1 List the categories of Work that your organization normally performs with its own
personnel.______________________________________________________________________
______________________________________________________________________________
_________________________________________________________
_______________________________________________________________________
3.2 On the Experience Form, list the project information that establishes that Proposer meets
the essential requirements for qualification set forth in the Mandatory Qualifications
paragraph of the Request for Proposals 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.
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 a publicly-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?
□ YES □ NO
Page 65 of 209
4.1.2 A vehicle collision or accident involving your firm’s employees?
□ YES □ NO
4.1.3 Damage to real property arising out of your services or operations?
□ YES □ NO
4.1.4 Employment-related litigation brought by an employee of your firm?
□ YES □ NO
4.1.5 Payment to a subcontractor or supplier?
□ YES □ NO
4.1.6 Defective, deficient, or substandard work?
□ 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 and 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 lawsuit, or requested arbitration
or mediation, against a government entity or a Client?
□ 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?
□ 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 five (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 66 of 209
□ 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.)
□ 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?
□ 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 Proposer is a corporation, any principal of the corporation ever been
convicted of a felony?
□ 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?
□ 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.
□ YES □ NO
Page 67 of 209
_______________________________________________________________________
_________________________________________________________________
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.
□ 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?
□ 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 a consolidations, mergers, acquisitions,
closings, layoffs or staff reductions?
□ 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?
□ 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?
□ YES □ 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 68 of 209
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” Proposer or proposer?
□ 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” Proposer. 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?
□ 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?
□ 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 or completely – the contract or the agreement based on the prices
that your firm had originally submitted in a Bid or a Proposal?
□ 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?
□ 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.
6.7. 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 69 of 209
□ 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, or non-renewed your
firm’s contract or agreement before its completion?
□ YES □ NO
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?
□ 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?
□ 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?
□ YES □ NO
7.1.2. Canceled or non-renewed your firm’s insurance coverage?
□ YES □ NO
7.1.3. Refused to issue your firm a bond?
□ YES □ NO
7.1.4. Canceled or revoked a bond obtained by your firm?
□ YES □ NO
Page 70 of 209
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?
□ 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
Design-Build Entity's most recent project:
8.2 Name and address of agent:
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 Proposer.
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 Proposer_________________________________
_________________________________
Page 71 of 209
ATTACHMENT H
PROPOSER’S EXPERIENCE FORM
Page 0 of 209 PROPOSER’S EXPERIENCE FORM PROJECT NAME: Los Angeles River Closure Devices SPECIFICATION NO. (Insert Spec. Number) COMPANY NAME: ***Please use additional sheets if necessary List below the project information that establishes that Proposer meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Request for Proposals for this Project. CONTRACT START DATE CONTRACT END DATE CONTRACT $ AMOUNT PROJECT NAME AND AGENCY ADDRESS CONTACT NAME CONTACT PHONE NUMBER 1 2 3 All 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 Proposer. 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 Proposer Print name: State of California Contractor’s License No. __________________________ Contractor’s License expiration date ________________________________
Page 0 of 209
ATTACHMENT I
CONTRACTOR SAFETY QUESTIONNAIRE
Page 1 of 209
CONTRACTOR SAFETY QUESTIONNAIRE
Company Name: ____________________________________________________________________________
Primary Type of Work: ________________________________________________________________________
Person Completing Form: _____________________________________________________________________
Title: _____________________________________________ Phone Number: ___________________________
Date: _________________________________
SAFETY PERFORMANCE
1. List your company’s Interstate Experience Rating Modifier (ERM)1 for the three most recent years.
20____ _______________________________
20____ _______________________________
20____ _______________________________
2. List your company’s number of injuries/illnesses from your OSHA 300 logs for the three most recent years.
20_____ 20_____ 20_____
a. Fatalities _____ _____ _____
b. OSHA recordable incidents _____ _____ _____
c. Lost work day incidents _____ _____ _____
d. Total lost work days _____ _____ _____
e. Total hours worked _____ _____ _____
3. Upon request from the City, the contractor(s) 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 e). Training Plans
and current year-to-date
b). Verification of ERM from your insurance carrier f). Training Certificates for Employees
c). Injury/Illness Report g). Emergency Response Training
d). Complete written Safety Program
4. Company Safety Contact:
a. Name __________________________________________
b. Phone__________________________________________
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 2 of 209
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
1. SAFETY PROGRAM DOCUMENTATION Circle One
a. Do you have a written safety program manual? Yes No
1) Last revision date ______________________
b. Do you have a written safety field manual? Yes 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 Yes No
the company?
b. Do you have a disciplinary process for enforcement Yes No
of your safety program?
c. Does management set corporate safety goals? Yes No
d. Does executive management review:
Accident reports? Yes No
Safety statistics? Yes No
Inspection reports? Yes No
e. Do you safety pre-qualify subcontractors? Yes No
f. Do you have a written policy on accident reporting Yes No
and investigation?
g. Do you have a light-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
Random testing Disciplinary process
Reasonable cause testing Alcohol testing
Post accident testing National Institute on Drug Abuse
Panel Screen
k. Does each level of management have assigned safety Yes No
duties and responsibilities?
Page 3 of 209
3. TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee? Yes 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?
Weekly Monthly Quarterly Annually Other_____________
d. Do you hold tool box/tailgate safety meetings
focused on your specific work operations/exposures? Yes No
How often?
Weekly Daily Other_____________
e. Do you require equipment operation/certification training? Yes No
4. ADMINISTRATION AND PROCEDURES
a. Does your written safety program address
administrative procedures? Yes No
If yes, check which apply:
___ Pre project/task planning ___ Emergency procedures
___ Record keeping ___ Audits/inspections
___ Safety committees ___ Accident investigations/reporting
___ HAZCOM ___ Training documentation
___ Substance abuse prevention ___ Hazardous work permits
___ Return-to-work ___ Subcontractor prequalification
b. Do you have project safety committees? Yes No
c. Do you conduct job site safety inspections? Yes No
How often?
Daily Weekly Monthly Other_____________
Do these inspections includes a routine safety
inspection of equipment (e.g., scaffold, ladders, fire
extinguishers, etc.)? Yes No
d. Do you investigate accidents? Yes No
How are they reported?
Total company By superintendent
By project By project manager
By foreman In accordance with OSHA
e. Do you discuss safety at all preconstruction and progress meetings? Yes No
Page 4 of 209
f. Do you perform rigging and lifting checks prior to lifting? Yes No
For personnel For equipment Heavy lifts (more than 10,000 lbs.)
5. WORK RULES
a. Do you periodically update work rules? Yes No
When was the last update? ___________________________
b. What work practices are addressed by your work rules?
CPR/first aid Access—entrances/stairs
Barricades, signs, Respiratory protection
and signals
Blasting Material handling/storage
Communications Temporary heat
Compressed air and gases Vehicle safety
Concrete work Traffic control
Confined-space entry Site visitor escorting
Cranes/rigging and hoisting Public protection
Electrical grounding Equipment guards and grounding
Environmental controls and Monitoring equipment
Occupational health
Emergency procedures Flammable material handling/storage
Fire protection and prevention Site sanitation
Floor and wall openings Trenching and excavating
Fall protection Lockout/Tagout
Housekeeping Energized/pressurized equipment
Ladders and scaffolds
Mechanical equipment/ 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 5 of 209
ATTACHMENT J
DESIGNATION OF SUBCONTRACTORS
Page 6 of 209
DESIGNATION OF SUBCONTRACTORS
NAME OF PROPOSER: _________________________________________________________
Each Proposer must list, on the form provided on the next page, each Subcontractor who will perform work or labor or
render service to the Design-Build Entity in or about the construction of the Work or improvement, or a Subcontractor
licensed in the State of California who, under subcontract to the Design-Build Entity, 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 Proposer's Base Bid Amount. Each Subcontractor must have
an active and current license, and all requisite specialty certifications, when listed.
Proposer 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; and 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 Proposer's Base Bid
to which no Subcontractor was designated in the original Proposal 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 Design-Build Entity violates any of the above provisions the Design-Build Entity 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 Design-Build
Entity 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 Design-Build Entity fails to specify a Subcontractor, or if the Design-Build Entity specifies more than one
Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one
percent of the Design-Build Entity’s Base Bid Amount, then the Design-Build Entity agrees that he/she is fully qualified
to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award of Contract,
the Design-Build Entity subcontracts any such Work, the Design-Build Entity will be subject to the statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOLLOWING PAGE
Page 0 of 209 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 License Number Public Works Contractor Registration Number (if applicable) Dollar ($) Value
Page 1 of 209
The Design-Build Entity shall not:
A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Proposal,
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 Proposal, 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 Design-Build
Entity's written Proposal, is presented to the Subcontractor by the Design-Build Entity;
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 Design-Build
Entity as set forth in Public Contract Code Section 4108;
5. When the Design-Build Entity 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 Proposal, 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 Design-
Build Entity's Base Bid Amount as to which his/her original Proposal did not designate a Subcontractor.
Prior to approval of the Design-Build Entity's request for a Subcontractor substitution, the City shall give notice in writing
to the listed Subcontractor of the Design-Build Entity'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 Design-Build Entity’s request for substitution.
The Design-Build Entity, 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 Proposal 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 Design-Build Entity prior to the Proposal Deadline.
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ATTACHMENT k
QUESTIONNAIRE REGARDING SUBCONTRACTORS
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QUESTIONNAIRE REGARDING SUBCONTRACTORS
Proposer shall answer the following questions and submit with his/her Contract proposal.
