2019-06-04 City Council Ag. Pkt.
California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon
City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s
website at www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at
least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that
reasonable arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, June 04, 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
William Davis, Council Member
Carol Menke, Council Member
Vacant, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT
At this time the public is encouraged to address the City Council on any matter that is within the subject
matter jurisdiction of the City Council. The public will also be given a chance to comment on matters
which are on the posted agenda during City Council deliberation on those specific matters.
PRESENTATION
1. City Administration
Fiscal Year 2019/2020 Budget Study Sessions
1. Budget Overview - presented by Carlos Fandino, City Administrator
2. City Clerk Department - presented by Maria Ayala, City Clerk
3. Finance Department - presented by Bill Fox, Director of Finance
4. Health & Environmental Control Department - presented by Freddie Agyin, Director
of Health & Environmental Control
5. Human Resources Department - presented by Michael Earl, Director of Human
Resources
6. Information Technology Division - presented by Ernesto Smith, Information
Technology Manager Page 1 of 508
Regular City Council Meeting Agenda
June 04, 2019
Recommendation:
No action required by City Council. This is a presentation only.
2. City Administration
A Proclamation for Gautier Land Company
Recommendation:
A. Present a proclamation to Gautier Land Company in Recognition of their 100th
Anniversary.
1. Proclamation - Gautier Land Company
3. Police Department
Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards
Recommendation:
No action required by City Council. This is a presentation only.
4. City Administration
Presentation of Grantee Certificates and Report on FY 2018/2019 Docket IV Grants
Awarded by Vernon CommUNITY Fund Grant Committee
Recommendation:
A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund
Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review,
because it is an administrative action that will not result in direct or indirect physical changes
in the environment and, therefore, does not constitute a “project” as defined by CEQA
Guidelines section 15378; and
B. Present Certificates to FY 2018/2019 Docket IV Recipients for Direct Service Grants,
Capital Grants, and Scholarship Grants; and
C. Receive and file this report, as it is being provided for informational purposes only
pursuant to Section 2.167(e) of the Vernon Municipal Code.
5. City Administration
Proclamation Honoring Former Council Member Yvette Woodruff-Perez
Recommendation:
A. Acknowledge and present a proclamation to former City Council Member Yvette
Woodruff-Perez in recognition of her dedicated service to the City of Vernon.
1. Proclamation - Yvette Woodruff-Perez
Page 2 of 508
Regular City Council Meeting Agenda
June 04, 2019
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.
6. City Clerk
Claim for Damages from Christina Sanchez received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. Sanchez 05-20-2019
7. City Clerk
Claim for Damages from Christian V. Miranda received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. V. Miranda 05-20-2019
8. City Clerk
Claim for Damages from Christopher M. Miranda received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. M. Miranda 05-21-2019
9. City Clerk
Claim for Damages from Carlos Sanchez Jr. received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. Sanchez Jr. 05-20-2019
10. City Clerk
Claim for Damages from Angel S. Miranda received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: A. Miranda 05-20-2019
11. City Clerk
Claim for Damages from Aiddan M. Sanchez received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: A. Sanchez 05-20-2019
Page 3 of 508
Regular City Council Meeting Agenda
June 04, 2019
12. City Clerk
Claim for Damages from Jasmine Sanchez received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: J. Sanchez 05-20-2019
13. City Clerk
Minutes of the Regular City Council Meeting Held on May 21, 2019
Recommendation:
A. Receive and File
1. 2019-05-21 City Council Minutes
14. City Administration
Council Conference Attendance Report
Recommendation:
A. Find that receiving this Council Conference Attendance Report is exempt from California
Environmental Quality Act ("CEQA") review, because it is an administrative activity of
government that will not result in direct or indirect physical changes in the environment and
therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and
B. Receive and file.
15. Finance/ Treasury
Approval of Operating Account Warrant Register No. 23 Covering the Period of May
14 through May 27, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 23 which totals $5,994,409.51 and
consists of the following:
1) Ratification of electronic payments totaling $5,507,435.02.
2) Ratification of the issuance of early checks totaling $432,574.84.
3) Authorization to issue pending checks totaling $54,399.65.
1. Operating Account Warrant Register No. 23
16. 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. 5 to record voided Check No. 600560 in the
amount of $85.06 issued 07/31/18 to Quinones, Ana.
2) Operating Account Warrant Register No. 8 to record voided Check No. 600905 in the
amount of $17.20 issued 09/11/18 to Stevenson Jr, Kent.
Page 4 of 508
Regular City Council Meeting Agenda
June 04, 2019
3) Operating Account Warrant Register No. 9 to record voided Check No. 601039 in the
amount of $11.99 issued 09/27/18 to Lucas, Jason.
4) Operating Account Warrant Register No. 12 to record voided Check No. 601511 in the
amount of $8.72 issued 11/20/18 to Swinford, Phillip.
5) Operating Account Warrant Register No. 14 to record voided Check No. 601722 in the
amount of $26.70 issued 12/18/18 to Quinones, Ana.
6) Operating Account Warrant Register No. 22 to record voided Check No. 602841 in the
amount of $80.50 issued 05/02/19 to Cortez, Justin.
17. Finance/ Treasury
Approval of RDA Obligation Retirement Account Warrant Register No. 52 Covering
the Period of April 30 through May 27, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 52 which totals
$60.00 and consists of the following:
1) Ratification of electronic payments totaling $60.00.
1. RDA Obligation Retirement Fund Account Warrant Register No. 52
18. Fire Department
Fire Department Activity Report for the Period of May 1 through May 15, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report - 05/01/19 to 05/15/19
19. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of May
1 through May 15, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 05/01/19 to 05/15/19
20. Public Utilities
Award of a Services Agreement to Interstate Gas Services dba IGService to Conduct an
Update to the Water Rate Study
Recommendation:
A. Find that approval of the proposed Services Agreement is exempt under the California
Environmental Quality Act CEQA"), because it is an administrative activity that will not
result in direct or indirect physical changes in the environment, and therefore does not
constitute a " project" as defined by CEQA Guidelines section 15378; and
B. Determine that the award of the proposed agreement is in the best interest of the City and,
therefore, exempt from the competitive selection process per Section 2. 17. 12 (B)(3) of the
Vernon Municipal Code; and
Page 5 of 508
Regular City Council Meeting Agenda
June 04, 2019
C. Approve a Services Agreement with Interstate Gas Services, Inc. dba IGService ("
IGService"), in substantially the same form as submitted herewith, in an amount not to exceed
$14,000 to update the April 2018 Water Rate Study; and
D. Authorize the City Administrator to execute a Services Agreement with IGService with an
effective date of June 4, 2019 and termination date of June 30, 2020.
1. Interstate Gas Services Professional Services Agreement
21. Public Works
Public Works Department April 2019 Monthly Building Report
Recommendation:
A. Receive and File
1. Public Works Department April 2019 Building Report
NEW BUSINESS
22. Public Utilities
Award of Construction Contract to General Pump Company, Inc. for On-Call Well and
Booster Pump Repairs
Recommendation:
A. Find that the proposed action is categorically exempt from California Environmental
Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15301, because the
project consists of the maintenance, repair or minor alteration of existing facilities and
involves negligible or no expansion of an existing use; and
B. Accept the bid from General Pump Company, Inc., as the lowest responsive and
responsible bidder; and
C. Approve a Construction Contract with General Pump Company, Inc., in substantially the
same form as attached herewith, in an amount not to exceed $600,000.00 for a one year term;
and
D. Authorize the City Administrator to execute the Construction Contract with General
Pump Company, Inc. with an effective date of July 1, 2019.
1. Construction Contract with General Pump Company, Inc
23. Public Works
Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change
Order No. 9 (Contract No. CS-0099)
Recommendation:
A. Find that the approval of the proposed change order in this staff report is within the Initial
Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions
under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of
the CEQA Guidelines; and
Page 6 of 508
Regular City Council Meeting Agenda
June 04, 2019
B. Approve Agreement Change Order No. 9, in substantially the same form as submitted
herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal
Project No. DBPL02-5139(010), Contract No. CS-0099, extending the contract length and
authorizing CNS Engineers, Inc., to provide the additional engineering design and
coordination services as described below for the additional cost of $114,994.20, increasing
the total contract cost to $1,887,168.48; and
C. Authorize the City Administrator to execute Agreement Change Order No. 9, extending
the project schedule from July 1, 2019 to December 31, 2020.
1. Agreement Change Order No. 9
2. Request for Change Order No. 9
24. Public Works
A Resolution Approving and Accepting the Grant Deed Dedicating in Fee a Portion of
the Property Located at 4328 Alcoa Avenue
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 dedicating in fee a
portion of the property located at 4328 Alcoa Avenue for approximately 3,567.5 square feet
of land.
1. Resolution - Grant Deed 4328 Alcoa
2. Certificate of Acceptance
ORAL REPORTS
City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff.
CLOSED SESSION
25. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (5)
(Government Code Section 54956.9(d)(1))
City of Vernon v. Dennis Roberts, et al, Los Angeles Superior Court Case No.
19NWUD00831
Reina Lopez v. City of Vernon, et al, Los Angeles Superior Court Case No. BC713375
Marco Garcia-Martinez v. City of Vernon, et al, Los Angeles Superior Court Case No.
BC689446
Page 7 of 508
Regular City Council Meeting Agenda
June 04, 2019
Mayra Jimenez v. City of Vernon, et al, Los Angeles Superior Court Case No.
BC717856
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
26. 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 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 30th day of May, 2019.
By: ________________________________
Maria E. Ayala
City Clerk
Page 8 of 508
City Council Agenda Item Report
Agenda Item No. COV-162-2019
Submitted by: Diana Figueroa
Submitting Department: City Administration
Meeting Date: June 4, 2019
SUBJECT
Fiscal Year 2019/2020 Budget Study Sessions
1. Budget Overview - presented by Carlos Fandino, City Administrator
2. City Clerk Department - presented by Maria Ayala, City Clerk
3. Finance Department - presented by Bill Fox, Director of Finance
4. Health & Environmental Control Department - presented by Freddie Agyin, Director of Health & Environmental
Control
5. Human Resources Department - presented by Michael Earl, Director of Human Resources
6. Information Technology Division - presented by Ernesto Smith, Information Technology Manager
Recommendation:
No action required by City Council. This is a presentation only.
Background:
Budget Study Session Presentations allow for City Council to gather an understanding of each facet of the City's
operation, as individual Directors address departmental issues, functions, and needs. Because each department faces
unique challenges and identifies its own specific goals for a given year, this session provides an opportunity for the
department to share details on its operational strategy. Presentations will focus on the previous year's highlights and the
vision for the respective departments as they move forward into the new fiscal year. The presentations are designed to
provide insight into the Citywide proposed fiscal year budget that will be brought to City Council for approval in July.
On June 4, 2019, Budget Study Session presentations will be delivered as follows:
1. Budget Overview - presented by Carlos Fandino, City Administrator
2. City Clerk Department - presented by Maria Ayala, City Clerk
3. Finance Department - presented by Bill Fox, Director of Finance
4. Health & Environmental Control Department - presented by Freddie Agyin, Director of Health & Environmental
Control
5. Human Resources Department - presented by Michael Earl, Director of Human Resources
6. Information Technology Division - presented by Ernesto Smith, Information Technology Manager
It is important for the City Council to be informed on the government fiscal activities of the City. Therefore,
departmental Budget Study Session Presentations have been incorporated as a standard practice during the City's
annual budgetary planning process for the upcoming fiscal year.
Fiscal Impact:
None.
Page 9 of 508
City Council Agenda Item Report
Agenda Item No. COV-359-2018
Submitted by: Lilia Hernandez
Submitting Department: City Administration
Meeting Date: June 4, 2019
SUBJECT
A Proclamation for Gautier Land Company
Recommendation:
A. Present a proclamation to Gautier Land Company in Recognition of their 100th Anniversary.
Background:
In keeping with Vernon's business friendly standing and its commitment to facilitating economic growth, the City aims to
support the business community and focus attention on noteworthy occasions. The City is especially proud to
acknowledge businesses that have long established roots in the City. Such is the case for the Gautier Land Company
("Gautier") whose founders and their acquisition of local land pre-date the City's incorporation.
After leaving Normandy France sometime in 1878, Amand and Meduline Gautier (the "Gautiers"), immigrated to the
United States and settled in Southern California. By September of 1879, the Gautier's purchased a 24.48 acre farm
located in modern day Vernon, eventually founding the Gautier Land Company in June of 1919. A century later,
Gautier remains the proud owner of several properties in Vernon. Gautier currently owns six separate tilt up buildings
with a combined total of 463,000 square feet. Gautier houses clients in a variety of industries including: shipping, freight
forwarding, wholesale of general merchandise, clothing distribution, electronic sales, artwork, storage, cold storage,
wholesale food packaging and manufacturing. The company's tenants employ approximately 300 full time employees.
During the month of June, Gautier will celebrate its 100th anniversary milestone and 141st year of the Gautier family in
Vernon.
A proclamation in recognition of Gautier's 100th Anniversary is being presented to the Company by Mayor Melissa
Ybarra at the June 4, 2019 Council Meeting.
Fiscal Impact:
None.
ATTACHMENTS
1. Proclamation - Gautier Land Company
Page 10 of 508
~'
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a .~'' i
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s' r'
A PROCl~1MA TION OF THE MA YOR AND THE CITY COUNCIL
OF THE CITY OF VERNON COMMENDING AND HONORING
GAUTIER LAND COMPANY ONITS 100THANNIVERSARY
I~VI IEKF~IS, founded in 7 9 7 9, the Gautier L,cznd Company ("Gautier') i~~ cz leading real e~~tate
developer and land owner in the City of Tlernon, and ha~~ been contributing to the economic vitality of the
region for over u century; and
I,VHEK 1f~S, ~~ometime in 7 878, ~mund and Meduline Gautier ("the Gautiers') immigrated to
the United State~~ from Normandy, France e~~tabli~~hing their family in Southern California; and
I~HEI~E~1S, in September of 7879, the Gautier ~~ purchu~~ed a 2'x.48 acre farm located on Ea~-t
27th Street in modern dUy Tlernon; and
I~Y~F-IEKE~S, Gautier L.cznd Company u~u~~ regi~~tered a~~ a corporation with the State of California
and the fir~~t meeting of the ne2v company aa~a~~ held on June G, 7 9 7 9; and
I~HE~~F~S, during the month o f June 20 7 9, Gautier will celebrate its- 7 00th crnniver~~ary
milestone c~nd 74 ~~~t year of the Guiltier family in Vernon; and
I,YIHEKEf1S, Gautier currently ozvn~- six buildin~~~ in Vernon, with u total of 463,000 ~-quc~re
feet all located on the original farm; and
I-VHE~E~S, Gautier's~ variou~~ tenant~~ employ approximately 300 full time employee~~ and
I~HEKE~IS, Gautier exemplifie~~ the "Vernon Meun~~ 13u~~ine~~~~"motto, providing puce for clients
in variou~~ indu~~trie~~ including ~~hipping,, freight forivczrding, ivhole~-ale of~enerul merchan~li~~e, clothing
di~~tribution, electronic• ~~ale.r, Urt~or~, ~~torage, cold ~~torage, ~vhole~•ale food pacl~aging and manufactu~in~• and
I~IVHEI~E~S, cis a member of the Vernon Chamber of Commerce, Gautier i~- committed to
~-u~-taining economic•grozvth in the region; and
I~HE~..f~S, the Mayor and the City Counczl of the City o f Vernon, on behalf o f it~~ employees;
re~-ident~- and bu~~ines~~e.r, aa~i~~h to commend and honor Gautier Ind Company on itr ~OOth anniver~~~ry and
for their many contribution~~ to the City of ~ Vernon for over a century.
NOI,YI, THE~EFOAE, THE NI~YOAl1ND THE CITY COUNCIL OF THE CITY
OF VEKNOI~T, ON BEH~ILF OF ITS EMPLOYEES, AESIDE~TTS AND B USINESSES
HE.I~.EBY COMMENDS ~D CO~TG~TUL~ITES GAUTIEK L.f1I~TD COMPANY ON
ITS 700"rH ~N~TIVEI~.S'~1KY. THIS PKOCL~~,~TION IS BEING PKESENTED TO
GAUT. IEI~ L.~ND COMPANY BY THE HONOI~BLE M~IYOR MELISSA YB~I~R~1
FOK 1~ND OIL BEHALF O F THE CITY CO UNCIL O F THE CITY O F VEI~10N T~IIS
~rx DAY OF JUNE T I-YIO THO US~I~TD ~II~TD NINETEEI~1.