1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your
bid? Yes No
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.
3. 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 No
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 No
7. Was a conscious effort made to recruit and hire project area lower-income residents?
Yes No
Please submit statement.
8. 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 Proposer.
Name of Company
By:
Title: ______________________________________
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ATTACHMENT L
DESIGN-BUILD ENTITY’S AFFIDAVIT OF NON-COLLUSION
Page 5 of 209
DESIGN-BUILD ENTITY’S AFFIDAVIT OF NON-COLLUSION
STATE OF CALIFORNIA
COUNTY OF_________
)
)
)
_________________________________________ being first duly sworn, deposes and says:
1. That he/she is the ________________________ (Title of office if a corporation, "sole owner," "Partner,"
or other proper title) of _______________________________________, (hereinafter called "Design-
Build Entity") who has submitted to the City of Vernon a Proposal for the construction of the Los Angeles
River Closure Devices;
2. That said Proposal is genuine; that the same is not sham; that all statements of fact therein are true;
3. That said Proposal is not made in the interest or behalf of any person, partnership, company, association,
organization, or corporation not named or disclosed;
4. That Design-Build Entity 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 Proposal price of Design-Build Entity or of anyone else, or to raise or fix any overhead profit, or
cost element of Design-Build Entity'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 Proposer, or anyone else interested
in the proposed Contract;
5. That the Design-Build Entity has not in any manner sought by collusion to secure for himself an advantage
over any other Proposers or induce action prejudicial to the interests of the City of Vernon or of any other
Proposer, or anyone else interested in the proposed Contract;
6. That the Design-Build Entity 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 Design-Build Entity
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 Design-
Build Entityr who does not use the facilities of or accept bids from or through such bid depository;
///
7. That the Design-Build Entity did not, directly or indirectly, submit the Design-Build Entity's Proposal 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 Design-Build Entity in his/her business.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this day of at ,
Month/Year City State
Design-Build Entity (Please Print)
Design-Build Entity’s Signature
Title
DESIGN-BUILD ENTITY’S SIGNATURE MUST BE NOTARIZED
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ATTACHMENT M
INSURANCE REQUIRMENT CERTIFICATION
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INUSRANCE REQUIREMENT CERTIFICATION
THE PROPOSER’S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE PROPOSER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS.
I, the undersigned (Please check one box) underwriter agent, certify that I and the Design-Build Entity listed below
have jointly reviewed the “Insurance Requirements” in these Request for Proposals Documents and the Contract
Documents. If the City of Vernon (“City”) awards the Design-Build Entity the Contract for this project, I will be able—
within fourteen (14) calendar days after the Design-Build Entity is notified of the Contract’s award—to furnish the City
with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully
meet all of the Insurance Requirements.
__________________________
Name of Insurance Company Date
Insurance Agent’s Name (Printed) Insurance Agent’s Name
____________________________________________
(signature)
Address City State Zip Code
Telephone Number FAX Number Email Address
Design-Build Entity’s Name City Specification Number
Below State the Name of Insurance Company Providing Coverage:
DO NOT write “Will Provide,” “To Be Determined,” “When Required,” or similar phrases.
Commercial General Liability Automobile Liability
Workers’ Compensation Liability
City Will Purchase Policy, if required
Builders Risk Pollution Liability
[NOTE TO DESIGN-BUILD ENTITY: See “Insurance Requirements” EXHIBIT 4 of the Contract for the requirement of
obtaining Pollution Liability Insurance.]
NOTE TO THE UNDERWRITER / AGENT: If the insurance forms that the Design-Build Entity submits to the City do
not fully comply with the Insurance Requirements, and/or if the Design-Build Entity fails to submit the forms within the
14-day time limit, the City may: (1) declare the Design-Build Entity’s Proposal non-responsive, and (2) award the
Contract to the next highest rated Proposer.
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ATTACHMENT N
LIVING WAGE COMPLIANCE CERTIFICATION
Page 10 of 209
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 1st, to remain in compliance.
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. ________________________________will comply with the requirements of the Vernon Living Wage
(Name of Company)
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.
___________________________________________________________________________
(Name) (Title)
______________________________________________________________________________
(Signature) (Date)
Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to
the Department of Finance – Purchasing Division 323.583.8811.
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ATTACHMENT O
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
Page 12 of 209
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.org
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:
Business Telephone: _______________________ Fax Number: ______________________
(optional)
Address: ________________________________________
City: __________________________ State: ________ Zip ___________
Contact Person ________________________ E-mail Address ________________________
(optional)
Tax ID Number (or Social Security Number) _____________________
Remit Address (if different) _____________________________________________________________
Please state clearly and concisely the type(s) of goods and services your company provides:
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that
apply):
African-American____ Asian____ Armenian____ Hispanic____ Native American____
Disabled____ Female____
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ATTACHMENT P
PROJECT WORKFORCE UTILIZATION FORM
Page 0 of 209 Project 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 the 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: ________________________________________ Project: ____________________________________________ Job 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 Are any current employees or potential new hires Vernon residents? If so, how many?
Page 1 of 209
ATTACHMENT Q
CURRENT PERMANENT WORKFORCE UTILIZATION FORM
Page 0 of 209 Current Permanent Workforce Utilization (Form AA-3) OPTIONAL Name of Company: Project: Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups. White (not of Hispanic origin) African-American (not of Hispanic origin) Hispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION Officials/ Managers Professionals Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL
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ATTACHMENT R
STANDARD FORM OF CONTRACT
Page 1 of 209
STANDARD FORM OF
DESIGN-BUILD AGREEMENT BETWEEN
CITY AND DESIGN-BUILD ENTITY
This Agreement is made and entered into at Vernon, California this day of , 20 ___, by
and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and , a
[Insert State of Incorporation] corporation (hereinafter "Design-Build Entity"), for construction of Los Angeles River
Closure Devices.
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. Request for Proposals;
L. Design-Build Entity’s Proposal; and
M. Addenda Nos. _____.
3. SCOPE OF WORK
Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract
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Documents, the Design-Build Entity 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:
Los Angeles River Closure Devices
4. TIME FOR PERFORMANCE
Contract Time. Design-Build Entity shall achieve Substantial Completion of the Work within 540 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. Design-Build Entity 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 Design-Build Agreement 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. Design-Build Entity acknowledges that the time limits and deadlines set
forth in the Contract Documents are reasonable for Design-Build Entity to perform and complete the Work.
Liquidated Damages. If Design-Build Entity fails to achieve Substantial Completion of the entire Work within
the Contract Time for Substantial Completion, Design-Build Entity shall pay City as liquidated damages the amount of
______________________ ($_______) per day for each calendar day occurring after the expiration of the Contract
Time for Substantial Completion until Design-Build Entity achieves Substantial Completion of the entire Work, as
required by Article 3 of the General Conditions of Contract.
Design-Build Entity Initial here: _________.
5. CONTRACT SUM
In consideration of the Design-Build Entity’s full, complete, timely, and faithful performance of the Work required by
the Contract Documents, City shall pay Design-Build Entity the sum of _________________ dollars/no cents
($________________), payable as set forth in the General Conditions (“Contract Sum”). The Contract Sum shall
include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto
rental, subsistence, and all related costs and expenses. The actual direct cost of all Permit Fees is excluded from
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the Contract Sum, however Design-Build Entity’s cost of administration and coordination of all Governmental
Approvals and Utility Fees is included in the Contract Sum.
6. PERMIT FEE REIMBURSEMENT
In accordance with Paragraph 1.03 of the General Conditions, the City shall reimburse Design-Build
Entity for the documented actual direct cost of Permit Fees, without Allowable Mark-up, in addition to payment of the
Contract Sum.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written.
Executed at ___________________, California.
[Design-Build Entity]:
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:
DESIGN-BUILD ENTITY’S SIGNATURE MUST BE NOTARIZED
[Design-Build Entity’s Corporate
Seal]
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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 Design-Build Entity to adequately determine fair value before the Proposal
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 Design-Build Entity 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 Schedule of Prices for which the Proposer 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. Proposal. A complete and properly executed offer by the Proposer on City-prescribed forms to
perform the Work for the prices stated in response to the Request for Proposals.
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 Design-Build Entity’s responsibility only if the City
accepts the Bid Alternate.
F. Proposal Forms: The City-prescribed forms which the Proposer shall complete and use to submit a
Proposal. The Bid Forms include: (1) Proposal; (2) Schedule of Prices; (3) Incumbency Certificate;
(4) Proposer’s Statement of Qualifications; (5) Proposer’s Experience Form; (6) Contractor Safety
Questionnaire; (7) Designation of Subcontractors; (8) Design-Build Entity’s Affidavit of Non-
Collusion; (9) Insurance Requirements Affidavit; (10) Living Wage Compliance Certification; (11)
Certificate of Equal Opportunity Practices; (12) Project Workforce Utilization Form; (13) Current
Permanent Workforce Utilization Form; and (14) forms included in the Specification required by the
type of project funding (e.g. federal, ARRA, HUD, etc.).
G. Proposer. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a
bid on these Contract Documents or any part thereof.
H. Request for Proposals Documents. Request for Proposals Documents include the Proposal
Requirements and the proposed Contract Documents. The Proposal Requirements consist of: (1)
Request for Proposals; (2) Instructions to Proposers; and (3) Proposal Forms. The proposed Contract
Documents consist of: (1) the Request for Proposal Requirements; (2) the Design-Build Agreement
Between City and Design-Build Entity; (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
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Addenda issued prior to the execution of the Design-Build Agreement; (8) all Modifications issued after
the execution of the Design-Build Agreement; and (9) Governmental Approvals, if any, including but
not limited to, permits.