CITY OI=~ VEI~TON
i i~/ ~i ~~ ~ ~ .,/~! / ~ /
1 ~ ~~ /
Page 11 of 508
City Council Agenda Item Report
Agenda Item No. COV-172-2019
Submitted by: Robert Sousa
Submitting Department: Police Department
Meeting Date: June 4, 2019
SUBJECT
Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards
Recommendation:
No action required by City Council. This is a presentation only.
Background:
The Vernon Police Department (VPD) has completed the annual D.A.R.E. program for the fifth grade students of
Vernon Elementary School. The D.A.R.E. program is a highly acclaimed program that provides children with the skills
they need to avoid involvement in drugs, gangs, and violence. D.A.R.E. is a police officer-led series of classroom
lessons that teaches children from kindergarten through 12th grade, how to resist peer pressure and live productive drug
and violence free lives.
In addition to classroom lessons, students take part in an essay contest. An essay committee reviewed the submitted
essays and selected the top three candidates. The VPD would like to honor the top candidates and present them with a
recognition plaque.
Fiscal Impact:
Funds for the D.A.R.E recognition plaques have been included in FY 2018-2019 budget.
ATTACHMENTS
Page 12 of 508
City Council Agenda Item Report
Agenda Item No. COV-214-2019
Submitted by: Diana Figueroa
Submitting Department: City Administration
Meeting Date: June 4, 2019
SUBJECT
Presentation of Grantee Certificates and Report on FY 2018/2019 Docket IV Grants Awarded by Vernon
CommUNITY Fund Grant Committee
Recommendation:
A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee is exempt
from California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in
direct or indirect physical changes in the environment and, therefore, does not constitute a “project” as defined by
CEQA Guidelines section 15378; and
B. Present Certificates to FY 2018/2019 Docket IV Recipients for Direct Service Grants, Capital Grants, and
Scholarship Grants; and
C. Receive and file this report, as it is being provided for informational purposes only pursuant to Section 2.167(e) of
the Vernon Municipal Code.
Background:
On May 15, 2019, the Vernon CommUNITY Fund Grant Committee (“Grant Committee”) held its fourth grant award
meeting for the 2018/2019 Fiscal Year. There were awards granted in the following categories: Direct Service Grants,
Capital Grants, and Scholarship Grants.
Four (4) Direct Service Grant applicants were approved by the Grant Committee at the terms recommended:
1) Applicant: Huntington Park Youth Football and Cheer*
Original Amount Requested: $20,000
Amount Recommended: $20,000
Proposed Term: 1 year
*Returning Grantee
2) Applicant: Las Fotos Project*
Original Amount Requested: $40,000
Amount Recommended: $35,000
Proposed Term: 1 year
*Returning Grantee
3) Applicant: Opportunity Fund*
Original Amount Requested: $50,000
Amount Recommended: $45,000
Page 13 of 508
Proposed Term: 1 year
*Returning Grantee
4) Applicant: Proyecto Pastoral at Dolores Mission*
Original Amount Requested: $55,350
Amount Recommended: $50,000
Proposed Term: 1 year
*Returning Grantee
Three (3) Capital Grant applicants were approved by the Grant Committee at the terms recommended:
1) Applicant: California Children's Academy
Original Amount Requested: $50,000
Amount Recommended: $50,000
Proposed Term: 1 year
2) Applicant: Clinica Romero
Original Amount Requested: $150,000
Amount Recommended: $66,000
Proposed Term: 1 year
3) Applicant: InnerCity Struggle
Original Amount Requested: $200,000
Amount Recommended: $90,000
Proposed Term: 1 year
Seven (7) Scholarship Grant applicants were approved by the Grant Committee at the terms recommended:
1) Applicant: #3 - Yani Martinez
Amount: $2,000
School: Huntington Park Institute of Applied Medicine (HPIAM) Marquez High School
Resident City: Huntington Park
2) Applicant: #8 - Nayeli Jimenez Alvarado
Amount: $5,000
School: Garfield High School
Resident City: East Los Angeles
3) Applicant: #9 - Kimberly Robles
Amount: $2,000
School: Garfield High School
Resident City: East Los Angeles
4) Applicant: #18 - Valeria Valencia
Amount: $2,000
School: LIBRA Academy Marquez High School
Resident City: Huntington Park
Page 14 of 508
5) Applicant: #19 - Arianna Romero
Amount: $2,000
School: Mendez High School
Resident City: East Los Angeles
6) Applicant: #20 - Julie Quintero
Amount: $5,000
School: Garfield High School
Resident City: East Los Angeles
7) Applicant: #21 - Hector Ruiz
Amount: $2,000
School: Math, Science, Tech Magnet (MSTM) at Roosevelt High School
Resident City: Boyle Heights
Section 2.167(e) of the Vernon Municipal Code requires the Grant Committee Executive Director (City Administrator)
to provide the City Council a report of the grant related actions taken by the Grant Committee within 30 days of any
regular meeting and within 15 days of any special meeting at which grants are awarded.
Fiscal Impact:
The Fiscal Year 2018/2019 Docket IV total recommended grant award amount of $150,000 for direct service grants;
the amount of $206,000 for capital grants; and the amount of $20,000 for scholarship grants are each included in the
2018/2019 City Budget and are within the recommended fund allocation for each respective category.
ATTACHMENTS
Page 15 of 508
City Council Agenda Item Report
Agenda Item No. COV-140-2019
Submitted by: Lilia Hernandez
Submitting Department: City Administration
Meeting Date: June 4, 2019
SUBJECT
Proclamation Honoring Former Council Member Yvette Woodruff-Perez
Recommendation:
A. Acknowledge and present a proclamation to former City Council Member Yvette Woodruff-Perez in recognition of
her dedicated service to the City of Vernon.
Background:
Historically, the City has approved proclamations in honor of elected officials upon their departure from the City. This is
the appropriate time to honor former Council Member Yvette Woodruff-Perez who resigned from service on May 7,
2019 after serving in the capacity of City Council Member since 2015.
Council Member Woodruff-Perez has been a resident of the City of Vernon since 2012. She was elected to the Vernon
City Council in April of 2015. As a sitting council member, Woodruff-Perez represented the City of Vernon as an
appointed member of various boards including the Sanitation Districts of Los Angeles County, Eco-Rapid Transit, and
the Southern California Association of Governments.
Council Member Woodruff-Perez fully dedicated herself to the service of her community and represented the City with
distinction and honor as she interfaced with community, business, county, state and federal government officials and
agencies.
As a gesture of appreciation for her unwavering commitment and service to the City, former Council Member
Woodruff-Perez is being presented with a proclamation. Although not available to receive the proclamation in person,
the former Council Member has expressed her appreciation for the recognition.
Fiscal Impact:
None.
ATTACHMENTS
1. Proclamation - Yvette Woodruff-Perez
Page 16 of 508
ifOR
4 t,~ "~ '~ ~ G f
,, _
A PROCZ~IMA TION OF THE MA YOR AND THE CITY COUNCIL OF
THE CITY OF VERNON COMMENDING YVE7'7E WOODR UFF—
PEREzFOR HER YEARS OF SERVICE TO THE CITY OF VERNON
WIHEKE~IS, Yvette lYloodruf f=Pereti ivc~.~~ elected to serve on the I~ernon City Counczl on April 74,
20 ~5; and
I~VHEKE~IS, Yvette I,Yloodruff=Peres announced h.er re.~~ignc~tion from the City Council of festive May 7,
2079; and
I~VHEKE~S, Yvette I~Yloodru f f =Pereti f c~ith f ully ~~erved the City o f Vernon a.►~ cz member o f ~ the City
Council from 20 7 5-20 7 9; c~nd
I-VI-~EKE~S, Yvette I~Yloodru f f =Peru devoted .~~igni ficant time and effort above c~nd beyond the c our.►-e and
.~~c ope o f ~ her elected dutie~~ on beh~zl f ~ o f ~ the people o f the City o f ~ Vernon; and
I~HEKE~S, Yvette I,Yloodru f f =Pereti .~~erved a.►~ Mcyor o f the City in 2U 7 8 f ollozving tzvo year.~~ o f .+~err~ing
cz.►- the Ci y'.r Mcyor Pro Tempore in 20 ~ 6 and 20 7 7; and
WIHEKE~S, Yvette I~oodruf f=Pereti represented h.er community and the City by ~-err~ing on vczriou.~~
external boc~rd~~ including: the Sc~nitution Di.~~trictr of ~Lo~~ ~ngelec County, Eeo-I~pid Tran.+it, and the Southern
California A.+~.+-ocic~tion o f Governments; and
IYIHFR~'~1S, the economic health o f the City o f ~ Tlernon and it.~-~eople depend.+~ in large mec~.+~ure on the
dedication, innovations and stead f a.~~t commitment o f leader.+~ .ruc•h c~.r Yvette I~oodru f f =Pereti; c~nd
I~VHEI~E~S, during her tenure on the City Counczl, Yvette I~oodru f f =Pereti hU.~~ upon the deepest re.~pect
o f her c ollec~gue.~~ through h.er leader.+~ h.ip and contribution.► to the City; and
I~HEKE~S, the Mcyor and the City Counczl o f the City o f I~ernon, on behal f o f itr employees,
re.►~ident.~- cznd bu.~~ine~:+~e c, zvi rh to commend and thank Yvette I-Voodru f f =Pereti for her year.- o f servic e to the City
and invite recognition of ~ h.er contribution.~~ and c~chievement~~.
NOWT THEI~EFOI~E, THE N1~YOK SID THE CITY COUNCIL OF THE CITY OF
VEKNON, ON BEI~LF OF ITS EMPLOYEES, KESIDENTS AND B USINESSFS I-1 FKEBY
C011~INIENDS YVETTE I-YIOODI~UF~-1'EAEZ FOK HEA YEARS O~ SEKVICF_ TO THE
CITY. THIS P1~OCL~~,~TION IS BEING PKESENTFD TO YVETTE I,Y>OUDI~UFF PE1~EZ
BY THE HONOI~BLE NIAYOI~ MELISSA YB~K~~~ FOK f1ND ON BEH~ILF OF THE
CITY COUNCIL OF THE CITY OF VERNON THIS -NTH D IY OF JUNE TI-YIO THOUSAND
AND NINETEEN.
CITY OF VEKNON
;.
~' ~ ~
:/~
Page 17 of 508
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCT10NS
l Cla ms for death,iniury tO person orto personal property must be lled notlater
than six(6)monthS after the occurrence (Gov Code Sec 9112)
2 Claimsfor damages to real prOperty must be輌 Ied notlaterthan One(1)year
after the occurrence (Gov Code Sec 911 2)
3 Read entire cla m before l∥ng
4 See page 2 for diagram upon which tolocate place of accident
5 This claim form must be signed on page 2 at botomO Atach separate sheets, f necessary,to give fu∥detalls SICN EACH SHEET7 Claim must be lled with Cny Clerk(Gov Code Sec 915a)
RESERVE FOR FILING STAMP
CLAIM No
COり EITY CLERK'5 0FFIEEREEElUED
∥nY20'19P∥12:37:45TOi CITY OF VERNON CITY COUNCIL
Christina Sanchez 32 years old
1111l Santa Monica Blvd,Suite 700,Los Angeles,CA 90025 (310)477-1700
Business
(310)477-1700
address to which you desire notices or communications to be sent regarding this claim:
Attn: Ryan Casey, Panish Shea Boyle LLP, 111'11 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025
How did DAMACE orlN」URY occur?Give fu∥particulars
See Attached
When did DAMAGE or INJURY occur? Give full partlculars, date, time of day, etc.:
See Attached.
Vvhere did DAMAGE or INJURY occur? Describe fully, and locateon diagram on reverse side ofthissheet, where
approximate, give street names and address and measurements from landmarks:
See Attached.
Vvhat particularACT or OMISSION doyou claim causedthe injury ordamage? Givenamesof Cityemployees, if any,
causingthe injury or damage, if known:
See Attached.
What DAMAGE orlN」URIES do you claim resuned? Give fu∥extent of inlu百 es or damages c aimed:
See Attached
VvhatAMOUNTdo youclaimof each item of injury ordamage as ofdate of presentation ofthisclaim, giving basisof
computation:
See Attached.
Give ESTIMATEDAMOUNT as farasknownyou claim on account of each item of prospective injury ordamage,giving
basisof computation:
See Aftached.
Page 18 of 508
1/Vere you insured atthe tirne ofthe incident?lf sol provide name ofinsurance company,policy numbers and amount ofinsurance
payments received:
See Attached.
Expenditures made on account of accident orinjury:(Date―ltem)
See Attached.
(Amount)
Name and address ofVVitnesses,Doctors and Hospita!s:
See Attached.
READCAREFULLY
For all accident claims place on following diagram names of streets, including North, East. South, and West: indicate place
of accident by "X" and by showing house numbers or distances to street corners.
lf City Vehicle was lnvolved, designate by letter'A" location of City vehicle when you first saw it, and by "B" location of yourself
or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by'A-1" and location of yourself or your
vehicle at the time of accident by "8 1" and the point of lmpact by "X."
NOTE: lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR A∪丁OMOBILE ACCIDENTS
LI L
アA＼ /
FOR OttHER ACCIDENttS
that theI declare under includin true and correct.
Name:Date
5/15/2019Ryan A. Casey
Attorney for Claimant
NOTE:ALL UNDER OATH PRESENTA CLAIM IS A FELONYPEN CODE SEC 72)CLAIMS MUST BE FILEDWITH CITY CLERKCOVCODE■Cy915a)STATE LAVV PROVIDES THATIF YOU ARE NOT NOTIFIED OF ANY
ACT10N BY THE CITY OF THIS CLAIM WITHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED DENIED(SEE GOV CODE SEC 9116&9124)Page 19 of 508
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PANISH SHEA&BOYLE LLP
BRIAN J.PANISH,State Bar No.116060
′α′′SttCンSb′α″σο″
ADAM SHEA,State Bar No.166800
S力 ιαCpsゎ ルソ.cο“RYAN A.CASEY,State Bar No.271865
N%悩醤空響f6紅 ,sはe BarNQ 314906
1諸 Ⅷ‰羅Bodevttd,Suite 700
キ:L癬:き f:11り
'1場
Ъ♂0025
Facsillnile:310.477.1699
Attorlleys for Clairnant
CHRISTINA SANCHEZ,an
Claimant,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES‐CENTRAL DISTRICT
V.
CITY OF VERNON and DttES l-50,
inclusivc,
Case No.
GOVERNMENT CLAI】旺PURSUANT TOGOVERNMENT CODE§900,ET SEQ。,FOR DAMAGES
Respondents.
Pursuant to the provisions of $$905 and 910 et seq., of the California Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES 1-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
California. In support of this claim, the following information is submitted:
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 20 of 508
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l. Claimant: CHRISTINA SANCHEZ, an individual for the wrongful death of her
husband Carlos Sanchez.
2. Address to Which Claimants Wish Correspondence to be Mailed:
Brian J. Panish, Adam K. Shea, Ryan A. Casey, and Nicholas W. Yoka at Panish Shea &
Boyle, LLP, 11111 Santa Monica Boulevard, Suite 700, Los Angeles, CA 90025, Telephone
number (310) 477-1700; Fax number (310) 477-1699.
3. Nature of Injuries: Claimant is the surviving spouse of Decedent, Carlos Sanchez
("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of a
construction zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in the
City of Vernon, County of Los Angeles, State of California. ("Subject Intersection"). Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death ("Subject Incident"). Claimant has sustained expenses for the services of
hospitals, physicians, surgeons, nurses, and the like, who were employed to care for and treat
Decedent and furthermore suffered the loss of love, affection, society, service, comfort, support,
right of support, expectations of future support, and counseling, companionship, solace and mental
support, as well as other benefits and assistance of her husband.
4. Amount of Claimed Damaees: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of California, Unlimited Jurisdiction. Damages are in excess of $20 million.
2 1,, tf',
,:'1 "''j
ERNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 21 of 508
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Date Damage Occurred: Decedent suffered fatal injuries on January 1,2019.
Place Where Damaee Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of California.
7. Governmental Entities Alleged to be At Fault: CITY OF VERNON ("CITY") a
public entity.
8. Names. Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Yelez(Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
All other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
g. Nature of Case: On or about January 1,2019, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout ofa construction zone located Subject Intersection.
|`|■
5.
6.
oDE $ 900, ET SEQ', FOR DAMAGESPage 22 of 508
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization of the Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the constructionzone barriers, lighting, warning signs, layout,
delineators, warning signs and other insufficient traffic control in and around the Subject
Intersection.
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
a. The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insufficient and/or
defective, barriers, warning signs or signals, or other forms of warning to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the construction zone at the Subject
Intersection;
c. The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating and/or aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous construction zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
To covpRNMENT coDE $ 900, ET sEQ., FoR DAMAGESPage 23 of 508
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f. The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming constructionzone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffic and with the safe
operation of vehicles;
i. The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the Construction Zone;
j. The absence of any protective device to prevent vehicles from entering the
ConstructionZone;
k. The design and condition of the SUBJECT INTERSECTION and adjacent
property led motorists to travel and encroach upon the construction zone, exposing motorists to
injury; and
l. Such other conditions unknown to Plaintiff at this time, but which may be
established through discovery.
m. The SUBJECT INTERSECTION lacks any,or has insufflcient,warlling
signs,cither temporary or pellllanent,that would provide warning to persons approaching the
SutteCt lntersection about the dangerous conditions described herein.
n. Any existing waming signs,cither temporary or pellllanent,that would
provide warning to persons encountering thc dangerous conditions ofthe SUBJECT
INTERSECTION and attacent prOperty,including,but not limited to,the construction zone,were
defcctive,inadequate,and/or nor properly価 ctioning.
///
5 `.:ィ ■′″・
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ。,FOR DAMAGESPage 24 of 508
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance, repair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount, typ€, direction, and speed of
traffic on the SUBJECT INTERSECTION.
10. Claimant fuither is informed and believes that the CITY, caused, created, and/or
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
ConstructionZone area. Claimant is fuither informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the construction zone, created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
control, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
occurred, including but not limited to, property adjacent to the construction zone.
1 1. At said time and place, the CITY, by and through their employees, agents, servants,
and independent contractors, proximately caused the fatal injuries to Decedent and Claimant's
resulting damages by negligently, wantonly, recklessly, tortuously, wrongfully, unreasonably, and
unlawfully:
.I II ‐■|: , |
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGES6Page 25 of 508
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Planning, designing, constructing, owning, possessing, controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the layout of the
construction zone area.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
.configurations, geometrics, sight distances, absence of traffic control devices, and warning devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
c. Failing to guard, wam, and protect motorists fromhazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing, constructing, owning, supervising, controlling, testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install warning signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
f. Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to warn and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control traffic at
or near the construction zone of the danger.
g. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGES
秒9-
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approved by any appropriate and responsible governmental entity or any delegates and agents
thereof;
h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the constructionzone,was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT INTERSECTION and its adjacent property, including, but
not limited to, the constructionzone,were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, wamings, or other measures necessary to
prevent incidents ofthe type that occurred in this case;
1. There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the constructionzone,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
o GoVERNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 27 of 508
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employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was further negligence in the failure to warn of these known risks and hazards, some
of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk orhazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to wam of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide warnings and/or
remove the risk or hazard; and
n. The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffrc patterns and usage of the
property since its original design and construction.
12. Reservation of Right to Amend and/or Supplement Claim: Claimant reserves the
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to filing a claim, but there was no response. Accordingly, these claims are being
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGES
I●■
Page 28 of 508
made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
10 111‐|||:
Page 29 of 508
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
RESERVE FOR
CLAIM No
FILING STAMP
EOu CITT cLERK'3 0FFIC[
REEEIVED
∥nY20'19開 12,39:28
INSTRUCTIONS
1 . Claims for death, injury to person or to personal property must be liled not later
than six (6) months after the occurrence. (Gov. Code Sec 9'l 1 2)2. Claims for damages lo realproperty must be filed not later than one (1) year
after the occurrence. (Gov. Code Sec 911.2)3. Read entire claim before tiling.4. See page 2 for diagram upon which to locate place of accident
5. This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET7. Claim must be filed with City Clerk. (Gov Code Sec.915a)
TOi CITY ITY COUNCiL
Christian V. Miranda, minor GAL, Christina Sanchez '1 1 years old
11111 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025 (310)477-1700
Address of
(310)477-1700
Give address to which you desire notices or communications to be sent regarding this claim:
Attn: Ryan Casey, Panish Shea Boyle LLP, 1'1111 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025
How did DAMACE orlN」URY occur?Give fu∥particulars
See Attached
When did DAMAGE orIN」USee Attached
occur? Give full particulars, date, time of day, etc.:
fully,on reverse
approximate, give street names and address and measurements from landmarks:
See Attached.
What particuhrACT orOl\itlSSlON doyouclaim causedthe injury ordamage? Givenamesof Cityemployees, if any,
causingthe injury or damage, if known:
See Attached.
Itttrat OaUnCg or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
See Attached
WhatAMOUI,tTdo youclaxTof each item of injury ordamageasof dateof presentationof thisclaim, giving basisof
computation:
See Attached.
c
basisof computation:
See Aftached.
Page 30 of 508
Were yriu insured at the time of the incident? lf so, provide name of insurance company, policy numbers and amount of insurance
payments received:
See Attached.
Expenditures made on account of accident oriniury:(Date―ltem)
See Attached.
(Amount)
Name and address ofVVitnesses,Doctors and Hospita:s:
See Attached.
READCAREFULLY
For a∥accident claims place on fo!lowing diagram names of streets,including North,East South,and Westi indicate place
of accident by∥XH and by showing house numbers or distances to street corners
38x拙 孵 1脚 踊器 j可 鴫 il常緊 fi「織 11麗 Ⅷξ群馳出f母 1酬 I:認 惚1訃 蹴 躍:IΨ熙|by"X"
NOTE: tf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AU丁 OMOBILE ACCIDENttS
回L
ア∧ハ /
FOR OttHER ACCIDENttS
Ctl魯 鸞、
I declare, under that the
Typed/Printed Name
Ryan A. Casey
Attorney for Claimant
営舗16■窪W鍔 Il踏 漱:L55♀:[翠選よ、精:鷺 Ψ闇鞍ag9蕊 譜避顎
true and correct.
Date
5ノ 15/2019
TH PRESENTAT10N OF A FALSE CLAIM IS A FELONY(CALLAW PROVIDES THATIF YOU ARE NOT NOTIFIED OF ANYDENIED(SEE GOV CODE SEC 9116&9124) Rev 874716
includi
ACT10N BY THE CITY OF THIS CLAIM VVITHIN 45 DAYS OF FILING THEN THE CLAIM IS Page 31 of 508
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PANISH SHEA & BOYLE LLP
BRIAN J. PANISH, State Bar No. I 16060
panish@psblaw.com
ADAM SHEA, State Bar No. 166800
shea@psblaw.com
RYAN A. CASEY, State Bar No. 271865
casey@psblaw.com
NICHOLAS W. YOKA, State Bar No. 314906
yoka@psblaw.com
11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
Telephone: 310.477 .17 00
Facsimile: 3 10.477 .1699
Attorneys for Claimant
CHRISTIAN VINCENT NIIIRANDA,an
individual,
Claimant,
V.
CITY OF VERNON and DOES l-50,
inclusive,
SUPERIOR COURT OF TⅡE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES‐CENTRAL DISTRICT
Case No.
GOVERNⅣIENT CLAITⅦ PURSUANT T0GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGES
Respondents.
Pursuant to the provisions of $$905 and 910 et seq., of the California Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES l-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
California. In support of this claim, the following information is submitted:
ilt
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 32 of 508
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1. Claimant: CHRISTIAN VINCENT MIRANDA, an individual for the wrongful
death of his father, Carlos Sanchez.
2. Address to Which Claimants Wish Correspondence to be Mailed:
Brian J. Panish, Adam K. Shea, Ryan A. Casey, and Nicholas W. Yoka at Panish Shea &
Boyle, LLP, 111l1 Santa Monica Boulevard, Suite 700, Los Angeles, CA 90025, Telephone
number (310) 477-1700; Fax number (310) 477-1699.
3. Nature of Injuries: Claimant is the surviving son of Decedent, Carlos Sanchez
("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of a
construction zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in the
City of Vernon, County of Los Angeles, State of California. ("Subject Intersection"). Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death ("Subject Incident"). Claimant has sustained expenses for the services of
hospitals, physicians, surgeons, nurses, and the like, who were employed to care for and treat
Decedent and furthermore suffered the loss of love, affection, society, service, comfort, support,
right of support, expectations of future support, and counseling, companionship, solace and mental
support, as well as other benefits and assistance of his father.
4. Amount of Claimed Damages: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of California, Unlimited Jurisdiction. Damages are in excess of $20 million.
2 r,3
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5. Date Damage Occurred: Decedent suffered fatal injuries on January 1,2019.
6. Place Where Dama&e Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of California.
7. Governmental Entities Alleeed to be At Fault: CITY OF VERNON ("CITY") a
public entity.
8. Names. Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Yelez (Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
All other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
9. Nature of Case: On or about January 1,2019, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout ofa construction zone located Subject Intersection.
r).
'kn i
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE S 9OO, ET SEQ., FOR DAMAGESPage 34 of 508
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization of the Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the construction zone barriers, lighting, warning signs, layout,
delineators, warning signs and other insufficient traffic control in and around the Subject
Intersection.
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
a. The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insufficient and/or
defective, barriers, waming signs or signals, or other forms of warning to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the constructionzone at the Subject
Intersection;
c. The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating and/or aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous construction zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
hA
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J.
ConstructionZone;
k.
The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming construction zone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffic and with the safe
operation of vehicles;
The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the Construction Zone;
The absence of any protective device to prevent vehicles from entering the
The design and condition of the SUBJECT INTERSECTION and adjacent
property led motorists to travel and encroach upon the construction zone, exposing motorists to
injury; and
l. Such other conditions unknown to Plaintiff at this time, but which may be
established through discovery.
m. The SUBJECT INTERSECTION lacks any, or has insufficient, warning
signs, either temporary or perrnanent, that would provide warning to persons approaching the
Subject Intersection about the dangerous conditions described herein.
n. Any existing warning signs, either temporary or perrnanent, that would
provide warning to persons encountering the dangerous conditions of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, were
defective, inadequate, and/or nor properly functioning.
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ERNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 36 of 508
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance, repair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount,type, direction, and speed of
traffic on the SUBJECT INTERSECTION.
10. Claimant fuither is informed and believes that the CITY, caused, created, and/or
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
ConstructionZone area. Claimant is funher informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the construction zone, created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
control, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
occurred, including but not limited to, property adjacent to the construction zone.
1 1. At said time and place, the CITY, by and through their employees, agents, servants,
and independent contractors, proximately caused the fatal injuries to Decedent and Claimant's
resulting damages by negligently, wantonly, recklessly, tortuously, wrongfully, unreasonably, and
unlawfully:
a. Planning,designing,constructing,owning,possessing,controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
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INTERSECTION and adjacent property, including, but not limited to, the layout of the
construction zone area.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
configurations, geometrics, sight distances, absence of traffic control devices, and waming devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
c. Failing to guard, warn, and protect motorists from hazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing,constructing,owning,supervising,controlling,testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install waming signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
f. Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to warn and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control traffic at
or near the construction zone of the danger.
g. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
approved by any appropriate and responsible governmental entity or any delegates and agents
thereof;
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h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the constructionzone, was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT INTERSECTION and its adjacent property, including, but
not limited to, the construction zone, were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, warnings, or other measures necessary to
prevent incidents of the type that occurred in this case;
L There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the constructionzone,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was further negligence in the failure to warn of these known risks and hazards, some
GOVERNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 39 of 508
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of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk orhazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to warn of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide warnings and/or
remove the risk or hazard; and
n. The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffic pattems and usage of the
property since its original design and construction.
12. Reservation of Right to Amend and/or Supplement Claim: Claimant reserves the
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to filing a claim, but there was no response. Accordingly, these claims are being
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 40 of 508
made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
10
GOVERNMENT CODE $ 900, ET SEQ',DAMAGESPage 41 of 508
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS1. Claims for death, injury to person or to personal property must be filed not later
than six (6) months after the occurrence. (Gov. Code Sec 91 12)2. Claimsfor damages to real property must beflled not laterthan one (1) year
after the occurrence. (Gov. Code Sec.91 1.2)3. Read entire claim before filing.4. See page 2 for diagram upon which to locate place of accident5. This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET7. Claim must be filed with City Clerk. (Gov.Code Sec. 915a)
RESERVE FOR FILING SttAMP
CLA!M No
EOV EITY ttLERttS OFFICF_
職EEEIIJED
:3魯 i5攣丁0: CITY OF VE lTY
Christopher M. Miranda, minor GAL, Christina Sanchez 12 years old
11111Santa Monica Blvd., Suite 700, Los Angeles, CA 90025 (310)477-1700
Business Address of Claimant elephone Number
(310)477…1700
Give address to which you desire notices or communications to be sent regarding this claim:
Attn: Ryan Casey, Panish Shea Boyle LLP, 11111 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025
How did DAMACE oriN」URY occur?Give full particulars
See Attached.
VVhen did DAMAGE oriNJURY occur? G市 e full particulars,date,lme of day,etc:
See Attached.
WheredidDAMAGEorlNJURYoccur? Describefully,andlocateondiagramonreversesideofthissheet, where
approximate, give street names and address and measurements from landmarks:
See Attached.
VVhatparticularACttorOMISS:ON doyOuclaim causedthe iniury Ordamage?GivenamesofClyemp!oyees,r any,
causingthe iniury Or damage,if known:
See Attached.
lrVhat DAMAGE oriN」 URIES do yOu claim resuted? G市 e fu!!extent of iniunes Or damages claimed:
See Attached.
WhatAMOUNTdo youclaimof each item of injury ordamageasof dateof presentationofthisclaim, giving basisof
computation:
See Attached.
G市 eESTIMATEDAMOUNTas farasknownyouclaimonaccountofeach nem ofprOspeclve iniury ordamage,9ivingbasisof computationi
See Attached.
Page 42 of 508
Were you insured at the tirTle ofthe incident?lf so,provide name ofinsurance oompany,po!icy numbers and amount ofinsurance
payments received:
See Attached.
Expenditures made on account of accident or lnjury: (Date - ltem)
See Attached.
(Amount)
Name and address of Witnesses,Doctors and Hospita:s:
See Attached.
READCAREFULLY
For all accident claims place on following diagram names of streets, including North, East. South, and West: indicate place
of accident by "X" and by showing house numbers or distances to street corners.
lf City Vehicle was lnvolved, designate by letter'A" location of City vehicle when you first saw it, and by llA" lo-cation of-yourself
or your vehicle when you first saw City vehicl'e; location of City vehicle at time of accident by 'A-1" and location of yourself or your
vehicle at the time of accident by "8 1" and the point of lmpact by "X."
NOTE: lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AU丁 OMOBILE ACCIDENttS
LI L
ア∧
SIDEWALK
cu繍霧、
I declare. under
Typed/Printed
Ryan A. Casey
includi true and correct.
Date
5ノ 15ノ2019
ATION OF A FALSE CLAIM IS A
LA1/V PROVIDES THATIF YOU ARE NOT NOTIFIED OF ANYDENIED(SEE COV CODE SEC 9116&9124) ReV 874′16
ant or person filing on his/her
that the
Attorney for Claimant
Page 43 of 508
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PANISH SHEA&BOYLE LLP
BRIAN J.PANISH,State Bar No.116060
′α″お乃cン sb′αW.θο“ADAM SHEA,State Bar No.166800
S力 θα(D9Sbル W.εο″RYAN A.CASEY,State Bar No.271865ε“ν@ρ S夕 αソ.`ο “NICHOLAS W.YOKA,State Bar No.314906
ッο肋@ρ Sb′α″.σ ο“1111l Santa Ⅳlonica Boulevard,Suite 700
Los Angeles,Califorllia 90025
Telephone:310.477.1700
Facsirnile:310.477.1699
Attorlleys for Claimant
CHRISTOPHERヽ 41CHAELヽ 41RANDA,an
individual,
SUPERIOR COURT OF TⅡE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES‐CENTRAL DISTRICT
Case No.