I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement
between the City and Design-Build Entity for: a change in the terms or conditions of the Agreement,
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
Design-Build Entity, which describes an instruction issued by the City after the effective date of the
Agreement, which Design-Build Entity 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 Design-Build Entity.
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 Design-Build Agreement
between City and Design-Build Entity and consist of: (1) the Proposal Requirements; (2) the Design-
Build Agreement; (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 Design-Build Entity. The Contract Documents are complementary, and what is required
by one shall be as binding as if required by all; performance by the Design-Build Entity 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 Design and 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 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 Design-Build
Entity. There shall be no third party beneficiaries of the Contract Documents.
O. Contract Sum. The total amount of compensation stated in the Design-Build Agreement that is
payable to Design-Build Entity 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 Design and 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 Design-Build Entity's performance of the
Work is measured in calendar days (not work days).
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Q. Design-Build Entity. 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 Design-Build Entity for design and construction of the Work.
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 Design-Build Entity.
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 Director of the Public Works 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 Design-Build Entity 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) Design-Build Entity 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.
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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.
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 Design-Build Entity to perform the Work.
CC. Guarantee. Assurance to City by Design-Build Entity 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 Design-Build Entity may be referred to in the Contract Documents from time
to time as the Parties.
GG. Permit Fees. The actual direct costs paid by Design-Build Entity for Governmental Approvals and Utility
Fees
HH. Permit Fees Reimbursement. A payment made to the Design-Build Entity by the City in addition to the
Contract Sum to compensate Design-Build Entity for the actual direct cost of all Permit Fees.
II. 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.
JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents
assembled for the Work made available to Proposers.
KK. 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.
LL. Site. The physical area designated in the Contract Documents for Design-Build Entity's performance
of the Work.
MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without
limitation, the Request for Proposals Documents, the Design-Build Agreement and Exhibits, the
General Conditions, Supplementary and/or Special Conditions, if any, the “GREENBOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2018 Edition), the
Standard Plans for Public Works Construction (2012 Edition), State of California, Department of
Transportation Standard Plans and Standard Specifications (2018 Edition), and the City of Vernon
Standard Plans.
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NN. 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.
OO. 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.
PP. Unilateral Change Order. See “Work Directive.”
QQ. 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.
RR. Warranty. Assurance to City by engineer, 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.
SS. Work. The term "Work" means the construction and other services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Design-Build Entity
to fulfill the Design-Build Entity's obligations. The Work may constitute the whole or a part of the
Project.
TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Design-
Build Entity 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 Design-Build Entity 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 Design-Build Entity's agent on the Work
shall be considered as having been given to the Design-Build Entity.
1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND
UTILITIES
A. Except as otherwise provided in the Request for Proposals, the Design-Build Entity shall apply for,
obtain, and pay for all 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 Request for Proposals contains a
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list of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior
to the Date of Commencement; Design-Build Entity is responsible for obtaining all Governmental
Approvals and Utility Fees not listed in the Request for Proposals.
B. The City will reimburse Design-Build Entity monthly for the documented actual direct cost paid to
governmental agencies or utilities for all Permit Fees according to the payment provisions of the
Contract Documents after submission to the City of the Design-Build Entity’s and/or Subcontractors’
original receipts from the governmental entities or utilities (“Permit Fee Reimbursement”). Design-Build
Entity 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.
C. All documents evidencing Design-Build Entity’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.
E. Unless otherwise specified in the Contract Documents, Design-Build Entity shall be responsible for
payments of all Utility Fees from the Date of Commencement until City’s Final Acceptance of the Work.
1.04 LICENSES
The Design-Build Entity shall apply for, obtain, and pay for all licenses required by governing authorities for the
Work. Design-Build Entity shall apply and pay for a City of Vernon business license.
1.05 ALLOWANCES
A. Design-Build Entity 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 Design-Build Entity 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. Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity and each subcontractor associated with the
performance of such Work. Design-Build Entity 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 Design-Build Entity
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.
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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
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. The delay or failure of either party at any time
to require performance or compliance by the other of any of its obligations or agreements shall in no way be
deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought.
1.07 DATA TO BE FURNISHED BY THE DESIGN-BUILD ENTITY
The Design-Build Entity 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 Design-Build Entity’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 Design-Build Entity 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 Design-Build Entity 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.
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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
Design-Build Entity 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 Design-Build Entity, a maximum of six (6) sets of Contract
Drawings and Specifications. The Design-Build Entity shall pay for the costs of any additional sets or
portions thereof. The Design-Build Entity 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 Design-Build Entity shall prevail. The Design-Build Entity 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 Design-Build Entity, the controlling provision shall be that which is found in the
document with higher 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. Proposal 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
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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
1.11 NOTICE OF CONFLICTS
If the Design-Build Entity, 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
Design-Build Entity 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 Design-Build Entity 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
Design-Build Entity, any related additional work performed by the Design-Build Entity shall be done at the
Design-Build Entity's risk unless authorized by the Director.
1.12 REPORTS
A. Daily Construction Reports: The Design-Build Entity 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.
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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, Design-Build
Entity 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 Design-Build Entity’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 Design-Build Entity. The Design-Build Entity 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 Design-Build Entity or his/her
employees, they must be reset to the satisfaction of the Director, at the Design-Build Entity's expense.
B. The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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
Design-Build Entity 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 DESIGN-BUILD ENTITY’S OPERATIONS/STORAGE YARD
In the event the Design-Build Entity’s 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 Design-Build Entity’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]
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ARTICLE 2 - PERFORMANCE OF THE WORK
2.01 PERFORMANCE OF WORK – GENERAL
Design-Build Entity shall, at its own cost and expense, employ all personnel required to perform the Work
and shall 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.
Design-Build Entity agrees to work closely with City staff in the performance of Work and shall be available
to City’s staff, consultants, and other staff at all reasonable times.
2.02 NO ASSIGNMENT OR DELEGATION
Design-Build Entity 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. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach
by the Contractor of its obligations under this Contract. No assignment shall release the original parties from
their obligations or otherwise constitute a novation.
2.03 STANDARD OF PERFORMANCE
Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity at Design-Build Entity’s expense.
The Design-Build Entity 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 Director. The Design-Build
Entity 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 Director prior to
providing services to the project. The Director 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 Director on a daily basis.
2.04 DEFECTIVE WORK
Within the time periods that the City specifies, the Design-Build Entity shall correct all deficient, improperly
executed, or unsatisfactory Work determined by the City.
The Design-Build Entity 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 Design-Build Entity, 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.)
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2.05 CITY’S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the City, if the Design-Build Entity 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 City, at its sole discretion and without obligation, may, with its own or outside forces, perform the
Work Design-Build Entity 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 Design-Build Entity 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 Design-
Build Entity are not sufficient to cover such amounts, the Design-Build Entity 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 Design-Build Entity. 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 Design-Build Entity shall be sent to the following address:
Attention:
Phone:
Facsimile:
All communications shall be copied to City and shall be delivered to City’s Director at the address
set forth below, with copies to such additional persons as may be directed by City’s Director.
City of Vernon
Public Works Department
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Wall
Phone: 323-583-8811, Ext. 305
Facsimile: 323-826-1435
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E-mail: dwall@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,
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 Design-Build Entity's Project Manager and technical
representatives designated by City. Design-Build Entity's representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Design-Build Entity in
matters concerning the Work.
C. Design-Build Entity shall copy City on all written correspondence pertaining to the Contract between
Design-Build Entity and any Person other than Design-Build Entity's Subcontractors, consultants and
attorneys.
D. Notification of Affected Residents/Businesses – The Design-Build Entity 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 Design-
Build Entity’s distribution to all residents, business establishments, and institutions fronting on or
directly affected by the project.
The Design-Build Entity 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 Director and shall be five (5) working days prior to the beginning of
construction operations in the immediate vicinity. In addition to the above, the Design-Build Entity
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 Design-Build Entity 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 Design-Build Entity 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.
Design-Build Entity’s 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 Design-Build Entity shall contact the Underground Service Alert of
Southern California (U.S.A.) at least two working days in advance of the construction work
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2.07 INDEPENDENT CONTRACTOR
The Design-Build Entity 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:
In case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Design-Build Entity 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 Design-Build Entity, 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 Design-Build Entity 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 Design-Build Entity, 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 Design-Build Entity 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 Design-Build
Entity, the cost of the corrective measures will be billed to the Design-Build Entity and deducted from
his/her payment as provided in the Contract Documents. The performance of emergency Work by City
forces will not relieve the Design-Build Entity 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 Design-
Build Entity, 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 Design-Build Entity 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 Design-Build Entity is for the acts and omissions of persons directly employed by him/her.
D. The Design-Build Entity shall be responsible for the coordination of the designers, trades,
Subcontractors, and material suppliers engaged upon the Work. It shall be the Design-Build Entity’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.
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E. The City will not undertake to settle differences between the Design-Build Entity and his/her
Subcontractors or between subcontractors.
F. The Design-Build Entity 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
condition suitable for use by the City, the City may, after written notice and designation from the
Director to the Design-Build Entity, 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 Design-Build Entity 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 Design-Build Entity, or any other cause, shall be made at the expense of the Design-Build Entity.