GOVERNMENT CLAIM PURSUANT TOGOVERNMENT CODE§900,ET SEQ。,FOR DAⅣIAGESClaimant,
V.
CITY OF VERNON and DOES
inclusive,
Respondents.
Pursuant to the provisions of $$905 and 910 et seq., of the California Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES 1-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
Califomia. In support of this claim, the following information is submitted:
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 44 of 508
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1. Claimant:CHRISTOPHER NIIICHAELヽ 41RANDA,an indi宙 dual for the
wrongful death ofhis father,Carlos Sanchez.
2. Address to Which Claimants Wish Corcspondencc to be Mailed:
Brian J.Panish,Adaln K.Shea,Ryan A.Casey,and Nicholas W.Yoka at Panish Shea&
Boyle,LLP,1111l Santa NIIonica Boulevard,Suitc 700,Los Angeles,CA 90025,Telephone
nurnber(310)477-1700;Fax number(310)477-1699.
3. Nature of Injuries: Claimant is the surviving son of Decedent, Carlos Sanchez
("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of a
construction zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in the
City of Vernon, County of Los Angeles, State of California. ("Subject Intersection"). Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death ("Subject Incident"). Claimant has sustained expenses for the services of
hospitals, physicians, surgeons, nurses, and the like, who were employed to care for and treat
Decedent and furthermore suffered the loss of love, affection, society, service, comfort, support,
right of support, expectations of future support, and counseling, companionship, solace and mental
support, as well as other benefits and assistance of his father.
4. Amount of Claimed Damages: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of California, Unlimited Jurisdiction. Damages are in excess of $20 million.
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5. Date Damag.e Occurred: Decedent suffered fatal injuries on January 1,2019.
6. Place Where Damage Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of California.
7. Governmental Entities Alleged to be At Fault: CITY oF vERNoN ("GITY") a
public entity.
8. Names" Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Velez (Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
All other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
g. Nature of Case: On or about January 1,2019, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout ofa construction zone located Subject Intersection.
3 ' t.''.''.j;,,
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization of the Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the construction zone barriers, lighting, warning signs, layout,
delineators, warning signs and other insufficient traffic control in and around the Subject
Intersection.
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
a. The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insufficient and/or
defective, barriers, warning signs or signals, or other forms of warning to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the construction zone at the Subject
Intersection;
c. The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating and/or aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous constructio n zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
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The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming constructiolzone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffic and with the safe
operation of vehicles;
The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the Construction Zone;
j
ConstructionZone;
k.
property led motorists
injury; and
1. Such other conditions unknown to Plaintiff at this time, but which may be
established through discovery.
m. The SUBJECT INTERSECTION lacks any, or has insufficient, warning
signs, either temporary or perrnanent, that would provide warning to persons approaching the
Subject Intersection about the dangerous conditions described herein.
n. Any existing waming signs, either temporary or pennanent, that would
provide warning to persons encountering the dangerous conditions of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, were
defective, inadequate, and/or nor properly functioning.
The absence of any protective device to prevent vehicles from entering the
The design and condition of the SUBJECT INTERSECTION and adjacent
to travel and encroach upon the construction zone, exposing motorists to
coDE $ 900, ET SEQ', FOR DAMAGESPage 48 of 508
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance, repair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount, typ€, direction, and speed of
traffic on the SUBJECT INTERSECTION.
10. Claimant further is informed and believes that the CITY, caused, created, andlor
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
ConstructionZone area. Claimant is further informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the constructionzone, created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
control, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
occurred, including but not limited to, property adjacent to the construction zone.
1 1. At said time and place, the CITY, by and through their employees, agents, servants,
and independent contractors, proximately caused the fatal injuries to Decedent and Claimant's
resulting damages by negligently, wantonly, recklessly, tortuously, wrongfully, unreasonably, and
unlawfully:
a. Planning,designing,constructing,owning,possessing,controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 49 of 508
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INTERSECTION and adjacent property, including, but not limited to, the layout of the
constructio n zone ar ea.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
configurations, geometrics, sight distances, absence of traffic control devices, and warning devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
c. Failing to guard, warn, and protect motorists from hazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing,constructing,owning,supervising,controlling,testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install warning signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
f. Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to warn and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control traffic at
or near the construction zone ofthe danger.
e. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the constructio n zorre, was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
approved by any appropriate and responsible governmental entity or any delegates and agents
thereof;
T CODE $ 900, ET SEQ', FOR DAMAGESPage 50 of 508
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h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the construction zone, was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
i. To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT INTERSECTION and its adjacent property, including, but
not limited to, the construction zone, were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, warnings, or other measures necessary to
prevent incidents of the type that occurred in this case;
l. There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the constructionzone,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was further negligence in the failure to warn of these known risks and hazards, some
・ ||_:
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 51 of 508
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of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk orhazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to wam of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide warnings andlor
remove the risk or hazard; and
n. The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffic patterns and usage of the
property since its original design and construction.
12. Reservation of Right to Amend and/or Supplement Claim: Claimant reserves the
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to filing a claim, but there was no response. Accordingly, these claims are being
covenNvteNT CLAIM PURSUANT TO GOVERNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 52 of 508
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made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
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DE S 900, ET SEQ', FOR DAMAGESPage 53 of 508
CLAiM FOR DAMAGES
TO PERSON OR PROPERTY
RESERVE FOR F:LING STAMP
CLAIM No
こOtl EITY ELERrS OFFICE
REEEIUED
∥AY20'19・ 「12:39:46
INSTRUCTIONS1. Claims for death, injury to person or to personal property must be tiled not later
than six (6) months affer the occurrence. (Gov. Code Sec. 91 'l 2)2. Claims for damages lo realproperty must befiled not laterthan one (1) year
after the occurrence. (Gov. Code Sec 91 'l.2)
3. Read entire claim before filing.4. See page 2 for diagram upon which to locate place of accident5. This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET7. Claim must be liled with City Clerk. (Gov.Code Sec. 915a)
Carlos Sanchez,minor GAL, Christina Sanchez 7 years old
'l 1111 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025 (310)477-1700
Address
(310)477‐1700
Give address to which you desire notices or communications to be sent regarding this claimi
Attn:Ryan Casey,Panish Shea Boyle LLP,1111l Santa Monica Blvd,Sule 700,Los Angeles,CA 90025
How did DAMAGE or INJURY occur? Give full particulars.
See Attached.
Vυ hen did DAMAGE orlN」URY occur?date, time of day, etc.:
See Attached
orlNJURYoccur? Describe fully. and locateon diagram on reverse
approximate,91ve street names and address and measurements from landmarks:
See AttaChed
@caUSedtheinjuryordamage?GivenameSofCityempIoyees,ifany,causingthe iniury or damage, f knowni
See Attached
What DAMACE orlN」UR!ES do you clalm resuked? Give fu∥extent of iniu∥eS Or damages claimed:
See Aftached.
@njUryordamageaSofdateofpreSentationofthisclaim,giVingbasiSof
computat oni
See Attached
GⅣe ES￢MATED AMOUNT asね rasknownyou dam onaccOut t each temび pЮ spemve ⅢuⅣ ordamagQ gMng
basisof COmputationi
See Attached
Page 54 of 508
Were you insured at the time of the incident? lf so, provide name of insurance company, poliry numbers-nO-moun[oi insurancepayments received:
See Attached.
Expenditures made on account of accident or lnjury: (Date - ltem)
See Attached.
(Amount)
Name and address ofVVitnesses,Doctors and Hospita!s:
See Attached.
READ CAREFULLY
For a∥accident claims place on fo∥owing diagram names of streets,including North,East South,and VVest indicate place
of accident by"Xl'and by showing hOuse numbers or distances to street corners
%X躍 響惜tttЪ :跳 織 :群 亀γ蹴F楓 督冒∥:3β揺路emde ttlme d acddent by松 」mand bctton d youβ 釧∝yow
by“X∥
NOTE: lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUttOMOBILE ACCIDENttS
鷹L
アA＼ /
FOR OttHER ACCIDENttS
奪導羅機、
true and correct.under that the
Ryan A. Casey
Attorney for Claimant
営X18■窪Wttll晰 漸:私 5:♀:[晉蔦よ、情5髯 Ψ闇疑239罷 雷避y洲|attachments, is
Datei
5/15/2019
AT10N OF A FALSE CLAIM IS A
LAVV PROVIDES THATIF YOU ARE NOT NOTIFIED OF ANY
DENIED(SEE GOヽ ノCODE SEC 911 6&9124)
inc:udi
ant or person filing on his/her
ACTiON BY THE CITY OF THiS CLAIM WITHIN 45 DAYS OF FILING THEN THE CLAIM IS Page 55 of 508
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PANISH SHEA&BOYLE LLP
BRIAN J.PANISH,State Bar No.116060
′α″なん(Dりsbル″・εο“ADAM SHEA,State Bar No.166800
S力 ια(D9Sbル W・
`ο “RYAN A.CASEY,State Bar No.271865ε“ν@ρ SbルW・ εο“NICHOLAS W.YOKA,Statc Bar No.314906
ッο肋@ρ Sbル″・σο“1111l Santa bllonica Boulevard,Suite 700
Los Angeles,Califonlia 90025
Telephonc:310.477.1700
Facsillnile:310.477.1699
Attorneys for Claimant
SUPERIOR COURT OF TⅡE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES…CENTRAL DISTRICT
Casc No.
GOVERNMENT CLAIM PURSUANT TOGOVERNⅣIENT CODE§900,ET SEQ.,FOR DAMAGES
Pursuant to the provisions of $$905 and 910 et seq., of the California Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES 1-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
California. In support of this claim, the following information is submitted:
/il
・|■ア
CARLOS SANCHEZ,JR.,an individual,
Claimant,
V。
CITY OF VERNON and DOES l-50,
inclusive,
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGES
Respondents.
Page 56 of 508
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1. Claimant: CARLOS SANCHEZ, JR., an individual for the wrongful death of his
father, Carlos Sanchez.
2. Address to Which Claimants Wish Correspondence to be Mailed:
Brian J. Panish, Adam K. Shea, Ryan A. Casey, and Nicholas W. Yoka at Panish Shea &
Boyle, LLP, 111l1 Santa Monica Boulevard, Suite 700, Los Angeles, CA 90025, Telephone
number (310) 477-1700; Fax number (310) 477-1699.
3. Nature of Injuries: Claimant is the surviving son of Decedent, Carlos Sanchez
("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of a
construction zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in the
City of Vemon, County of Los Angeles, State of California. ("Subject Intersection"). Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death ("Subject Incident"). Claimant has sustained expenses for the services of
hospitals, physicians, surgeons, nursss, and the like, who were employed to care for and treat
Decedent and furthermore suffered the loss of love, affection, society, service, comfort, support,
right of support, expectations of future support, and counseling, companionship, solace and mental
support, as well as other benefits and assistance of his father.
4. Amount of Claimed Damages: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of California, Unlimited Jurisdiction. Damages are in excess of $20 million.
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE S 9OO, ET SEQ., FOR DAMAGESPage 57 of 508
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5. Date Damage Occurred: Decedent suffered fatal injuries on January 1,2019.
6. Place Where Damage Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of California.
7. Govel■mentdI〕ntities“J』eted■o be At Fault: CITY OF VERNON(``CITY'')a
public entity。
8. Names. Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Yelez (Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
All other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
g. Nature of Case: On or about January 1,2019, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout of a construction zone located Subject Intersection.
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GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 58 of 508
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization of the Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the constructionzone barriers, lighting, warning signs, layout,
delineators, warning signs and other insufficient traffic control in and around the Subject
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insufficient and/or
defective, barriers, warning signs or signals, or other forms of warning to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the construction zone at the Subject
Intersection;
The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating and/or aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous construction zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
ilt
DE $ 900, ET SEQ', FOR DAMAGESPage 59 of 508
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f. The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming construction zone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffrc and with the safe
operation of vehicles;
i. The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the Construction Zone;
j. The absence of any protective device to prevent vehicles from entering the
ConstructionZone;
k. The design and condition of the SUBJECT INTERSECTION and adjacent
property led motorists to travel and encroach upon the construction zone, exposing motorists to
injury; and
1. Such other conditions unknowll to Plaintiffat this tilne,but which inay be
established through discovery.
m. The SUBJECT INTERSECTION lacks any,or has insufflcient,warlling
signs,either temporary or pellllanent,that would provide warmng to persons approaching the
SutteCt lntersection about the dangerous conditions described herein.
n. Any existing warning signs,either temporary or pe.1..anent,that would
provide warning to persons encountering the dangerous conditions ofthe SUBJECT
INTERSECTION and attacent prOperty,including,but not limited to,the construction zone,were
defective,inadequate,and/or nor properly hnctioning.
///
5 1ダ 1.(丸
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ。,FOR DAMAGESPage 60 of 508
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance, repair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount, type, direction, and speed of
traffic on the SUBJECT INTERSECTION.
10. Claimant further is informed and believes that the CITY, caused, created, and/or
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
ConstructionZone area. Claimant is further informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the constructionzone, created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
control, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
occurred, including but not limited to, property adjacent to the construction zone'
11. At said time and place, the CITY, by and through their employees, agents, servants,
and independent contractors, proximately caused the fatal injuries to Decedent and Claimant's
resulting damages by negligently, wantonly, recklessly, tortuously, wrongfully, unreasonably, and
unlawfully:
a. Planning,designing,constructing,owning,possessing,controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
DE $ 900, ET SEQ., FOR DAMAGESPage 61 of 508
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INTERSECTION and adjacent property, including, but not limited to, the layout of the
constructionzone area.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
configurations, geometrics, sight distances, absence of traffic control devices, and warning devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
c. Failing to guard, wam, and protect motorists from hazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing,constructing,owning,supervising,controlling,testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install waming signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
f. Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to warn and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control trafftc at
or near the construction zone of the danger.
g. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the constructio n zone,was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
approved by any appropriate and responsible governmental entity or any delegates and agents
thereof;
・:`:;|
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h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the construction zone, was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT INTERSECTION and its adjacent property, including, but
not limited to, the construction zone, were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, warnings, or other measures necessary to
prevent incidents of the type that occurred in this case;
1. There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the constructionzorre,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
I
labove. There was further negligence in the failure to warn of these known risks and hazards, some
●114
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of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk or hazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to warn of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide warnings and/or
remove the risk or hazard; and
n. The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffic patterns and usage of the
property since its original design and construction.
12. Reservation of Right to Amend and/or Supplement Claim: Claimant reserves the
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to filing a claim, but there was no response. Accordingly, these claims are being
|、サ|GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 64 of 508
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made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
. Casey
1028
DE $ 900, ET SEQ', FOR DAMAGESPage 65 of 508
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
RESERVE
CLA:M
FOR
No
FIL!NG STAMP
こ曇甲EITY ELEttX'S魯 FFISE
費EEEIり ED
輔AY20'19 il112:38332
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not later
than six (6) months after the occurrence. (Gov. Code Sec.91 12)
2. Claimsfor damages to real property must befiled not laterthan one (1) year
after the occurrence. (Gov. Code Sec 911.2)3. Read entire claim before flling.4. See page 2 for diagram upon which to locate place of accident
5" This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. slGN EACH SHEET
7 . Claim must be filed with City Clerk. (Gov.Code Sec. 915a)
TO: Cl丁 Y OF VERNON CITY COUNCIL
Angel S. Miranda, minor GAL, Christina Sanchez 13 years old
11111Santa Monica Blvd., Suite 700, Los Angeles, CA 90025 (310)477-1700
Business Address of Claimant
(310)477-1700
nications to be sent regarding this claim:
Attn: Ryan Casey, Panish Shea Boyle LLP, 1 1 1 1 1 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025
How did DAMAGE or!N」URY occur?Give fuil particulars
See Attached.
llVhen did DAMAGE orlN」URY occur? Give full particu:ars,date,lme of day,etc i
See Attached.
VVhere did
approximate,9ive street
See Attached.
RY occur? Describe fully, and locateon diagram on reverse
names and address and measurements from landmarks:
sheet, where
ge? Givenamesof Cityemployees' if any'
causingthe iniury Or damage,if knowni
See Attached.
ed?Givefullextentofinjuriesordamagesclaimed:
See Attached.
fdateofpresentationofthisclaim,givingbasisof
computation:
See Attached.
basisof computation:
See Attached.
Page 66 of 508
llVere you insured at the tirne ofthe incident?lf so,provide name ofinsurance company,policy numbers and amount ofinsurance
payments received:
See Attached.
Expenditures made on account of accident or lnjury: (Date - ltem)
See Attached.
(Amount)
Name and address ofVVitnesses,Doctors and Hospitals:
See Attached.
READCAREFULLY
For a∥accident ciaims place on fo∥owing diagram names of streets,inciuding North,East South,and West indicate place
of accident by∥X∥and by showing hOuse numbers or distances to street corners
認1麟 繹 1欄 轟椰 轟 1鴫 iF点器 fi「潔ilttI獄 鷺ξ群馳織f母 ,酬 ,亀 認惚i駄 躙『1爵 Ψ則l
by∥x"
NOTE: lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUttOMOBILE ACCIDENttS
LI L
アA
FOR OttHER ACCIDENttS
I declare, under that the
Typedノ Printed
Ryan A. Casey
Attorney for Claimant
NOTE:ALL CLAIMANTS MAY BE REQUESTED TO BE EXAMINED ASPEN CODE SEC 72)CLAIMS MUST BE FILEDVVITH CITY CLERK(G
attachments
Date:
5/15ノ2019
OATH PRESENTAT10N OF A FALSE CLAIM IS A FELONY(CALTE LAW PROVIDES THATIF YOU ARE NOT NOTIFIED OF ANYDENIED(SEE COヽ /CODE SEC 911 6&9124) Rev 814′16
true and correct.includi
of Claimant or person filing on his/her behalf, giving
ACT:ON BY THE CITY OF THIS CLAIM VVITHIN 45 DAYS OF FILING THEN THE CLA!M Page 67 of 508
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PANISH SHEA&BOYLE LLP
BRIAN J.PANISH,State Bar No.H6060
′α′お乃(Dりsbルソ・εο“ADAM SHEA,State Bar No.166800Rに 、1飲 ビ爵魯ttte Bar NQ 271865
Nttl怨空響f6紅,stte Bar NQ 314906
1諸 咆γ馳肥Bodev額 軋s」∝700
::L柵 1:き 品常観♂0025
Facsiinile:310.477.1699
Attorlleys for Clairnant
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES…CENTRAL DISTRICT
ANGEL SAMUEL MIRANDA,an indi宙 dual,Case No.
GOVERNMENT CLAIM PURSUANT T0GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESV.
CITY ttF VERNON and DOES l-50,
inclusive,
Respondents.
Pursuant to the provisions of $$905 and 910 et seq., of the California Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES 1-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
California. In support of this claim, the following information is submitted:
■|GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 68 of 508
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1. Claimant: ANGEL SAMUEL MIRANDA, an individual for the wrongful death of
his father, Carlos Sanchez.
2. Address to Which Claimants Wish Correspondence to be Mailed:
Brian J. Panish, Adam K. Shea, Ryan A. Casey, and Nicholas W. Yoka at Panish Shea &
Boyle, LLP, 11111 Santa Monica Boulevard, Suite 700, Los Angeles, CA 90025, Telephone
number (310) 417-1700; Fax number (310) 477-1699.
3. Nature of Injuries: Claimant is the surviving son of Decedent, Carlos Sanchez
("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of a
construction zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in the
City of Vernon, County of Los Angeles, State of Califomia. ("Subject Intersection"). Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death ("Subject Incident"). Claimant has sustained expenses for the services of
hospitals, physicians, surgeons, nurses, and the like, who were employed to care for and treat
I Decedent and furthermore suffered the loss of love, affection, society, service, comfort, support,
right of support, expectations of future support, and counseling, companionship, solace and mental
support, as well as other benefits and assistance of his father'
4. Amount of Claimed Damages: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of Califomia, Unlimited Jurisdiction. Damages are in excess of $20 million.
‐‐|■1,
DE $ 900, ET SEQ'' FOR DAMAGESPage 69 of 508
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5. Date Damage Occurred: Decedent suffered fatal injuries on January 1,2019.
6. Place Where Damase Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of California.
7. Govemmental Entitics Allcged to be At Fault: CITY OF VERNON(``CITY'')a
8. Names. Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Velez (Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
All other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
g. Nature of Case: On or about January l,2Ol9, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout ofa construction zone located Subject Intersection.
NvENr coDE $ 9oo, ET sEQ', FoR DAMAGESPage 70 of 508
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization of the Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the construction zone barriers, lighting, warning signs, layout,
delineators, waming signs and other insufficient traffic control in and around the Subject
Intersection.
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
a. The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insuffrcient and/or
defective, barriers, warning signs or signals, or other forms of warning to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the constructionzone at the Subject
Intersection;
c. The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating and/or aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous construction zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
'11111
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f. The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming constructionzone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffic and with the safe
operation of vehicles;
i. The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the ConstructionZone;
j. The absence of any protective device to prevent vehicles from entering the
ConstructionZone;
k. The design and condition of the SUBJECT INTERSECTION and adjacent
property led motorists to travel and encroach upon the construction zone, exposing motorists to
injury; and
l. Such other conditions unknown to Plaintiff at this time, but which may be
established through discovery.
m. The SUBJECT INTERSECTION lacks any, or has insufficient, waming
signs, either temporary or peffnanent, that would provide warning to persons approaching the
Subject Intersection about the dangerous conditions described herein.
n. Any existing waming signs, either temporary or pernanent, that would
provide warning to persons encountering the dangerous conditions of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, were
defective, inadequate, and/or nor properly functioning.
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 72 of 508
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance,tepair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount, type, direction, and speed of
traffic on the SUBJECT INTERSECTION.
10. Claimant further is informed and believes that the CITY, caused, created, and/or
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
Constructio n Zone area. Claimant is further informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the constructio n zone) created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
lcontrol, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
I
I occurred, including but not limited to, property adjacent to the construction zone.
H. At said time and place,the CITY,by and through their cmployees,agents,seⅣants,
and indepcndent contractors,proximately caused thc fatal tturies tO Deccdent and Claim狙 ぜs
resulting damages by negligently,wantonly,recklessly,tortuously,wrongfully,ullreasonably,and
unla、vfully:
///
///
// /
11'1‐″:GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ"FOR DAMAGESPage 73 of 508
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a. Planning, designing, constructing, owning, possessing, controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the layout of the
construction zone area.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
configurations, geometrics, sight distances, absence of traffic control devices, and warning devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
Failing to guard, wam, and protect motorists from hazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing,constructing,owning,supervising,controlling,testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install warning signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
f. Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to warn and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control traffic at
or near the construction zone ofthe danger.
g. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the constructiorrzone, was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
7,
';,:,. :|;
COVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 74 of 508
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approved by any appropriate and responsible governmental entity or any delegates and agents
thereof;
h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the construction zone, was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT NTERSECTION and its adjacent property, including, but
not limited to, the constructionzone,were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, warnings, or other measures necessary to
prevent incidents of the type that occurred in this case;
l. There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
■■|‐
DE $ 900, ET SEQ'' FOR DAMAGESPage 75 of 508
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employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was further negligence in the failure to warn of these known risks and hazards, some
of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk orhazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to wam of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide warnings and/or
remove the risk or hazard; and
n. The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffic patterns and usage of the
property since its original design and construction.
Claimant reserves thet2.
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to filing a claim, but there was no response. Accordingly, these claims are being
T CODE $ 900, ET SEQ', FOR DAMAGESPage 76 of 508
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made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
CLAIM PURSUANT TO GOVERNMENT SEQ., FOR DAMAGESPage 77 of 508
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS1. Claims for death, injury to person or to personal property must be filed not later
than six (6) months after the occurrence. (Gov. Code Sec. 91 1 2)2. Claimsfor damages to real property must befiled not laterthan one (1) year
after the occurrence. (Gov. Code Sec 91 1.2)3. Read entire claim before filing.4. See page 2 for diagram upon which to locate place of accident5. This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET7. Claim must befiled with City Clerk. (Gov.Code Sec.915a)
RESERVE FOR
CLAIM No
F:L:NC STAMP
EOV EIttT cLERttsoFFIEE
震EEEIttE難
網AY慶 者'19P,112:4o言 20
TO: CITY :TY COUNC:L
Name o
Aiddan Matthew Sanchez, minor GAL, Christina Sanchez 2 years old
11111Santa Monica Blvd., Suite 700, Los Angeles, CA 90025 (310)477-1700
Business Address of Claimant City and State Business
(310)477-1700
Give address to which you desire notices or communications to be sent regarding this claim:
Attn: Ryan Casey, Panish Shea Boyle LLP, 11111 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025
How did DAMAGE orlN」URY occur?G市 e ful!particulars
See Attached.
VVhen did DAMAGE orlN」URY occur? G"e full particulars,date,lme of day,etc i
See Attached.
Where did DAMAGE orlNJURY occur? Describe fu∥y,and!ocateondiagramonreversesideofthissheet,where
approximate,give street names and address and rneasurements from!andmarks:
See Attached.
\MatparticularACTorOMlsslONdoyouclaimcausedthe injury ordamage? Givenamesof Cityemployees, if any,
causingthe injury or damage, if known:
See Attached.
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
See Attached.
WhatAMOUNTdo youclaimof each item of injury ordamageasof dateof presentationofthisclaim, givingbasisof
computation:
See Attached.
GiveESTIMATEDAMOUNTas farasknownyouclaimonaccountof each item of prospective injury ordamage,giving
basisof computation
See Attached.
Page 78 of 508
llVere you insured at the tirne ofthe incident?!f so,provide name ofinsurance oompany,policy numbers and amount ofinsurance
payments received:
See Attached.
Expenditures made on account of accident oriniury:(Date―!tem)
See Attached.
(Amount)
Name and address of Witnesses,Doctors and Hospitals:
See Attached,
READCAREFULLY
For a∥accident claims place on following diagram names of streets,including North,East South,and Westl indicate place
of accident by"X∥and by showing house numbers or distances to street corners
lf City vehicle was lnvolved,designate by letter A"location of(〕ity vehlcle when you first saw it,and by"B"location of yourself
%X胤 51階ittЪ /gどJ鳳 酬宅斗曙階鷺」冒∥『:β :溜 群宙蒙/1me d acddent byい 」Hand bcatonび youに 引餅yow
NOTE. lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENTS
鷹L
ア∧、＼ /
under
Ryan A. Casey
Attorney for Claimant
NOTE:ALL CLAIMANTS MAY BE REQUESTED TO BE EXAMINED AS TOPEN CODE SEC 72)CLAIMS MUSI BE FILED VVITH CITY CLERK(COV
includi
915a)STATE
true and correct.
Date
5/15ノ 2019
ALSE CLAIM IS A FELONY
THATIF YOU ARE NOT NOTIFIED OF ANY
,that the
ACT10N BY THE CITY OF THIS CLAIM W THIN 45 DAYS OF FILING THEN iS DEEMED (SEE COV CODE SEC 9116&9124)Page 79 of 508
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AIDDAN MATTHEW SANCHEZ,an
individual,
PANISH SHEA&BOYLE LLPBRIAN J.PANISH,State Bar No.H6060
′αη′SttCpsわ ′α″・εθ“ADANISHEA,State Bar No.166800
sttθ α(a9Sbル ″εο“RYAN A.CASEY,State Bar No.271865εαSヮ @ρ Sわ ′αw.εθ〃NICHOLAS W.YOKA,State Bar No.314906
ッο肋@ρ Sb″″・εο″
1111l Santa Ⅳlonica Boulevard,Suite 700
Los Angeles,California 90025
Telephone:310.477.1700
Facsilnile:310.477.1699
Attorlleys for Claimant
SUPERIOR COURT OF TⅡE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES―CENTRAL DISTRICT
Casc No.
GOVERNMENT CLAITⅦ PURSUANT TOGOVERNMENT CODE§900,ET SEQ.,FOR DAMAGES
V.
CITY OF VERNON and DOES l…50,
inclusive,
Respondellts.
Pursuant to the provisions of $$905 and 910 et seq., of the California Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES 1-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
California. In support of this claim, the following information is submitted:
●1‐rl｀ア 1 /
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ。,FOR DAMAGESPage 80 of 508
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l. Claimant: AIDDAN MATTHEW SANCHEZ, an individual forthe wrongful death
of his father, Carlos Sanchez.
2. Address to Which Claimants Wish Correspondence to be Mailed:
Brian J. Panish, Adam K. Shea, Ryan A. Casey, and Nicholas W. Yoka at Panish Shea &
Boyle, LLP, I1111 Santa Monica Boulevard, Suite 700, Los Angeles, CA 90025, Telephone
number (310) 477-1700; Fax number (310) 477-1699.
3. Nature of Lluries: Claimant is the surviving son of Decedent, Carlos Sanchez
("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of a
constructior.zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in the
City of Vernon, County of Los Angeles, State of California. ("Subject Intersection"). Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death ("Subject Incident"). Claimant has sustained expenses for the services of
hospitals, physicians, surgeons, nurses, and the like, who were employed to care for and treat
Decedent and furthermore suffered the loss of love, affection, society, service, comfort, support,
right of support, expectations of future support, and counseling, companionship, solace and mental
support, as well as other benefits and assistance of his father.
4. Amount of Claimed Damages: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of California, Unlimited Jurisdiction. Damages are in excess of $20 million.
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 81 of 508
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5. Date Damage Occurred: Decedent suffered fatal injuries on January 1,2019.
6. Place Where Damage Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of Califomia.
7. Governmental Entities Alleged to be At Fault: CITY oF VERNON ("CITY") a
public entity.
8. Names. Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Velez (Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
A1l other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
9. Nature of Case: On or about January 1,2019, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insuffrcient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout ofa construction zone located Subject Intersection.
GOVERNMENT CLAIM eURSUAM tO COvSnNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 82 of 508
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization of the Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the construction zone barriers, lighting, warning signs, layout,
delineators, warning signs and other insufficient traffic control in and around the Subject
Intersection.
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
a. The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insufficient and/or
defective, barriers, waming signs or signals, or other forms of warning to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the construction zone at the Subject
Intersection;
c. The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating andlor aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous construction zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
■
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 83 of 508
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f. The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming construction zone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffic and with the safe
operation of vehicles;
i. The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the Construction Zone;
j. The absence of any protective device to prevent vehicles from entering the
ConstructionZone;
k. The design and condition of the SUBJECT INTERSECTION and adjacent
property led motorists to travel and encroach upon the construction zone, exposing motorists to
injury; and
1. Such other conditions unknown to Plaintiff at this time, but which may be
established through discovery.
m. The SUBJECT INTERSECTION lacks any, or has insufficient, warning
signs, either temporary or pernanent, that would provide waming to persons approaching the
Subject Intersection about the dangerous conditions described herein.
n. Any existing warning signs, either temporary or perrnanent, that would
provide warning to persons encountering the dangerous conditions of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, were
defective, inadequate, and/or nor properly functioning.
|■|| |■
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ。,FOR DAMAGESPage 84 of 508
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance, repair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount, type, direction, and speed of
traffic on the SUBJECT INTERSECTION.
10. Claimant further is informed and believes that the CITY, caused, created, and/or
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
Construction Zone area. Claimant is further informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the construction zone, created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
control, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
occurred, including but not limited to, property adjacent to the construction zone.