D. The use of any portion(s) by the City shall not relieve the Design-Build Entity 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
Design-Build Entity 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 Design-Build Entity’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 Design-Build Entity at all times. Should any facility, structure, or property
be damaged during operations of the Design-Build Entity, he/she shall immediately notify the property owners
or authorities. All damages and losses incurred shall be paid by the Design-Build Entity.
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2.14 DESIGN-BUILD ENTITY'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 Design-Build Entity 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 Design-Build Entity shall bear the risk for any City equipment, material, or supplies with
which he/she has been entrusted.
B. Materials and Facilities
The Design-Build Entity 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 Design-Build Entity:
1. The Design-Build Entity 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 Design-Build Entity shall protect City facilities from damage resulting from his/her Work.
City facilities damaged by, or as a result of, the Design-Build Entity's Work under this
Contract shall be repaired or replaced, as directed by the Director, at the Design-Build
Entity's expense.
3. The Design-Build Entity 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 Design-Build Entity fails to completely remove such
items within a reasonable time the City may do so at the Design-Build Entity’s expense.
C. Laws and Regulations
1. The Design-Build Entity 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. Design-Build Entity 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 Design-Build Entity 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.
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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 Design-Build Entity, 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 Design-Build Entity 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)
Design-Build Entity will 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 Design-Build Entity’s warranty excludes improper or insufficient maintenance, improper
operation, or normal wear and tear and normal usage. If required by the City, the Design-
Build Entity 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, Design-Build Entity will be bound by the more stringent requirements.
3. Procurement and Assignment of Warranties: Design-Build Entity 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 Design-Build Entity is required to obtain
pursuant to the contract Documents and which Design-Build Entity obtained from any other
person or entity other than Design-Build Entity 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. Design-Build Entity shall secure written warranties from
all Subcontractors. Design-Build Entity 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. Design-Build Entity shall deliver to City all warranty and
guarantee documents and policies.
4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Design-Build Entity’s
completion of the Work or termination of Design-Build Entity’s performance of the Work.
B. Correction of Work
1. Before or After Final Completion. The Design-Build Entity 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 Design-Build Entity’s expense within the Contract
Price.
2. After Final Completion.
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(a) In addition to the Design-Build Entity’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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-
Build Entity 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 Design-Build Entity. If, in the opinion of the City,
defective work creates a dangerous or hazardous condition or requires immediate
correction or attention to 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 Design-Build Entity. Such action by the City
will not relieve the Design-Build Entity of the warranties provided in this Article or
elsewhere in the Contract Documents.
3. Replacement or Removal of Defective or Unauthorized Work. The Design-Build Entity 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
Design-Build Entity.
4. Destruction or Damage. In the event the Design-Build Entity 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 Design-Build
Entity 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 Design-Build Entity 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 Design-Build
Entity to correct the Work, and has no relationship to the limitations periods established by
statute for any construction defect or other causes of action.
C. Responsibility for Errors
Design-Build Entity shall be responsible for its work and results under this Agreement. Design-Build
Entity, when requested, shall furnish clarification and/or explanation as may be required by the City,
regarding any services rendered under this Agreement at no additional cost to City. In the event that
an error or omission attributable to Design-Build Entity occurs, then Design-Build Entity shall, at no
cost to City, provide all necessary design drawings, estimates and other Design-Build Entity
professional services necessary to rectify and correct the matter to the sole satisfaction of City and
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to participate in any meeting required with regard to the correction.
2.16 CLEANING AND ENVIRONMENTAL CONTROLS BOOKMARK
The Design-Build Entity, Subcontractors and employees shall comply with all litter and pollution laws and it shall
be the responsibility of the Design-Build Entity to ensure compliance. The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity’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 Design-Build Entity 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.
2.17 WATER POLLUTION CONTROL
A. The Design-Build Entity 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. Design-Build Entity 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,
Design-Build Entity 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
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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
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
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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
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.
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;
Erosion Control
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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 Design-Build Entity may self-certify that the following training was completed on an annual basis
providing they certify they have received all applicable training:
The Design-Build Entity 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 Design-Build Entity shall train all of their employees (whether or not they normally
apply pesticides or fertilizers as part of their work). Training programs shall address:
1) The potential for pesticide-related surface water toxicity
2) Proper use, handling, and disposal of pesticides
3) Least toxic methods of pest prevention and control, including 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. Design-Build Entity shall bear the costs of any delays to
the Project caused by a delay in obtaining its WDID.
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
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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 Design-Build Entity shall submit one (1)
copy 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 Design-Build Entity 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 Design-Build Entity and approve the SWPPP.
The Design-Build Entity 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
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 Design-Build Entity 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
E. Implementation
The Design-Build Entity 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 Design-Build Entity may be required to implement additional
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BMPs as a result of changes in actual field conditions, contractor’s activities, or construction
operations.
The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity fails to conform to the requirements of this Paragraph 2.17. Unless otherwise
directed by the City, the Design-Build Entity responsibility for SWPPP implementation shall continue
throughout any temporary suspension of the Work.
F. Sewage Spill Prevention. The Design-Build Entity’s attention is directed to the sewer bypass
operation required during any sewer construction pursuant to the 2018 edition of the “Greenbook”
Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is
subsequently amended.
The Design-Build Entity 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 Design-Build Entity shall make
arrangements for an emergency response unit comprised of emergency response equipment and
trained personnel to be immediately dispatched to the project site.
The Design-Build Entity shall be fully responsible for preventing and containing sewage spills as well
as recovering and properly disposing of raw sewage. In addition, the Design-Build Entity 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 Design-Build Entity
’s expense. The Design-Build Entity 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 Design-Build Entity shall immediately report the incident to both of
these two City Departments:
Sewer Maintenance Services ..................................................... _________________
Fire Department Dispatch Center ................................................................................. 911
The Design-Build Entity 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 Design-Build Entity shall immediately call:
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______________________________ ............................................ _______________
H. Sewage Spill Written Notification
The Design-Build Entity 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 Design-Build Entity shall indemnify, defend and hold City, its officers, agents
and employees harmless from Design-Build Entity’s failure to comply and/or fulfill the requirements
set forth in this Paragraph 2.17. Design-Build Entity shall be responsible for all costs and liabilities
imposed by law as result of Design-Build Entity’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 Design-Build Entity .
In addition to any remedy authorized by law, any money due to the Design-Build Entity under this
contract shall be retained by the City until all costs and liabilities imposed by law against the City or
Design-Build Entity have been satisfied.
J. Maintenance
The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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.
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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 Design-Build Entity 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.
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 Design-Build Entity 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.
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[END OF ARTICLE]
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ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION
3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
A. Notice to Proceed
The Design-Build Entity 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 Design-Build Entity is herein referred to as the Notice to Proceed. The Design-Build
Entity 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 Design-Build Entity 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 five hundred forty (540) calendar days following the Date of
Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract,
Design-Build Entity 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. Design-Build Entity Request for Inspection and Punch List
When the Design-Build Entity considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Design-Build Entity 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 Design-
Build Entity to complete all Work in accordance with the Contract Documents.
B. City Inspection
Upon receipt of the Design-Build Entity '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 Design-Build Entity '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 Design-Build Entity shall, before City's issuance
of the Certificate of Substantial Completion, complete or correct such item upon notification by City.
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The Design-Build Entity 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 Design-Build Entity for security, maintenance, utilities,
damage to the Work, and insurance, and shall fix the time within which the Design-Build Entity shall
finish all items on the Design-Build Entity’s punch list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of the
Work. Design-Build Entity shall deliver to City all warranty and guarantee documents and policies.
3.04 DELAYS AND EXTENSIONS OF TIME FOR DESIGN-BUILD ENTITY
A. The Design-Build Entity shall take reasonable precautions to foresee and prevent delays to the Work.
In the event of any delay to the Work, the Design-Build Entity 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 Design-Build Entity's control, it is not
excusable and not compensable, and the Design-Build Entity 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
Design-Build Entity except for causes of delay specified in Paragraph 3.04-D., such delay may be
excusable and may entitle the Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-
Build Entity 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 Design-Build Entity due to the delay;
3. the number of days of extension sought by Design-Build Entity as an adjustment to the Contract
time;
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4. a statement that Design-Build Entity has complied with the requirements of the General Conditions
for written notice of delays, along with the dates and copies of such notices;
5. the measures taken by Design-Build Entity and Subcontractors to prevent or minimize the delay;
and
6. the Design-Build Entity’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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity to an extension of time but not to any other
compensation.
B. If the Design-Build Entity 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 Design-Build
Entity 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 Design-Build
Entity to an extension of time shall be made and agreed to in writing by the Director and the Design-
Build Entity on each day that Work is suspended. In the event of failure to agree, the Design-Build
Entity 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 Design-Build
Entity 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 Design-Build Entity'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.
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3.06 COMPLETION AND ACCEPTANCE
A. Upon request by the Design-Build Entity, 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 Design-Build Entity. Upon the issuance of the Notice of
Completion the Design-Build Entity 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. Design-Build Entity and City agree to liquidate damages in the amount of _________ dollars ($_____)
per day, with respect to Design-Build Entity’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 Design-Build Entity acknowledges
and agrees that the liquidated damages are intended to compensate City solely for the Design-Build
Entity’s failure to meet the deadline for Substantial Completion and shall not excuse Design-Build Entity
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 Design-Build Entity fails to achieve Substantial Completion of the Work within the
Contract Time, Design-Build Entity agrees to pay City the amount specified in the Contract form for
each calendar day that Substantial Completion is delayed.
C. Design-Build Entity 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. Design-Build Entity 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 Design-Build Entity 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. Design-Build Entity shall pay the difference to City.
[END OF ARTICLE]
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ARTICLE 4 - PROJECT SCHEDULES
4.01 BASELINE PROJECT SCHEDULE
The Design-Build Entity shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy
format, to the Director at the kick-off meeting showing in detail how the Design-Build Entity plans to execute and
coordinate the Work. The project 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
Design-Build Entity will be permitted to begin work. In addition, the Design-Build Entity 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 project period. The Design-Build Entity shall give 48 hours
notice to the Director 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 Design-Build Entity, agreed to by the City and formalized by Change Order.
3. Design-Build Entity 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, Design-Build Entity 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 Design-Build Entity 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, Design-Build Entity shall
monitor, account for, and maintain float in accordance with Critical Path Methodology.
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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 Design-Build Entity, 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 ten (10) 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 ten (10) 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 Design-Build Entity shall be subject to all the
conditions of claim for an extension of time. The Design-Build Entity shall notify the City in writing within
ten (10) days of the commencement of each rain event.
D. Early Completion
While the Design-Build Entity may schedule completion of the Project earlier than the date established
by the Contract Documents, no additional compensation shall become due the Design-Build Entity for
the use of float time between the Design-Build Entity’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 Design-Build Entity, agreed to by the City, and formalized by Change Order.
4.02 SCHEDULE UPDATES
A. With each Application for Payment submitted by Design-Build Entity (other than the final Application for
Payment), the Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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
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indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Design-Build Entity 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
Design-Build Entity to take corrective measures to expedite the progress of design and/or 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. Design-Build Entity 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 Design-Build Entity’s performance of the Work will comply with the Contract Time or interim
completion dates set forth in the Contract Documents. If Design-Build Entity 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
Design-Build Entity which shall reduce the Contract Sum accordingly.
4.04 CONDITION OF PAYMENT
Compliance by Design-Build Entity 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 Design-Build Entity of any or all sums that might otherwise be due to Design-Build Entity 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]
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ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT
5.01 TERMINATION BY THE DESIGN-BUILD ENTITY
A. Design-Build Entity 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
Design-Build Entity, 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
Design-Build Entity, 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 Design-Build Entity has given City written notice within ten (10) days of the occurrence of such
ground for termination, then the Design-Build Entity 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 Design-Build
Entity, 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 Design-Build
Entity, 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 Design-Build Entity stating the nature of such default.
B. If Design-Build Entity terminates its performance of the Contract in accordance with this Paragraph
5.01, the City shall pay Design-Build Entity 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 Design-Build Entity’s performance of the Contract, in whole
or in part, without liability to City if:
1. Design-Build Entity fails promptly to begin the Work under the Contract Documents; or
2. Design-Build Entity refuses or fails to supply enough properly skilled workers or proper materials;
or
3. Design-Build Entity 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. Design-Build Entity 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
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5. Design-Build Entity 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 Design-Build Entity in the Contract Documents or any
certificate, schedule, instrument, or other document delivered by Design-Build Entity pursuant to
the Contract Documents shall have been false or materially misleading when made; or
7. Design-Build Entity 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. Design-Build Entity disregards laws, ordinances, or rules, regulations, or orders of a public
authority having jurisdiction; or
9. Design-Build Entity is guilty of breach of a provision of the Contract Documents; or
10. Design-Build Entity becomes insolvent, is adjudicated bankrupt, or makes a general assignment
for the benefit of creditors and fails to provide City with adequate assurances of Design-Build
Entity’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 Design-Build Entity five (5)
calendar days written notice, terminate Design-Build Entity’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 Design-Build Entity;
2. Withhold from Design-Build Entity amounts unpaid hereunder and to offset such amounts against
damages or losses incurred by City;
3. Accept assignment of subcontracts from Design-Build Entity, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Design-Build Entity, the City shall furnish to the Design-Build Entity 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 Design-Build Entity ’s default exceed the unpaid
Contract balance, the Design-Build Entity shall pay the difference to the City.
D. Wrongful Termination
If it has been adjudicated or otherwise determined that City has wrongfully terminated the Design-Build
Entity for cause, then said termination shall be deemed converted to a termination for convenience as
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set forth in Paragraph 5.04 and Design-Build Entity’s remedy for wrongful termination in such event
shall be limited 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. Design-Build Entity 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
Design-Build Entity’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 Design-Build Entity 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 Design-
Build Entity 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 Design-
Build Entity 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 Design-
Build Entity or its Subcontractors.
E. Suspension for Convenience.
1. The City may at any time and from time to time, without cause, order the Design-Build Entity, 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, Design-Build Entity 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 Design-
Build Entity 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, Design-Build Entity 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 Design-Build Entity 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
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for Design-Build Entity’s failure to:
1. Correct conditions unsafe for the Project personnel or general public, or
2. Carry out the Contract; or
3. Carry out orders of City.
G. Responsibilities of Design-Build Entity During Suspension Periods
During periods that Work is suspended, Design-Build Entity 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 Design-Build Entity
hereunder, City may terminate Design-Build Entity’s performance of the Contract, in whole or in part,
at any time, for convenience upon fifteen (15) calendar days written notice to Design-Build Entity.
B. Design-Build Entity Actions
Upon receipt of such notice, Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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.
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2. Such payment shall be Design-Build Entity’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 Design-Build Entity and City shall have no further
obligations to each other except for Design-Build Entity’s obligations with respect to warranties,
representations, indemnity, 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. Design-Build Entity agrees that each of its subcontracts will reserve for the Design-Build Entity the
same right of termination for convenience provided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall Design-Build Entity 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 Design-Build Entity determined in accordance with this Article constitutes Design-Build
Entity’s exclusive remedy for a termination hereunder.
5.05 DESIGN-BUILD ENTITY’S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE
If the City terminates Design-Build Entity’s performance of Work under the Contract, for cause or convenience
or if Design-Build Entity terminates a Subcontractor with the City’s approval, Design-Build Entity 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
Design-Build Entity 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 Design-Build Entity, if any, until Design-Build Entity complies with the
requirements of this Paragraph.
[END OF ARTICLE]
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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 Design-Build Entity 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 Design-
Build Entity 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
Design-Build Entity shall submit written notice of any change in scope to the Director if, in the Design-Build
Entity’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or
other situation occurs that the Design-Build Entity believes constitutes a scope change or other matter
resulting in Extra Work, for which Design-Build Entity 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 Design-Build Entity to adjustment of the Contract Sum or Contract Time. Failure
to provide such timely written notice described herein shall constitute a waiver by Design-Build Entity 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
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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, Design-
Build Entity 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 Design-Build Entity 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 Design-Build Entity shall promptly proceed
with the change in the Work involved and advise the City of the Design-Build Entity’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 Design-Build Entity believes a Construction Change Directive constitutes a basis for adjustment to
the Contract Sum or Contract Time, then Design-Build Entity 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. Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity indicates the Design-Build
Entity’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 Design-Build Entity 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:
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1. Lump Sum. By mutual acceptance of a lump sum proposal from Design-Build Entity 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 Design-Build Entity’s original Bid and incorporated in
the Contract Documents or fixed by subsequent agreement between City and Design-Build
Entity. Unless otherwise stated in the Request for Proposals Documents, unit prices stated in
the Contract Documents or agreed upon by the County and Design-Build Entity 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 Design-Build Entity’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 Design-Build Entity’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. Design-Build Entity Maintenance of Daily Records for Changes
1. In the event that Design-Build Entity is directed to perform any Extra Work, or should Design-
Build Entity encounter conditions which the Design-Build Entity believes would obligate the City
to adjust the Contract Sum and/or the Contract Time, Design-Build Entity 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, Design-Build
Entity 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.
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2. In the event that more than one change to the Work is performed by the Design-Build Entity in
a calendar day, Design-Build Entity shall maintain separate records of labor, construction
equipment, materials, and 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, Design-Build Entity
shall require that each such Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Design-Build Entity; such signature
shall be deemed Design-Build Entity’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 Design-Build Entity
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. Design-Build Entity’s obligation
to maintain back-up records hereunder is in addition to, and not in lieu of, any other Design-
Build Entity obligation under the Contract Documents with respect to changes to the Work.
5. Waiver by Design-Build Entity. 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 Design-Build Entity to secure any required authentication shall, if the
City elects in its sole discretion to treat it as such, constitute a waiver by the Design-Build Entity
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 Design-
Build Entity 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 Design-Build Entity 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 Design-Build Entity establishes
the necessity for such additional costs.
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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
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 Design-Build Entity 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 Design-Build Entity
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 Design-Build Entity 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
Design-Build Entity 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 Design-Build Entity 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.
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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 Design-Build Entity’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. Extra Work by Design-Build Entity (Markup): The following percentages shall be added to the
Design-Build Entity’s costs and shall constitute the markup for all overhead and profits:
Labor 33%
Materials 15%
Equipment Rental 15%
Other Items and Expenditures 15%
2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Design-Build Entity in 6.06.E.1 shall apply to the
Subcontractor’s actual costs. A markup of 5% on the subcontracted portion of each extra work
may be added for the Design-Build Entity.