I l. At said time and place, the CITY, by and through their employees, agents, servants,
and independent contractors, proximately caused the fatal injuries to Decedent and Claimant's
resulting damages by negligently, wantonly, recklessly, tortuously, wrongfully, unreasonably, and
unlawfully:
a. Planning,designing,constructing,owning,possessing,controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 85 of 508
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INTERSECTION and adjacent property, including, but not limited to, the layout of the
construction zone area.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
configurations, geometrics, sight distances, absence of traffic control devices, and warning devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
c. Failing to guard, warn, and protect motorists fromhazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing,constructing,owning,supervising,controlling,testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install warning signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to wam and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control traffic at
or near the construction zone ofthe danger'
g. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the constructiorrzone,was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
approved by any appropriate and responsible govemmental entity or any delegates and agents
thereof;
MENT CODE $ 900, ET SEQ', FOR DAMAGESPage 86 of 508
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h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the constructioflzone, was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
i. To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the constructionzone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT INTERSECTION and its adjacent property, including, but
not limited to, the construction zone, were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, warnings, or other measures necessary
to prevent incidents of the type that occurred in this case;
l. There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the constructionzone,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
labove. There was further negligence in the failure to warn of these known risks and hazards, some
ERNMENT CODE $ 900, ET SEQ., FOR DAMAGESPage 87 of 508
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of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk orhazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to warn of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide wamings and/or
remove the risk or hazard; and
The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffic pattems and usage of the
property since its original design and construction.
12. Reservation of Right to Amend and/or Supplement Claim: Claimant reserves the
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to filing a claim, but there was no response. Accordingly, these claims are being
\*Y)
MENT CODE $ 900, ET SEQ', FOR DAMAGESPage 88 of 508
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made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
■1111110
AttornEys for Clai
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE $ 9OO, ET SEQ., FOR DAMAGESPage 89 of 508
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS
1 . Claims for death, injury to person or to personal property must be filed not later
than six (6) months after the occurrence. (Gov. Code Sec.9112)2. Claims for damages to realproperty must be filed not later than one ('l ) year
after the occurrence. (Gov. Code Sec.91 1.2)3. Read entire claim before filing.4. See page 2 for diagram upon which to locate place of accident5. This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET7. Claim must be filed with City Clerk. (Gov.Code Sec. 915a)
RESERVE FOR
CLAIM No
F LING STAMP
[OV EIIV ELERr5 0FFIEE
REEEIVED
鵠AY2111i9・ 111141:01
Jasmine Sanchez, minor GAL, Christina Sanchez 4 years old
1111l Santa Monica Blvd,Suite 700,Los Angeles,CA 90025 (310)477-1700
(310)477‐1700
Give address to which you desire notices or communications to be sent regarding this claim:
Attn: Ryan Casey, Panish Shea Boyle LLP, 11111 Santa Monica Blvd., Suite 700, Los Angeles, CA 90025
How did DAMAGE orlN」URY occur?Give fu∥particulars
See Attached
When did DAMAGE orlN」U RY occur? Give fu∥part cu ars,date,tme of day,etc:
See Attached
on reverse
approximate,9ive street names and address and measurements from landmarksi
See Attached
What particularACT or OM ISSION doyouclaim causedthe injury ordamage? Givenamesof Cityemployees, if any,
causingthe injury or damage, if known:
See Attached.
vvhat DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
See Attached.
WhatAMOUNTdo yorrclairrdeach item of injury ordamageasof dateof presentation of this claim, givingbasisof
computation:
See Attached.
o
basisof computation.
See Attached.
Page 90 of 508
一
Were you insured at the time of the incident? lf so, provide name of insurance company, policy numbers and amount of insurance
payments received:
See Attached.
Expenditures made on account of accident orlnjury:(Date―ltem)
See Attached.
(Amount)
Name and address of Witnesses,Doctors and Hospitalsi
See Attached.
READ CAREFULLY
For a∥accident claims place on fo∥owing diagram names of streets,including North,East South,and VVest indicate place
of accident byl'X:'and by showing house numbers or distances to street corners
闇朧獣階木 Ъ理 解 群11跨ilittfi「認il議留ぼⅧ ξ群馳出∫母1酬 nd"Wb酬 mJp『∞rll'and location of yourself or your
by∥X"
NOTE: tf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENttS
回L
ア∧
FOR OttHER ACCIDENttS
under
Typed/Printed Name:
Ryan A. Casey
Attorney for Claimant
営図16■窪Wttll晰 漱:記 5:98[ご 思R、情5髯 電霞へ239g思 譜鑽鵠磐:∬黒含
true and correct.
Datei
5/15/2019
RESENiAT10N OF A FALSE CLAIM iS A FELONY(CALPROVIDES THATIF YOU ARE NOT NOTIFIED OF ANYNIED(SEE GOV CODE SEC 9116&9124) Rev e′
4′16
that the
Signature of Clagqant or person filing on his/her behalf, giving
ACT10N 8Y THE CiTY OF THIS CLAIM 1/VITHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED Page 91 of 508
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PANISH SHEA&BOYLE LLP
BRIAN J.PANISH,State Bar No.116060
ραηお力(Dりsわ ルソεο″ADAM SHEA,State Bar No.166800
Sあ θα(D9Sbわ ″.ε ο“RYAN A.CASEY,State Bar No.271865ε“り@ρ SbルW.θο“NICHOLAS W.YOKA,Statc Bar No.314906
ッο肋@ρ SbルW.σο“1111l Santaヽ lonica Boulcvard,Suite 700
Los Angeles,Califorllia 90025
Telephone:310.477.1700
Facsirnile:310.477.1699
Attorllcys for Clairnant
JASMINE ANGELINA MAGDALENA
SANCHEZ,an indi宙 dual,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES…CENTRAL DISTRICT
Casc No.
GOVERNⅣIENT CLAIPIPURSUANT TOGOVERNMENT CODE§900,ET SEQ.,FOR DAⅣIAGESClaimant,
V.
CITY OF VERNON and DOES
inclusive,
Respondents.
Pursuant to the provisions of $$905 and 910 et seq., of the Califomia Government Code,
demand is hereby made by claimant against the CITY OF VERNON and DOES l-50, inclusive, in
an amount in excess of the minimum jurisdictional limits of the Superior Court of the State of
California. In support of this claim, the following information is submitted:
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 92 of 508
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1. Claimant:JASMINE ANGELINA MAGDALENA SANCHEZ,an indi宙 dual for
the wrongful death ofhcr father,Carlos Sanchez.
2. Address to Which Claimants Wish Correspondence to be Mailed:
Brian J.Panish,Adam K.Shea,Ryan A.Casey,and Nicholas W.Yoka at Panish Shea&
Boyle,LLP,1111l Santa Monica Boulevard,Suite 700,Los Angeles,CA 90025,Telephone
number(310)477-1700;Fax number(310)477-1699.
3. Nature of Injuries: Claimant is the surviving daughter of Decedent, Carlos
Sanchez ("Decedent"). Decedent was killed due to the dangerous, unsafe, and confusing layout of
a construction zone located at the intersection of Bandini Boulevard and Atlantic Boulevard, in
the City of Vemon, County of Los Angeles, State of California. ("Subject Intersection").
Decedent was traveling on a motorcycle on westbound Bandini Boulevard and as he approached
the Subject Intersection, due to inadequate lighting and warnings, confusing lane markings and
insufficient preventative measures he was diverted into a construction zone. Decedent attempted
to stop his motorcycle but was unable to, laid it down and collided with concrete barriers in the
construction zone causing his death ("Subject Incident"). Claimant has sustained expenses for the
services of hospitals, physicians, surgeons, nurses, and the like, who were employed to care for
and treat Decedent and furthermore suffered the loss of love, affection, society, service, comfort,
support, right of support, expectations of future support, and counseling, companionship, solace
and mental support, as well as other benefits and assistance of her father.
4. Amount of Claimed Damages: Claimant has sustained general damages and
special damages, including but not limited to medical expenses for the past and future, grief,
anxiety, emotional distress, and other losses. Jurisdiction over this claim rests in the Superior
Court of the State of Califomia, Unlimited Jurisdiction. Damages are in excess of $20 million.
GOVERNMENT CLAIM PURSUANT TO GOVERNMENT CODE§900,ET SEQ.,FOR DAMAGESPage 93 of 508
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5. Date Damage Occurred: Decedent suffered fatal itturiCS On January l,2019.
6. Place Where Damage Occurred: The Subject Incident occurred on Bandini
Boulevard at the intersection of Atlantic Boulevard in the city of Vernon, County of Los Angeles,
State of California.
7. Governmental Entities Alleged to be At Fault: CITY oF VERNON ("CITY") a
public entity.
8. Names. Addresses and Telephone Numbers of Witnesses: California Highway
Patrol Officers including but not limited to: Officer Yelez (Badge ID No. #648), Officer
Valenzuela. As of yet unidentified Emergency Medical Services personnel including but not
limited to ambulance and fire personnel with Vernon fire rescue unit #78, as well as LA County
USC Medical Center Hospital Staff. As of yet unidentified members of the Los Angeles County
Coroner's Office the Chief Medical Examiner.
Names of the following are presently uncertain:
All other Medical Treatment Staff not identified above. Decedent's family members are
also witnesses as to the damages.
g. Nature of Case: On or about January 7,2019, at approximately 8 p.m. Decedent
was traveling on a motorcycle on westbound Bandini Boulevard and as he approached the Subject
Intersection, due to inadequate lighting and warnings, confusing lane markings and insufficient
preventative measures he was diverted into a construction zone. Decedent attempted to stop his
motorcycle but was unable to, laid it down and collided with concrete barriers in the construction
zone causing his death. Claimant is informed and believes that Decedent was killed due to the
dangerous, unsafe, and confusing layout ofa construction zone located Subject Intersection.
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Claimant is informed and believes that the CITY is responsible for the design, controlling, and
organization ofthe Subject Intersection and the surrounding construction zone including but not
limited to, the placement of the construction zone barriers, lighting, warning signs, layout,
delineators, waming signs and other insufficient traffic control in and around the Subject
Intersection.
The CITY further contributed to the cause of this wrongful death due to the dangerous
condition of public property surrounding the Subject Intersection, including but not limited to the
following:
a. The SUBJECT INTERSECTION is improperly and dangerously delineated,
placed, angled, and designed;
b. The SUBJECT INTERSECTION lacks any, or has insufficient and/or
defective, barriers, warning signs or signals, or other forms of waming to protect persons, such as
Decedent, from the unreasonable risk of harm posed by the construction zone at the Subject
Intersection;
c. The SUBJECT INTERSECTION includes the existence of various features,
including, but not limited to, the unprotected, unmarked concrete barriers, which pose an
unreasonable risk ofharm to persons, such as Decedent;
d. The SUBJECT INTERSECTION in its totality is improperly and
dangerously designed, creating and/or aggravating a confusing and inherently dangerous
condition, by virtue of, but not limited to, the presence of the inadequately secured construction
zone and confusing layout of the intersection that funnels motorists like Decedent into the
dangerous construction zone;
e. The SUBJECT INTERSECTION constituted a dangerous condition, which
was created by the CITY. Said entity had actual and constructive notice of the dangerous
condition on the SUBJECT INTERSECTION;
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f. The SUBJECT INTERSECTION lacked appropriate signs to adequately
warn motorists of the upcoming construction zone and lane closures so as to prevent motorists
from inadvertently entering the construction zone area;
g. The SUBJECT INTERSECTION surface was in a deteriorated condition,
including, but not limited to, its markings and controls;
h. The SUBJECT INTERSECTION and adjacent property were designed,
constructed, and maintained in such a manner as to obstruct and interfere with the vision and
perception of drivers, thereby interfering with the normal flow of traffic and with the safe
operation of vehicles;
i. The SUBJECT INTERSECTION was dangerously and unreasonably,
designed, constructed, and maintained so as to increase the likelihood that vehicles would leave
the traveled portion of the roadway and enter the Construction Zone;
j. The absence of any protective device to prevent vehicles from entering the
ConstructionZone;
k. The design and condition of the SUBJECT INTERSECTION and adjacent
property led motorists to travel and encroach upon the construction zone, exposing motorists to
injury; and
l. Such other conditions unknown to Plaintiff at this time, but which may be
established through discovery.
m. The SUBJECT INTERSECTION lacks any, or has insufficient, waming
signs, either temporary or perrnanent, that would provide warning to persons approaching the
Subject Intersection about the dangerous conditions described herein.
n. Any existing warning signs, either temporary or perrnanent, that would
provide warning to persons encountering the dangerous conditions of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, were
defective, inadequate, and/or nor properly functioning.
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o. The CITY, failed to maintain the SUBJECT INTERSECTION and related
signage and devices, so as to create a concealed trap.
p. The CITY, was responsible for the planning, design, supervision, control,
construction, servicing, management, inspection, operation, signing, striping, maintenance, repair,
traffic control, and other activities related to the SUBJECT INTERSECTION where the
SUBJECT COLLISION occurred, including, but not limited to, properly adjacent to the
SUBJECT INTERSECTION, which directly affected the amount, type, direction, and speed of
traff,rc on the SUBJECT INTERSECTION.
10. Claimant further is informed and believes that the CITY, caused, created, and/or
allowed to exist, and allowed to continue to exist, said dangerous condition(s) with respect to the
SUBJECT INTERSECTION and its adjacent property, including, but not limited to, the
Construction Zone area. Claimant is further informed and believes, and thereon alleges, that the
CITY's misconduct in causing, creating, allowing to exist, and allowed to exist said dangerous
conditions(s) with respect to the SUBJECT INTERSECTION and its adjacent property, including,
but not limited to, the construction zone, created a reasonably foreseeable risk of injury to persons
using the SUBJECT INTERSECTION in a reasonable manner, such as Decedent. At all times
mentioned, the CITY was responsible for the planning, design, supervision, control, construction,
servicing, management, inspection, operation, signing, striping, maintenance, repair, traffic
control, any other activities related to the SUBJECT INTERSECTION where the Subject Incident
occurred, including but not limited to, property adjacent to the construction zone.
1 1. At said time and place, the CITY, by and through their employees, agents, servants,
and independent contractors, proximately caused the fatal injuries to Decedent and Claimant's
resulting damages by negligently, wantonly, recklessly, tortuously, wrongfully, unreasonably, and
unlawfully:
a. Planning,designing,constructing,owning,possessing,controlling,
operating, maintaining, servicing, inspecting, repairing, and monitoring the SUBJECT
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INTERSECTION and adjacent property, including, but not limited to, the layout of the
construction zone area.
b. Supervising, controlling, contracting, inspecting, repairing, maintaining,
monitoring, and working on or at the SUBJECT INTERSECTION with regard to design
configurations, geometrics, sight distances, absence of traffic control devices, and waming devices
on or adjacent to the SUBJECT INTERSECTION, which created a dangerous condition that was
not reasonably apparent to prudent motorists and pedestrians.
c. Failing to guard, warn, and protect motorists from hazards, which the CITY,
knew about, or in the exercise of reasonable diligence should have known about;
d. Designing,constructing,owning,supervising,controlling,testing,
entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, and operating with
regard to the SUBJECT INTERSECTION so as to cause, permit, and allow dangerous, defective,
and unsafe conditions at the accident site to exist;
e. Failing to install appropriate traffic control devices, including signs signals,
lights, road markers, striping, and the like; failure to install warning signs, signals or devices to
warn and/or apprise motorists of the presence of the dangerous condition of the SUBJECT
INTERSECTION, which was not reasonably apparent;
f. Failing to install appropriate areas for travel, including signs, road markers,
striping, and the like; failure to install warning signs, signals or devices to warn and/or apprise
motorists on the SUBJECT INTERSECTION and failing to otherwise advise or control traffic at
or near the construction zone ofthe danger.
e. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the constructio n zone, was dangerous and defectively planned, designed, drafted,
engineered, constructed, and positioned, and was either not approved in accordance with standard
procedure, regulations, and statutes (thereby violating same) or could not reasonably have been
approved by any appropriate and responsible governmental entity or any delegates and agents
thereof;
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h. To the extent the design of the SUBJECT INTERSECTION and adjacent
property, including, but not limited to, the construction zone, was approved, if any approval was
requested and given, the requesting and responding authority(ies)/delegate(s) and agent(s) were
incompetent or failed to possess the requisite skills and expertise to render a reasonable evaluation
of the benefits, risks, and dangers of the plan as submitted or amended and approved;
i. To the extent the design of the SUBJECT INTERSECTION was approved,
said approval was unreasonable and constituted a manifest abuse of discretion, or otherwise was
negligent by failing to address the applicable engineering standards and conditions then existing or
reasonably contemplated to exist in the future, once said design was implemented;
j. The SUBJECT INTERSECTION and adjacent property, including, but not
limited to, the construction zone, were, at all relevant times, dangerous, improperly and
defectively maintained, managed, inspected, installed, repaired, modified, reviewed, and
evaluated, if in fact they were maintained, managed, inspected, reviewed, and evaluated. To the
extent such functions were not performed, they should have been, and, to the extent they were
performed, they were done improperly, negligently, and in violation of applicable engineering
standards and regulations pertaining to similarly situated public property;
k. The SUBJECT INTERSECTION and its adjacent property, including, but
not limited to, the construction zone, were, at all relevant times, in a dangerous condition due to
the lack of appropriate barriers, signage, markings, warnings, or other measures necessary to
prevent incidents of the type that occurred in this case;
l. There was negligence in the ownership, control, construction, maintenance,
inspection, placement, supervision, repairs, design, and modifications of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the constructionzone,
including creating and failing to warn against non-obvious and concealed traps. There was further
negligence in the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was further negligence in the failure to warn of these known risks and hazards, some
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of which were created by the CITY, and some of which existed for a sufficient period of time to
provide warnings and/or remove the risk or hazard and failure to warn of previous similar
incidents;
m. The area of the SUBJECT INTERSECTION was in a dangerous condition
because of the failure to exercise due care in the ownership or control of the SUBJECT
INTERSECTION and adjacent property, including, but not limited to, the construction zone, in
that the layout, safety devices, signage, markings, as well as the other dangers noted previously,
created a concealed trap. Said property further was unsafe because of improper materials used, as
well as the failure to properly supervise, educate, train, monitor, and test workers, including
employees and independent contractors who were responsible for doing the acts and tasks noted
above. There was a failure to warn of these known risks and hazards, some of which were created
the CITY, and some of which existed for a sufficient period of time to provide warnings and/or
remove the risk or hazard; and
n. The CITY, failed to properly plan, modify, alter, construct, monitor,
improve, repair, manage, design, control, maintain, and service said property after changes in the
condition of the SUBJECT INTERSECTION, and changes in traffic patterns and usage of the
property since its original design and construction.