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
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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 Design-Build Entity describing a
proposed change to the Work and requesting the Design-Build Entity submit an itemized change order
proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Design-
Build Entity'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
Design-Build Entity's proposed methods to minimize costs, delay, and disruption to the performance of the
Work. If Design-Build Entity 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 Design-Build Entity without
additional compensation to Design-Build Entity. City's request for itemized change order proposal request
does not authorize the Design-Build Entity 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 DESIGN-BUILD ENTITY ORIGINATED CHANGE ORDER REQUEST (COR)
If the Design-Build Entity 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 Design-Build Entity otherwise becomes
aware of the need for or desirability of a change in the Work, Design-Build Entity 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 Project 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 Design-Build Entity. A Critical Path Method
schedule Fragnet is required to support and justify any additional time of performance requested by the
Design-Build Entity. The City will not review any COR which is incomplete. The Design-Build Entity 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. Design-Build Entity'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 Design-Build Entity believes
that it does have merit, the Design-Build Entity shall proceed with the disputed Work and may submit a Claim
in accordance with the procedures set forth herein.
6.09 CITY-ORIGINATED UNILATERLA 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; Design-Build Entity shall continue performance of disputed Work pending resolution
and shall maintain and submit to City all accounting and cost data necessary to substantiate Design-Build
Entity’s cost of such disputed Work.
[END OF ARTICLE]
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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 Project 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 Project Progress Schedule.
7.02 SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upon City’s request, the three (3) highest-rated Proposers shall complete and submit a Preliminary
Schedule of Values, within seven (7) calendar days.
In addition, Design-Build Entity shall complete and furnish within seven (7) calendar days after
receiving the Notice of Award of the Design-Build Agreement 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, Design-Build Entity
shall revise the Schedule of Values to allocate sums for Design-Build Entity 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 Design-Build Entity 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 Design-Build
Entity'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
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manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred
by Design-Build Entity, 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, Design-Build Entity shall submit to Director a copy of the proposed Schedule of Values,
marked to show the percentage of completion certified by Design-Build Entity 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 Design-Build Entity proposed by Director.
B. Monthly Review
For the purpose of expediting the progress payment procedure, Design-Build Entity shall meet with
the Director on or before the twentieth (20th) day of each month to review the Design-Build Entity'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, Design-Build
Entity agrees to use its best efforts to resolve the disputed items with the Director before submitting
its Application for Payment. If the Director and Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity'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 Design-Build Entity 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 Design-Build Entity's knowledge, information and belief, the Work is in accordance
with the Contract Documents;
3. Design-Build Entity is entitled to payment in the amount certified; and
4. all sums previously applied for by Design-Build Entity 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 Design-Build Entity.
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 Design-
Build Entity or stored off-Site under the control of City. Such payments shall only be considered upon
submission by Design-Build Entity 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,
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protected and insured, and 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
Design-Build Entity 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 Design-Build Entity'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 Design-Build Entity, 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 Design-Build Entity, its Subcontractors of every tier and all
material suppliers to each;
4. compliance by Design-Build Entity with its obligation for maintenance of As-Builts as required
by the Contract Documents;
5. compliance by Design-Build Entity with its obligation for submission of monthly and daily reports
as required by the Contract Documents;
6. compliance by Design-Build Entity with its obligations for submission of scheduling information
and updating of the Project 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity's right to receive payment for Work performed.
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B. Payments by City
Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of
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 Design-Build Entity as soon as practicable, but not later than seven (7) Days, after
receipt by City accompanied by a 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 Design-Build
Entity.
D. Interest
If City fails to make a progress payment to Design-Build Entity as required by Paragraph 7.04-B,
above, City shall pay interest to Design-Build Entity 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
ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Design-Build Entity 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.
B. Conditions to Final Payment
Design-Build Entity 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:
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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. Design-Build Entity’s certification as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil
Code Section 8136 executed by Design-Build Entity, 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 Design-Build Entity, 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity, the Final Payment, including Retention, shall be released to
Design-Build Entity, 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 Design-Build Entity's failing to fully perform all of those obligations that are required to be fulfilled
by Design-Build Entity 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
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Contract Sum pursuant to the Contract Documents.
E. Acceptance of Final Payment
Acceptance of Final Payment by Design-Build Entity shall constitute a waiver of all rights by Design-
Build Entity against City for recovery of any loss, excepting only those Claims that have been
submitted by Design-Build Entity in the manner required by the Contract Documents prior to or at the
time of the Final Payment.
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 Design-Build Entity 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 Design-Build Entity shall not operate in any way to relieve Design-Build Entity from its
obligations under the Contract Documents. Design-Build Entity 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 Design-Build Agreement 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. Design-Build Entity Payment Warranty
Submission of an Application for Payment shall constitute a representation and warranty by Design-
Build Entity 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 Design-Build Entity, 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 Design-Build Entity or any other
person.
E. Corrections
No inaccuracy or error in any Application for Payment provided by Design-Build Entity shall operate
to release Design-Build Entity from the error, or from losses arising from the Work, or from any
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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 DESIGN-BUILD ENTITY
Design-Build Entity 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,
Design-Build Entity shall pay the Subcontractor performing Work on the Project, out of the amount paid to
Design-Build Entity 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 Design-Build Entity and applicable
laws, including, without limitation, California Public Contract Code Section 7107. Design-Build Entity 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 Design-Build Entity's Application for Payment. Design-Build Entity 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 Design-Build
Entity 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 Design-Build Entity of
any third party claims related to this Contract;
2. Defective Work. Defective Work not remedied;
3. Nonpayment. Failure of Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity’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 Design-Build
Entity failing to meet the Project 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;
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9. Consultant Services. Additional professional, consultant or inspection services required due to
Design-Build Entity’s failure to comply with the Contract Documents;
10. Liquidated Damages. Liquidated damages assessed against Design-Build Entity;
11. Materials. Materials ordered by City pursuant to the Contract Documents;
12. Damages. Loss caused by Design-Build Entity or Subcontractor to City, Separate Design-Build
Entitys or any other person or entity under contract to City;
13. Clean Up. Clean up performed by City and chargeable to Design-Build Entity pursuant to the
Contract Documents;
14. Employee Benefits. Failure of Design-Build Entity 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 Design-Build Entity to submit on a timely basis, proper and
sufficient documentation required by the Contract Documents, including, without limitation,
Project 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. Design-
Build Entity agrees and hereby designates City as its agent for such purposes, and agrees that such
payments shall be considered as payments made under Design-Build Agreement by City to Design-
Build Entity. City shall not be liable to Design-Build Entity for such payments made in good faith.
City shall submit to Design-Build Entity an accounting of such funds disbursed on behalf of Design-
Build Entity. 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, Design-Build Entity
shall maintain continuous and uninterrupted performance of the Work during the pendency of any
disputes or disagreements with City.
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7.09 SUBSTITUTION OF SECURITIES
A. Public Contract Code
Pursuant to the requirements of California Public Contract Code Section 22300, upon Design-Build
Entity’s request, City will make payment to Design-Build Entity of any funds withheld from payments to
ensure performance under the Contract Documents if Design-Build Entity 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 Design-Build Entity and the City, upon the
following conditions:
1. Design-Build Entity 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 Design-Build Entity.
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 Design-Build Entity pursuant to the Contract
Documents.
4. If Design-Build Entity chooses to deposit securities in lieu of monies withheld with an Escrow
Agent, Design-Build Entity, 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 Design-Build Entity only upon satisfactory Final
Completion of the Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Design-Build Entity shall, prior to
or at the time Design-Build Entity 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, Design-Build Entity shall immediately and at Design-Build Entity’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 Design-
Build Entity, City shall make payment of retentions directly to Escrow Agent at the expense of Design-
Build Entity, provided that Design-Build Entity, 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,
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above. At the expense of Design-Build Entity and at no cost to City, Design-Build Entity may direct
the investment of the payments into securities and interest bearing accounts, and Design-Build Entity
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 Design-Build Entity. Upon
satisfactory Final Completion of the Work, Design-Build Entity 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 Design-Build Entity to request the Substitution of eligible securities for monies to
be withheld by City within ten (10) days of the award of Contract to Design-Build Entity shall be deemed
to be a waiver of all such rights.
7.10 CLAIMS
A. Arising of Claim.
1. Scope Change. When Design-Build Entity 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 Design-Build
Entity’s Change Order Request.
2. Other Claims. In the case of a Claim by Design-Build Entity 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, Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity'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 Design-Build Entity shall be deemed to arise on the
date that such written notice is received by City.
B. Content of Claim
A Claim by Design-Build Entity 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
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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 Design-Build Entity has complied with the requirements of the Contract
Documents and written substantiation (including, without limitation, a Time Impact Analysis)
demonstrating that Design-Build Entity is entitled to an extension of time under the Contract
Documents; and
6. A written certification signed by a managing officer of Design-Build Entity's organization, who
has the authority to sign contracts and purchase orders on behalf of Design-Build Entity and
who has personally investigated and confirmed the truth and accuracy of the matters set forth
in such certification, in the 'following form:
"I hereby certify under penalty of perjury that I am a managing officer of (Design-Build Entity's
name) and that I have reviewed the Claim presented herewith on Design-Build Entity'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 Design-Build Entity 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 Design-Build Entity 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 Design-Build
Entity 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 Design-Build Entity 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 Design-Build Entity previously
released City from, any portion of the Claim.”
Signature: Date:
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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 Design-Build Entity 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, Design-Build Entity shall not delay, slow
or stop performance of the Work, but shall diligently proceed with performance in accordance
with the 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 Design-Build Entity has strictly
complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions
precedent to Design-Build Entity’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 Design-Build Entity 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 Design-Build Entity in producing the additional
information or documentation, whichever is greater.
3. Meet and Confer. If Design-Build Entity 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, Design-Build Entity
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
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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 Design-Build Entity 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
Design-Build Entity 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 Design-Build Entity 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]
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ARTICLE 8 - MATERIALS AND EQUIPMENT
8.01 GENERAL
A. The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build
Entity 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 Design-Build Entity 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 Design-
Build Entity'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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity. 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 Design-Build Entity, the Specifications number and title, and a reference to the applicable Drawings
and Specifications paragraphs.
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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 Design-Build Entity'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 Design-Build Entity’s 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 Design-Build
Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity, 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 Design-Build Entity shall promptly substitute other inventions, processes, equipment, articles,
materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value,
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and satisfactory in all 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 Design-Build Entity
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 Design-Build Entity 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 Design-Build Entity 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]
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ARTICLE 9 – SUBMITTALS
9.01 GENERAL
A. The Design-Build Entity shall submit samples, drawings, and data for the Director's approval which
demonstrate fully that the design of the closure devices meets the requirements of the Request for
Proposal documents and that construction, and the materials and equipment to be furnished will comply
with the provisions and intent of the Design-Build Entity-provided 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 Design-Build Entity 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.
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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 Design-Build Entity 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 Design-Build Entity 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.
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2. Neatly typewritten index near the front of the manual, furnishing immediate information as to
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 Design-Build Entity 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.
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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 Design-Build Entity 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 Design-Build Entity 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.
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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 Design-Build Entity 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]
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ARTICLE 10 – SAFETY
10.01 PROTECTION OF PERSONS AND PROPERTY
A. Design-Build Entity's Responsibility: Notwithstanding any other provision of the Contract Documents,
the Design-Build Entity 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 Design-Build Entity shall furnish and maintain sanitary facilities by the worksites
for the entire construction period.
C. Protection of the Public. The Design-Build Entity 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 Design-Build Entity has not taken sufficient precaution of public safety, protection of utilities
and/or protection of adjacent structures or property, the Director will order the Design-Build Entity to
provide a remedy for the condition. If the Design-Build Entity 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 Design-Build
Entity. All expenses incurred by the City for emergency repairs will be deducted from the final payment
due to the Design-Build Entity.
10.02 PROTECTION FROM HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin until the Design-Build Entity has
received approval from the Director of the Design-Build Entity'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
Design-Build Entity 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 Design-Build
Entity has received approval from the Director of the Design-Build Entity’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
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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.”
C. Material Safety Data Sheet
Design-Build Entity shall comply with all of the provisions of General Industry Safety Orders of the
California Administrative Code. The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity through the exercise of due diligence in the performance of its
inspection obligations in the Contract Documents, encountered by Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity. If the Design-Build Entity 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 Design-
Build Entity'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 Design-Build Entity 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
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the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.
E. Failure to Comply. Failure by Design-Build Entity 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 Design-Build Entity for an adjustment in the Contract Sum or Contract Time
by reason of such conditions.
F. Final Completion. No claim by the Design-Build Entity for additional compensation for Differing Site
Conditions shall be allowed if asserted after Final Payment.
G. In the event of disagreement between the Design-Build Entity 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 Design-Build Entity's cost of, or time required for, performance of any part
of the Work, the Design-Build Entity 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 Design-Build Entity 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. Design-Build Entity Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing
Site Conditions, Design-Build Entity 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 Design-Build Entity 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. Design-Build Entity 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.
Design-Build Entity 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. Design-Build Entity’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.
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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.
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 Design-Build Entity 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 Design-Build Entity, and deduct the same from the next
progress payment.
10.06 EXECUTION
A. The Design-Build Entity shall provide written notification to the Police Department, Traffic Bureau (323)
__________________, 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 Design-Build Entity shall notify, by telephone, the Police Department, (323) _________________
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 Design-Build Entity 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) __________________ and the Design-Build Entity shall
provide the information required to identify which roadways would have accessibility problems due to
his/her operations. The Design-Build Entity 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 Design-Build Entity 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. Design-Build Entity shall install temporary traffic markings where required to direct the flow of traffic and
shall maintain the traffic markings for the duration of need. Design-Build Entity shall remove the
markings by abrasive blasting when no longer required.
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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 Design-Build Entity's
equipment, whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Design-Build Entity shall provide flaggers to control traffic where required by the approved traffic control
plan.
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 Design-Build
Entity shall construct during construction period. These devices or improvements, as the City deems necessary
or prudent, shall be at the expense of the Design-Build Entity.
[END OF ARTICLE]
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ARTICLE 11 – INDEMNITY
11.01 INDEMNITY
To the maximum extent permitted by law, the Design-Build Entity shall fully indemnify, hold harmless, protect,
and defend the City, its officers, elected officials, 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,
obligation, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional
negligence, 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 Design-Build Entity, 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 Design-Build Entity or City arising out of Design-Build Entity’s Work, for which the Design-
Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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
Design-Build Entity’s obligations under this Article extend to claims occurring after termination of the Design-Build
Entity’s performance of the Contract or Final Payment to Design-Build Entity. The obligations apply regardless of any
actual or alleged negligent act or omission of Indemnitees. Design-Build Entity, 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
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Indemnitee or independent contractors who are directly responsible to Indemnitees. Design-Build Entity’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 City may in its
sole discretion reserve, retain or apply any monies due to the Design-Build Entity under the Contract for the purpose of
resolving such claims; provided, however, that the City may release such funds if the Design-Build Entity 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
Design-Build Entity’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
Design-Build Entity, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they
may be liable, the Design-Build Entity’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 Design-Build Entity or a Subcontractor
under workers’ compensation acts, disability benefits acts, or other employee benefits acts.
[END OF ARTICLE]
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ARTICLE 12 – INSURANCE
12.01 CONDITION TO COMMENCEMENT
Design-Build Entity shall not commence Work under this Contract until Design-Build Entity has obtained all
insurance required hereunder from a company or companies acceptable to City, nor shall the Design-Build
Entity 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 Design-Build Entity prior to the City’s execution of the Contract.
12.02 MINIMUM COVERAGE AND LIMITS
Design-Build Entity 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 Design-Build Entity 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]
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ARTICLE 13 – BONDS
13.01 REQUIRED BONDS
A. Design-Build Entity 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
Design-Build Entity 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.
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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]
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ARTICLE 14 - LABOR PROVISIONS
14.01 WORKING HOURS
A. Construction Work or construction 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. Construction 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 Construction 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 Construction 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 Construction Work at said times, except Construction Work pertaining
to the public safety, the Design-Build Entity 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 Design-Build
Entity will be inspected by the City at the expense of the Design-Build Entity. 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 Design-Build Entity for payment.
B. Equipment, materials, or services provided by the City, in connection with Design-Build Entity-initiated
overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the
Design-Build Entity. The charges will be determined by the City, and submitted to the Design-Build
Entity for payment.
C. There will be no charges to the Design-Build Entity for the inspection of overtime Construction Work
ordered by the Director or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE LABOR CODE
A. Design-Build Entity 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 Construction Work shall be limited and
restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-
calendar week.
2. Construction Work performed by employees of the Design-Build Entity 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 Design-Build Entity 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
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worker employed by him/her in connection with the Construction 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 Design-Build Entity is in violation of this Paragraph 14.03, the
Design-Build Entity shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker
employed in the execution of the Contract by the Design-Build Entity 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. Design-Build Entity shall comply with the general prevailing rates of per diem wages and the
general prevailing rates for holiday and overtime Construction Work in the locality in which the
Construction 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 Construction 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 Design-Build Entity and its
Subcontractors shall pay the highest wage rate.
2. The Design-Build Entity shall post a copy of the general prevailing rate of per diem wages at the
job site.
3. The Design-Build Entity 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 Design-Build Entity 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 Construction Work or craft in which the worker is employed under the
Contract by the Design-Build Entity 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 Design-Build Entity.
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 Design-Build Entity because of
payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in
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regard to the payment of wages in excess of those specified herein shall be adjusted by the
Design-Build Entity at his/her own expense.
B. Payroll Records
1. Pursuant to California Labor Code Section 1776, the Design-Build Entity 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 Construction Work. The payroll records shall be certified and shall be
available for inspection.
2. The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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. Design-Build Entities 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. Design-Build Entity should make a separate
copy of this material for each of his/her Subcontractors.
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C. Payroll Records. The Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity or any Subcontractor willfully fails to comply with the aforesaid
provisions of the Labor Code, such Design-Build Entity 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, Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity
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 Design-Build Entity and its agents, employees, Subcontractors, representatives, and any person under
Design-Build Entity’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]
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ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A. By Design-Build Entity
Design-Build Entity’s right to commence the Claims Dispute Resolution Process shall arise upon the
Director’s written response denying all or part of a Claim. Design-Build Entity shall submit a written
Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of
Design-Build Entity’s Claim. Design-Build Entity’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 Design-Build Entity under the Design-Build Agreement. 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 Design-Build Entity’s obligations relative to time of performance shall
include a detailed, event-by-event description of the impact of each delay on Design-Build Entity’s
time for performance. Adequate supporting data to a Statement of Dispute submitted by Design-Build
Entity involving Design-Build Entity’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 Design-Build Entity. 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 Design-Build Entity 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 Design-Build Entity
that is in turn being asserted by Design-Build Entity against City, then such Subcontractor shall also
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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 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 Design-Build Entity 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
Design-Build Entity that are the basis of a Claim were previously waived by Design-Build Entity due to failure to
comply with the Contract Documents, including, without limitation, Design-Build Entity’s failure to comply with
any time periods for providing notices or for submission or supporting documentation of Claims.