12. Reservation of Right to Amend and/or Supplement Claim: Claimant reserves the
right to amend and/or supplement this Claim for Damages, including asserting new theories of
liability or causes of action, upon discovery of new or additional information or facts.
Claimant reserves the right to supplement or amend these claims as discovery proceeds in this
matter. Claimant's attorney contacted the CITY seeking to discuss this incident and share
information prior to fiting a claim, but there was no response. Accordingly, these claims are being
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coDE s 900, ET sEQ', FOR DAMAGESPage 100 of 508
made on the best information currently available to Claimant's counsel and Claimant should not
be prejudiced because the CITY will not share information.
DATED: May 15,2019 PANISH SHEA&BOYLE LLP
●1‐l タ
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MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, TUESDAY, MAY 21, 2019, IN
COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
CALL TO ORDER & FLAG SALUTE
Members Present: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
Members Absent: None
The meeting was called to order at 9:00 a.m. by Mayor Melissa Ybarra; City Administrator
Carlos Fandino led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there were no changes to the agenda.
PUBLIC COMMENT
No Public Comment provided.
PRESENTATION
1. Employee Service Pin Awards for April 2019
Recommendation:No action required by City Council. This is a presentation
only.
Michael Earl, Director of Human Resources, announced the Service Pin Award recipients.
Mayor Ybarra presented the 25-year Service Pin Award to Eric Anderson who was in
attendance.
2. Badge Presentation Ceremony
Recommendation:No action required by City Council. This is a presentation
only.
Bruce English, Fire Chief, introduced Davina Reynolds who was promoted to Firefighter
Paramedic and provided a brief summary of the duties of a Firefighter Paramedic. Chief English
presented newly promoted Firefighter Paramedic Reynolds with the promotional badge and pin.
3. Presentation of Public Utilities' Mission and Commitment to Customer
Competitiveness
Recommendation:No action required by City Council. This is a presentation
only.
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Abraham Alemu, Interim General Manager, explained Vernon Public Utilities’ (VPU) renowned
commitment to providing the lowest utility rates in California by the year 2030.
Todd Dusenberry, Assistant General Manager, and Don Quiroz, Electric Operations Supervisor,
presented a banner with VPU’s new motto, “Committed to Customer Competitiveness”.
CONSENT CALENDAR
4. Claim for Damages from Kimberly Perez received on May 6, 2019
Recommendation:A. Receive and File
5. Minutes of the Regular City Council Meeting Held on May 7, 2019
Recommendation:A. Receive and File
6. Council Conference Attendance Report
Recommendation:A. Find that receiving this Council Conference
Attendance Report is exempt from California Environmental Quality Act
("CEQA") review, because it is an administrative activity of government that
will not result in direct or indirect physical changes in the environment and
therefore does not constitute a "project" as defined by CEQA Guidelines
section 15378; and
B. Receive and file.
7. Approval of Support and Maintenance Agreement with Advanced Utility
Systems, a division of N. Harris Computer Corporation
Recommendation:A. Find that the approval of a Support and Maintenance
Agreement with Advanced Utility Systems, a division of N. Harris Computer
Corporation ("Advanced Utility Systems") is exempt from California
Environmental Quality Act (CEQA) review because it is an administrative
activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined by
CEQA Guidelines section 15378; and
B. Approve a Support and Maintenance Agreement with Advanced Utility
Systems, in substantially the same form as submitted herewith, for a term of
three years and a total amount not-to-exceed $143,614.05; and
C. Authorize the City Administrator to execute the Agreement with Advanced
Utility Systems with effective dates of July 1, 2019 -June 30, 2022.
8. Approval of an Attorney Services Agreement (Transactional) between the
City of Vernon and Best Best & Krieger LLP for Legal Consulting Services
Regarding City Owned Housing
Recommendation:A. Find that approval of the proposed Attorney Services
Agreement (Transactional) with Best Best & Krieger LLP 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
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Page 3 of 12
indirect physical changes in the environment, and therefore does not constitute
a “project” as defined by CEQA Guidelines section 15378; and
B. Approve the proposed Attorney Services Agreement (Transactional)
("Agreement") with Best Best & Krieger LLP ("BBK"), in substantially the
same form as submitted herewith, for a term of three years and an amount not
to exceed $60,000 for legal consulting services regarding City-owned
housing; and
C. Authorize the City Administrator to execute the proposed Agreement with
BBK with an effective date of May 20, 2019.
9. Approval of an Attorney Services Agreement (Transactional) between the
City of Vernon and Best Best & Krieger LLP to Provide Specialized Outside
Legal Services
Recommendation:A. Find that approval of the proposed Attorney Services
Agreement (Transactional) with Best Best &Krieger LLP 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 (Transactional) between the
City of Vernon and Best Best & Krieger LLP, in substantially the same form
as submitted herewith, for an amount not to exceed $75,000.00; and
C. Authorize the City Administrator to execute the Attorney Services
Agreement (Transactional) between the City of Vernon and Best Best &
Krieger LLP for a three year term with an effective date of May 20, 2019.
10. Approval of City Payroll Warrant Register No. 755 Covering the Period of
April 01 through April 30, 2019
Recommendation:A. Approve City Payroll Warrant Register No. 755 which
totals $2,945,966.31 and consists of the following:
1) Ratification of direct deposits, checks and taxes totaling $2,339,400.17.
2) Checks and electronic fund transfers (EFT) paid through Operating bank
account totaling $606,566.14.
11. Approval of Operating Account Warrant Register No. 22 Covering the Period
of April 30 through May 13, 2019
Recommendation:A. Approve Operating Account Warrant Register No. 22
which totals $2,817,365.16 and consists of the following:
1) Ratification of electronic payments totaling $2,316,982.18.
2) Ratification of the issuance of early checks totaling $396,838.64.
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3) Authorization to issue pending checks totaling $103,544.34.
12. Fire Department Activity Report for the Period of April 16 through April 30,
2019
Recommendation:A. Receive and file.
13. Vernon Police Department Activity Log and Statistical Summary for the
period of April 16 through April 30, 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 4 through 13. Motion carried, 4-0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
NEW BUSINESS
14. Approval of a Resolution for City Council Appointments/Reappointments as
Representatives to Various Agencies and/or Committees
Recommendation:A. Find that approval of the proposed Resolution updating
the City Council appointments does 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; and even if
the adoption of the proposed resolution did constitute a project, it 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. Appoint Council Members as delegate(s) and alternate(s), as well as some
key staff as either delegate(s) and/or alternate(s) to the following boards of
various agencies and/or committees as follows:
1. California Contract Cities Association.
Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate.
Previous appointment, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; and Melissa Ybarra as the alternate.
2.Central Basin Water Association.
Appoint Carol R. Menke as the delegate; William J. Davis as the alternate;
and reaffirm the City of Vernon’s General Manager of Public Utilities, or
his/her designee, to also serve as the City’s alternate.
Previous appointment, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; Yvette Woodruff-Perez as the alternate; and reaffirm the City
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Page 5 of 12
of Vernon’s General Manager of Public Utilities, or his/her designee, to also
serve as the City’s alternate.
3. County Sanitation District No. 1.
Appoint Melissa Ybarra as the Presiding Officer of the city of Vernon to serve
as the City’s member on the Board of Directors of County Sanitation District
No. 1; and William J. Davis as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez as the presiding officer of the City of Vernon to serve as the
City’s member on the Board of Directors of County Sanitation District No. 1;
and William J. Davis as the alternate.
4. County Sanitation District No. 2.
Appoint Melissa Ybarra to serve as the City’s delegate to the Board of
Directors of County Sanitation District No. 2; and William J. Davis as the
alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez to serve as the City’s delegate to the Board of Directors of
County Sanitation District No. 2; and Melissa Ybarra as the alternate.
5. County Sanitation District No. 23.
Appoint current City Council (Melissa Ybarra, William J. Davis, Leticia
Lopez, and Carol R. Menke) to serve as the Board of Directors to County
Sanitation District No. 23.
Previous appointments, pursuant to Resolution No. 2018-15, appointed then
City Council: Yvette Woodruff-Perez, William J. Davis, Luz A. Martinez,
Leticia Lopez, and Melissa Ybarra.
6. Gateway Cities Council of Governments.
Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; and Melissa Ybarra as the alternate.
7. Independent Cities Association of Los Angeles County.
Appoint William J. Davis as the delegate and Carol R. Menke as the alternate.
Previous appointments, made pursuant to Resolution No. 2018-15: William J.
Davis as the delegate; and Yvette Woodruff-Perez as the alternate.
8. Independent Cities Finance Authority.
Appoint Leticia Lopez as the delegate and Carol R. Menke as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Leticia Lopez as
the delegate; and Yvette Woodruff-Perez as the alternate.
9. League of California Cities.
Appoint William J. Davis as the delegate; and Melissa Ybarra and Leticia
Lopez as the alternates.
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Previous appointments, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; and Yvette Woodruff-Perez and Leticia Lopez as the
alternates.
10. Southeast Community Development Corporation.
Appoint Melissa Ybarra as the delegate; and Carol R. Menke as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Leticia Lopez as
the delegate; and Luz Martinez as the alternate.
11. Southeast Water Coalition.
Appoint Melissa Ybarra as the delegate; and Leticia Lopez as the alternate;
and, reaffirm that said appointed representatives shall also be the City’s
representatives to attend board and committee meetings held by the
Replenishment District of Southern California, Central Basin Municipal
Water District and the Authority and any other water-related meeting which
affect the City of Vernon.
Previous appointments, pursuant to Resolution No. 2018-15: Appoint Melissa
Ybarra as the delegate; and Yvette Woodruff-Perez as the alternate; and,
reaffirm that said appointed representatives shall also be the City’s
representatives to attend board and committee meetings held by the
Replenishment District of Southern California, Central Basin Municipal
Water District and the Authority and any other water-related meeting which
affect the City of Vernon.
12. Southern California Association of Governments.
Appoint Carol R. Menke as the delegate; and William J. Davis as the
alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez as the delegate; and William J. Davis as the alternate.
13. Vernon Solid Waste Hearing Panel.
Appoint Melissa Ybarra, Leticia Lopez, and Carol R. Menke to serve on the
Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez, Luz Martinez, and Melissa Ybarra to serve on the Hearing
Panel for the Local Enforcement Agency for Solid Waste Facilities
C. Adopt a Resolution of the City Council of the City of Vernon designating
and appointing its representatives and alternates to the boards of various
agencies and/or committees.
D. Authorize the City Clerk to complete California Form 806, Agency Report
of: Public Official Appointments, and post in accordance with state laws
and/or regulations.
City Clerk Ayala reported on the proposed.
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No public comment provided.
It was moved by Leticia Lopez and seconded by William Davis to: A. Find that approval of the
proposed Resolution updating the City Council appointments does 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; and even if the adoption of the
proposed resolution did constitute a project, it 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. Appoint Council Members as delegate(s) and alternate(s), as well as
some key staff as either delegate(s) and/or alternate(s) to the following boards of various
agencies and/or committees as follows:
1. California Contract Cities Association.
Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate.
Previous appointment, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; and Melissa Ybarra as the alternate.
2. Central Basin Water Association.
Appoint Carol R. Menke as the delegate; William J. Davis as the alternate;
and reaffirm the City of Vernon’s General Manager of Public Utilities, or
his/her designee, to also serve as the City’s alternate.
Previous appointment, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; Yvette Woodruff-Perez as the alternate; and reaffirm the City
of Vernon’s General Manager of Public Utilities, or his/her designee, to also
serve as the City’s alternate.
3. County Sanitation District No. 1.
Appoint Melissa Ybarra as the Presiding Officer of the city of Vernon to serve
as the City’s member on the Board of Directors of County Sanitation District
No. 1; and William J. Davis as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez as the presiding officer of the City of Vernon to serve as the
City’s member on the Board of Directors of County Sanitation District No. 1;
and William J. Davis as the alternate.
4. County Sanitation District No. 2.
Appoint Melissa Ybarra to serve as the City’s delegate to the Board of
Directors of County Sanitation District No. 2; and William J. Davis as the
alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez to serve as the City’s delegate to the Board of Directors of
County Sanitation District No. 2; and Melissa Ybarra as the alternate.
5. County Sanitation District No. 23.
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Appoint current City Council (Melissa Ybarra, William J. Davis, Leticia
Lopez, and Carol R. Menke) to serve as the Board of Directors to County
Sanitation District No. 23.
Previous appointments, pursuant to Resolution No. 2018-15, appointed then
City Council: Yvette Woodruff-Perez, William J. Davis, Luz A. Martinez,
Leticia Lopez, and Melissa Ybarra.
6. Gateway Cities Council of Governments.
Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; and Melissa Ybarra as the alternate.
7. Independent Cities Association of Los Angeles County.
Appoint William J. Davis as the delegate and Carol R. Menke as the alternate.
Previous appointments, made pursuant to Resolution No. 2018-15: William J.
Davis as the delegate; and Yvette Woodruff-Perez as the alternate.
8. Independent Cities Finance Authority.
Appoint Leticia Lopez as the delegate and Carol R. Menke as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Leticia Lopez as
the delegate; and Yvette Woodruff-Perez as the alternate.
9. League of California Cities.
Appoint William J. Davis as the delegate; and Melissa Ybarra and Leticia
Lopez as the alternates.
Previous appointments, pursuant to Resolution No. 2018-15: William J. Davis
as the delegate; and Yvette Woodruff-Perez and Leticia Lopez as the
alternates.
10. Southeast Community Development Corporation.
Appoint Melissa Ybarra as the delegate; and Carol R. Menke as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Leticia Lopez as
the delegate; and Luz Martinez as the alternate.
11. Southeast Water Coalition.
Appoint Melissa Ybarra as the delegate; and Leticia Lopez as the alternate;
and, reaffirm that said appointed representatives shall also be the City’s
representatives to attend board and committee meetings held by the
Replenishment District of Southern California, Central Basin Municipal
Water District and the Authority and any other water-related meeting which
affect the City of Vernon.