[END OF ARTICLE]
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ARTICLE 16 - ACCOUNTING RECORDS
16.01 MAINTENANCE OF RECORDS
Design-Build Entity 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 Design-
Build Entity or any Subcontractor (“Accounting Records”). Design-Build Entity 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
Design-Build Entity 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 Design-Build Entity, full access to inspect and copy all books and records
relating to the Project that Design-Build Entity is required to maintain pursuant to Paragraph 16.01, above.
16.03 DESIGN-BUILD ENTITY NONCOMPLIANCE, WITHHOLDING
Design-Build Entity's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity.
16.04 SPECIFIC ENFORCEMENT BY CITY
Design-Build Entity agrees that any failure by Design-Build Entity 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 Design-Build Entity 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]
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ARTICLE 17-MISCELLANEOUS PROVISIONS
17.01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Design-Build Entity 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 engineering and
construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing
wage and equal employment opportunities.
Design-Build Entity shall comply with all Federal, State, County, and City laws, ordinances, rules, and
regulations which are, as amended from time to time, incorporated herein and applicable to the
performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of
any law material to performance of this Contract shall entitle the City to terminate the Contract and
otherwise pursue its remedies. Further, if the Design-Build Entity performs any work knowing it to be
contrary to such laws, rules, and regulations Design-Build Entity shall be solely responsible for all
costs arising therefrom.
B. Taxes, Employee Benefits
Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity'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
Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity become aware of conditions not
covered by the Contract Documents which will result in Work being at variance therewith, Design-
Build Entity shall promptly notify Director in writing. If, without such notice to Director, Design-Build
Entity 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 Design-Build Entity shall bear all resulting losses at its own expense, at no cost to City and
without adjustment to the Contract Sum.
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17.02 OWNERSHIP OF DESIGN DOCUMENTS
A. Property of City
All Design Documents (including all reports, drawings, plans, specifications, computer tapes, floppy
disks and printouts, studies, memoranda, computation sheets, and other documents prepared by
Design-Build Entity in furtherance of the work), 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 Design-Build
Entity and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use
and reproduce applicable 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
Design-Build Entity 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 Design-Build Entity
or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of
the Design-Build Agreement; provided, however, that Design-Build Entity and each Subcontractor
shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent
records
D. Subcontractors
Design-Build Entity 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. Any oral representations or modifications concerning this Contract shall be
of no force or effect.
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
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Design-Build Entity 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 Design-Build Entity be construed as creating
any relationship whatsoever between City and Design-Build Entity's employees. Neither Design-Build Entity
nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the
Contract Documents, Design-Build Entity 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 Design-Build Entity or any Subcontractor hires to perform or
assist in performing the Work.
It is understood that in the performance of the services herein provided for, Design-Build Entity shall be, and
is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such
services in its own manner and method except as required by this Contract, or any applicable statute, rule,
or regulation. City assumes no liability for Design-Build Entity’s actions and performance, nor assumes
responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Design-Build
Entity. Design-Build Entity shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its employees, subcontractors and independent
contractors, including compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever.
Design-Build Entity acknowledges that Design-Build Entity and any subcontractors, agents or employees
employed by Design-Build Entity shall not, under any circumstances, be considered employees of the City,
and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but
not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
Except as the City may authorize in writing, Design-Build Entity 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.
17.06 SUCCESSORS AND ASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Design-Build Entity and
their permitted successors, assigns, and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documents, including
rights with respect to the Payment and 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 Design-Build Entity.
B. Design-Build Entity may collaterally assign its rights to receive payment under the Contract
Documents. Design-Build Entity may not delegate any of its duties hereunder, except to
Subcontractors as expressly otherwise permitted in the Contract Documents. Design-Build Entity's
assignment or delegation of any of its Work under the Contract Documents shall be ineffective to
relieve Design-Build Entity 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 Design-Build Entity be in default.
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C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Design-Build Entity 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 Design-Build Entity may assign,
convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Design-Build
Entity without the prior written consent of City, in City’s sole discretion.
17.07 SURVIVAL
Design-Build Entity’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 Design-Build Entity.
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.
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 Design-Build Entity 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 Design-
Build Entity and its Sureties such damages as City may sustain by reason of Design-Build Entity’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 Design-Build Entity or City brings a lawsuit to enforce or interpret one or more provisions of the Contract
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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. Design-Build Entity 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
Design-Build Entity 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 Design-Build Entity
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.
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.
17.17 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party
shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other
relief to which such party may be entitled.
17.18 CONSTRUCTION
In the event an ambiguity or question of intent or interpretation arises with respect to this Contract, this
Contract shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There
shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Contract.
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[END OF ARTICLE]
Page 94 of 209
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 Design-Build Entity)
________________________________________________________________________________ (“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
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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
Director of Public Works City Attorney
CORPORATE SEAL CORPORATE SEAL
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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
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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.
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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
Director of Public Works City Attorney
CORPORATE SEAL CORPORATE SEAL
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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
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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 Design-Build Entity)
________________________________________________________________________________
(“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.
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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 Director of Public Works City Attorney
CORPORATE SEAL CORPORATE SEAL
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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
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EXHIBIT 4
{CONFIRM INSURANCE LIMITS WITH FINANCE PRIOR TO ADVERTISING, TYPICAL LIMITS BELOW COULD
CHANGE FOR SPECIFIC PROJECTS}
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Design-Build Entity 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;
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(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 Design-Build Entity’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 Design-Build Entity 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. Design-Build Entity’s Pollution Liability Insurance (CPL) REQUIRED / NOT REQUIRED FOR THIS
PROJECT (OPTIONAL AT DISCRETION OF CITY – CHECK WITH FINANCE – LEAVE IN ALL
SPECS & NOTE IF REQUIRED)
1. Design-Build Entity or Subcontractor shall obtain, pay for, and maintain for the duration of
the Contract Design-Build Entity’s Pollution Liability insurance that provides coverage for
liability caused by pollution conditions arising out of the operations of the Design-Build
Entity. 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.
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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.
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 REQUIRED / NOT REQUIRED FOR THIS PROJECT (OPTIONAL AT
DISCRETION OF CITY – CHECK WITH FINANCE – LEAVE IN ALL SPECS & NOTE IF REQUIRED)
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. Proposer should not include cost for this coverage in his/her bid.
F. Professional Errors and Omissions Insurance CHECK WITH FINANCE – LEAVE IN ALL SPECS &
NOTE IF REQUIRED)
1. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such
risk is applicable. Applicable aggregates must be identified and claims history provided to
determine amounts remaining under the aggregate. Design-Build Entity shall maintain
such coverage for at least one (1) year after the termination of this Agreement.
2.0 GENERAL REQUIREMENTS—ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Design-Build Entity’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, Design-Build Entity 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.
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E. Design-Build Entity’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 Design-Build Entity’s
insurance. City’s insurance, or self-insurance, or both, will not contribute with Design-Build Entity’s insurance policy.
F. Waiver of Subrogation. Design-Build Entity and Design-Build Entity’s insurance company waive—
and shall not exercise— any right of recovery or subrogation that Design-Build Entity or the insurer may have against
City, or its representatives, or both.
G. Separation of Insureds. Design-Build Entity’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. Design-Build Entity’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.
I. Premiums. City is not liable for a premium payment or another expense under Design-Build Entity’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 Design-Build Entity 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 Design-Build Entity 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 Design-Build Entity 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. Design-Build Entity 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 Design-Build
Entity must maintain after the Final Payment.
L. Design-Build Entity shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Design-Build Entity’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, Design-Build Entity shall deliver to City evidence of the required
coverage as proof that Design-Build Entity’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, Design-Build Entity shall furnish satisfactory proof of each type of
insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements,
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renewals, or replacements; and documents comprising Design-Build Entity’s self-insurance program— all in a form and
content acceptable to the City Attorney or City’s Risk Manager.
N. If Design-Build Entity hires, employs, or uses one or more Subcontractor(s) to perform work, services,
operations, or activities on Design-Build Entity’s behalf, Design-Build Entity 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. Design-Build Entity’s failure to comply with an insurance provision in this Agreement constitutes a
material breach upon which City may immediately terminate or suspend Design-Build Entity’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, Design-Build Entity shall repay City for all sums or monies that City paid to obtain,
renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may
owe Design-Build Entity.
3.0 DESIGN-BUILD ENTITY’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
A. Design-Build Entity 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 Design-Build Entity
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
Design-Build Entity’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. Design-Build Entity 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
Design-Build Entity is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from
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the State of California is required; or if Design-Build Entity 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. Design-Build Entity agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Design-Build Entity agrees to obtain certificates evidencing such
coverage.
F. Design-Build Entity agrees to provide immediate notice to City of any claim or loss against Design-
Build Entity 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.
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 Design-Build Entity has such a program, Design-Build Entity must fully
disclose such program to City.
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EXHIBIT 5
Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Construction Stormwater Program
Permit Number: Date:
Applicant: Phone:
Project Address:
Property Owner:
Design-Build Entity:
Design-Build Entity’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.
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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:
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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.
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EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Design-Build Entity certifies and represents that, during the performance of this Agreement, the Design-Build
Entity 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. Design-Build Entity further certifies that it will not
maintain any segregated facilities.
B. Design-Build Entity agrees that it shall, in all solicitations or advertisements for applicants for employment
placed by or on behalf of Design-Build Entity, 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. Design-Build Entity 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. Design-Build Entity 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.