Previous appointments, pursuant to Resolution No. 2018-15: Appoint Melissa
Ybarra as the delegate; and Yvette Woodruff-Perez as the alternate; and,
reaffirm that said appointed representatives shall also be the City’s
representatives to attend board and committee meetings held by the
Replenishment District of Southern California, Central Basin Municipal
Page 109 of 508
Regular City Council Meeting Minutes
May 21, 2019
Page 9 of 12
Water District and the Authority and any other water-related meeting which
affect the City of Vernon.
12. Southern California Association of Governments.
Appoint Carol R. Menke as the delegate; and William J. Davis as the
alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez as the delegate; and William J. Davis as the alternate.
13. Vernon Solid Waste Hearing Panel.
Appoint Melissa Ybarra, Leticia Lopez, and Carol R. Menke to serve on the
Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette
Woodruff-Perez, Luz Martinez, and Melissa Ybarra to serve on the Hearing
Panel for the Local Enforcement Agency for Solid Waste Facilities
C. Adopt a Resolution of the City Council of the City of Vernon designating
and appointing its representatives and alternates to the boards of various
agencies and/or committees.
D. Authorize the City Clerk to complete California Form 806, Agency Report
of: Public Official Appointments, and post in accordance with state laws
and/or regulations. Motion Carried, 4-0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
15. Approval of Amendment No. 3 to the Electric System Service and
Maintenance Agreement between the City of Vernon and Petrelli Electric, Inc.
Recommendation:A. Find that approval of the proposed amendment is
exempt from California Environmental Quality Act (“CEQA”) review,
because it is a continuing administrative activity that will not result in direct
or indirect physical changes in the environment, and therefore does not
constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Approve Amendment No. 3 to the Electric System Service and
Maintenance Agreement (“Agreement”) for Electric System Maintenance
with Petrelli Electric, Inc., in substantially the same form as submitted
herewith, to update union wages/staffing requirements, service scope, and
expenditure cap components of the existing Agreement; and
C. Authorize the City Administrator to execute the proposed Amendment No.
3 between the City of Vernon and Petrelli Electric, Inc., with an effective date
of May 21, 2019.
Abraham Alemu, Interim General Manager of Public Utilities reported on the proposed.
Page 110 of 508
Regular City Council Meeting Minutes
May 21, 2019
Page 10 of 12
No public comment provided.
City Council inquired as to the number of crews being sought through the agreement; what the
cost savings to the City would be; and work to be done through Request for Proposal (RFP)
process versus work being done through the proposed agreement’s on-call process. Interim
General Manager of Public Utilities, Alemu and City Administrator Fandino responded
accordingly.
It was moved by Leticia Lopez and seconded by Carol Menke to: A. Find that approval of the
proposed amendment is exempt from California Environmental Quality Act (“CEQA”) review,
because it is a continuing administrative activity that will not result in direct or indirect physical
changes in the environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378; and B. Approve Amendment No. 3 to the Electric System Service and
Maintenance Agreement (“Agreement”) for Electric System Maintenance with Petrelli Electric,
Inc., in substantially the same form as submitted herewith, to update union wages/staffing
requirements, service scope, and expenditure cap components of the existing Agreement; and C.
Authorize the City Administrator to execute the proposed Amendment No. 3 between the City of
Vernon and Petrelli Electric, Inc., with an effective date of May 21, 2019. Motion Carried, 4-0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
ORAL REPORTS
Anthony Miranda, Police Chief, reported on the following: on May 10th,Vernon Police
Department (VPD) conducted a vehicle pursuit; on May 13th VPD Officers attended the National
Law Enforcement Candlelight Vigil in Washington D.C.; on May 15th VPD personnel lowered the
flag at half-staff to honor National Police Officer Memorial Day; on May 15th Officer Ourique was
honored by the Los Angeles Regional Mothers Against Drunk Driving as Vernon’s Top Arresting
Officer for DUI’s in 2019; on May 18th VPD responded to a commercial burglary; and on May
19th VPD Officers conducted a felony traffic stop of a stolen vehicle resulting in arrest of the
driver.
Bruce English, Fire Chief, reported on the following: on May 20th Vernon Fire Department (VFD)
hosted the Alameda Corridor training drill (photos displayed); on May 18
th VFD responded to a
fire alarm, the fire was extinguished and the investigation is ongoing (photos displayed); and that
the Hobart Tower, across the railroad tracks, has been demolished (photos displayed).
Abraham Alemu, Interim General Manager of Public Utilities, reported on power outage incidents
throughout the City.
Fredrick Agyin, Director of Health and Environmental Control Department, reported on the
success of the recent E-Waste event that took place on May 15th.
City Administrator Fandino asked Director Agyin to provide City Council with an update on Exide
at a future meeting and ask Exide representatives to attend and present at a future
Page 111 of 508
Regular City Council Meeting Minutes
May 21, 2019
Page 11 of 12
meeting. Director Agyin acknowledged City Administrator’s directive and will follow-up
accordingly.
City Administrator Fandino reported on the status of the City’s budget planning process, and
explained how staff will proceed to present budget items at the upcoming City Council meetings.
CLOSED SESSION
City Council entered closed session at 9:41 a.m.
16. 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
17. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2)
(Government Code Section 54956.9(d)(1))
City of Vernon vs. Dennis Roberts, et al,
Los Angeles Superior Court Case No. 19NWUD00831
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
18. 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 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
Page 112 of 508
Regular City Council Meeting Minutes
May 21, 2019
Page 12 of 12
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.
At 10:33 a.m. City Council exited closed session. City Attorney Hema Patel reported that three
cases were discussed with no reportable action taken.
ADJOURNMENT
With no further business, at 10:33 a.m., Mayor Ybarra adjourned the meeting.
________________________
Melissa Ybarra
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
Page 113 of 508
City Council Agenda Item Report
Agenda Item No. COV-187-2018
Submitted by: Lilia Hernandez
Submitting Department: City Administration
Meeting Date: June 4, 2019
SUBJECT
Council Conference Attendance Report
Recommendation:
A. Find that receiving this Council Conference Attendance Report is exempt from California Environmental Quality Act
("CEQA") review, because it is an administrative activity of government that will not result in direct or indirect physical
changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines section
15378; and
B. Receive and file.
Background:
Pursuant to Government Code Section 53232.3(d), members of legislative bodies are required to report on meetings
attended at the expense of the agency or for which there has been expense reimbursement. The following report on a
recent conference attended by members of the Vernon City Council is submitted in compliance with the aforementioned
requirement.
California Contract Cities 60th Annual Municipal Seminar: Embracing Change, Uniting Communities
Council Members William "Bill" Davis and Carol Menke attended the 2019 California Contract Cities 60th Annual
Municipal Seminar held at the Renaissance Indian Wells Resort & Spa in Indian Wells, CA from May 16-19, 2019.
Session topics included AB 1234: Ethics Training; Crisis Management, Active Shooter Training, Homelessness Crisis,
Transportation Needs, Voter Trends and the Future of Elections, Best Practices in Protecting Water Sources and Smart
City Strategies.
Fiscal Impact:
The cost incurred by the City for City Council attendance of the conference noted above including reimbursements is
approximately $2,120. This amount is in line with the amount allocated and available in the 2018-19 fiscal year City
Council budget.
ATTACHMENTS
Page 114 of 508
City Council Agenda Item Report
Agenda Item No. COV-259-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: June 4, 2019
SUBJECT
Approval of Operating Account Warrant Register No. 23 Covering the Period of May 14 through May 27, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 23 which totals $5,994,409.51 and consists of the following:
1) Ratification of electronic payments totaling $5,507,435.02.
2) Ratification of the issuance of early checks totaling $432,574.84.
3) Authorization to issue pending checks totaling $54,399.65.
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. 23 covering claims and demands presented during the period of May 14 through May 27, 2019, drawn,
or to be drawn, from East West Bank for City Council approval.
Fiscal Impact:
None.
ATTACHMENTS
1. Operating Account Warrant Register No. 23
Page 115 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 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
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:
Ptnned: S 129 /20L9 2:25:38PM
payments thereof. ,,1l-lw-
William Fox
Finance Director z\Z"\\
Page 116 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
001479 - BLOOMBERG FINANCE, LP 0ss.9200.596200
05s.9200.s96200
055.9200.s95200
s
s
s
333.75 New York Mercantile Exchange
5,800.00 Bloomberg Terminal
-840.00 Bloomberg Terminal
5604871804
5504871805
5504947480
oslL4/2019 8320 s 6,293.75
OOO257 - BROADBAND LLC 057.1057.s00173 s 4,250.00 lnternet Access Services 5r5t92003744
osl1412019 8321 s 4,250.00
OOO447 - CDWGOVERNMENT, INC.011.9019.590110 s 258.00 RSA Enhanced Support - technical RKS3291 011.0013685
oslt4l2ot9 8322 s 2s8.00
005449 - LANCASTER CHOICE ENERGY 0s5.9200.500180 s 15,000.00 Resource Adequacy I 190002063
os/L4l2or9 8323 s 15,000.00
005433 . RUTAN & TUCKER, LLP 011.1024.593200 s 1,762.50 Re: Torres Arbitration 83s000
0slt4l20L9 8324 s t,762.50
P tinted: 5 I 29 120L9 2: 25 : 38PM Pase I of 56
AMOUNT DESCRIPTION
Page 117 of 508
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
ETECTRONICrea PAYMEiIT P YlrEtrlr PAYlrll{T
VEI{DOR [{AME AIID IIU AEN tlUfEER AMOUI{T DEslCAIPIlOl{ II{VOICE P.O.I OAIE I'lUMAfl AffOUIII
OO24L2 - CALIFORNIA ISO
055.9200.500190 s
0ss.9200.s00210 s
055.9200.500170 s
055.9200.5001s0 s
0ss.9200.s00180 s
05s.9200.500170 s
055.9200.500190 s
oss.92o0.5oo1so s
055.9200.s00210 s
055.9200.500151 s
0ss.9200.500170 s
055.9200.s00190 s
055.9200.500150 s
055.9200.500150 S 8,225.59 Recalculation Charges 04/19 201905093141952
547
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547
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547
201905093141952
547
2019050931419s2
547
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547
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547
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547
304.19 Recalculation Charges 04/L9
140.55 Recalculation Charges 04/19
-72,795.84 Recalculation Charges 04/19
8,956.12 Recalculation Charges 07l18
13,414.85 Recalculation Charges 07118
-32,672.t5 Recalculation Charges 07118
-28.59 Recalculation Charges 07 I L8
125,796.21 lnitial CharBes 05/19
8,944.10 lnitial Charges 05/19
-2.22 lnitial Charges 05/19
-1,125.60 lnitial CharBes 05/19
-26,405.56 lnitial Charges 05/19
-t1,378.27 lnitial Charges 04/19
Ptified: 5 129 /2019 2:25:38PM Pase 2 of 56
Page 118 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
,uNE 4 2019
ETECTRONIC
ACOO{',IIT IIII'OICE PAYUEXT PAYMEI{T PAN/IE T
vE DOt ITAME A 9truutEf, t{U llER AUOU!.I DEgCR|PT|O|! t$l'OtcE P.O.r D rE I{UMIER AlrOUl{T
OO24L2 - CALIFORNIA ISO 055.9200.500151 S -2.02 lnitial CharBes 04/19
055.9200.500180 s -2,152.85 lni6alCharges04/19
055.9200.500190 s -14,339.85 lnitial charges 04/19
055.9200.500170 s 1,011,908.68 lnitial Charges 04/19
055.9200.500210 5 5,272.04 lnitial Charges 04/19
055.9200.500240 s 5,921.15 lnitial Charges 04/19
20190s0931419s2
547
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547
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547
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547 o5/7s/2}19 832s s 1,088,438.s3
ooo4oo - ANA QUTNONES 011.1031.595500 s eS.O5 LAWPOA
011.1031.596500 5 26.70 Firearms / Tactical Rifle Adv
071818
121018
0slL6l2oL9 8325 s 7Lt.76
OOO318-KENTSTEVENSONJR 011.1031.596500 S e.Oo Arrest&Control/Tactical
011.1031.595700 S g.Z0 Arrest & Control /Tactical
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082018
osl76l2979 8327 s 17.20
005630 - JASON LUCAS 011.1031.596500 S 11.99 Firearms / Tactical Rifle Adv 0912 18
os/t6/2o19 8328 S 11.99
001515 - PHILLIP SWINFORD 011.1031.596500 S 8.72 Firearms / Tactical Rifle Adv
os/t6/20t9 8329 s 8.72
Printed: 5/2912019 2:25:38PM
101818
Pase 3 of 56
Page 119 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
005594 - US BANK CORPORATE 011.1049.520000
011.1049.520000
020.1084.520000
011.1031.596700
011.1033.596550
011.1033.596550
05s.9000.520000
011.1002.596s00
011.1002.s96500
011.1033.520000
055.5600.520000
0s6.5500.595700
011.1040.s20000
011.1040.s96700
011.1031.520000
011.1031.596500
011.5031.560000
011.1031.596500
011.1002.596500
011.1002.596700
011.1002.596700
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7,743.98 Supplies
128.83 Supplies
352.28 Supplies
385.00 Training
250.00 Membership Dues / D. Reynolds
420.00 Membership Dues
50.86 Supplies
233.53 Meals / Meeting
15.00 Vehicle Expense
89.74 Supplies
419.78 Supplies
188.05 Meals / EE Development & Training
64.06 Community Outreach Event
116.00 Renewal
2,056.97 Supplies
249.05 Hotels
56.55 Cable Subscription
28.00 Vehicle Expense
475.80 Meals / Meeting
40.00 Training
40.00 Training/ L. Hernandez
600.00 Conference Registration / Y.
600.00 Conference Registration / W. Davis
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Ptinted: 5 I 29 l2ol9 2:25:38PM Pase 4 of 56
ELECTRONIC
VENDOR I{AME AND NUMBER NUMBER AMOUNT DESCRIPTIOf{NUMBER
Page 120 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
ETECTRONIC
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005594. US BANK CORPORATE 011.1023.596500 s
011.1049.s20000 s
011.1003.520000 s
011.1003.s96300 s
011.1003.520000 s
011.1003.s20000 s
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011.1024.520000 s
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011.1060.s96500 s
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055.9000.s96500 s
0ss.9000.s40000 s
055.9000.550000 s
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33.20 LA Times Subscription
865.79 Supplies
74.84 Community Outreach Event
401.42 Election Supplies
44.45 Supplies
29.25 Supplies
r,576.47 Supplies
49.79 Community Outreach Event
501.45 Court Filing Services
64.00 Vehicle Expense
537.57 Hotels / L. Sanchez
8.00 Vehicle Expense
14.99 Adobe Software
22.29 Event Registration
2,559.99 Supplies
1,208.33 PortableSigns
28.00 LA Times Subscription
25.00 Vehicle Expense
79.68 Community Outreach Event
923.41 Books & Publications
262.80 Uniforms
304.50 Advertisement / Promotion
73.85 Supplies
Ptinted: 5 129 /2019 2:25:38PM PaRe 5 of 56
Page 121 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
005594 - US BANK CORPORATE 011.1049.520000
011.1026.s95905
011.1026.5s0000
011.1004.596550
011.1004.596550
020.1084.s20000
011.1025.520000
011.1049.520000
011.1043.520000
011.1049.s20000
011.199999
011.1043.s20000
020.1084.520000
011.1049.590000
055.9000.520000
057.1057.520000
055.9000.596700
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
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28.80 Meals / lnterview Panel
50.00 Job Posting
130.00 Membership Dues
130.00 Membership Dues / C. Luna
295.55 Supplies
75.49 Community Outreach Event
550.81 Supplies
769.32 Supplies
54.89 Supplies
253.10 Reimbursed Charge
787.96 Supplies
388.09 Supplies
76.55 Supplies
183.05 Supplies
858.24 Supplies
55.44 Meals / Meeting
426.40 lT Supplies
234.34 lT Supplies
263.21 G Suite for VPU
14.22 Amazon Prime MembershiP
280.00 lnspection Software for Fire
115.00 OneDrive
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Printe& 5 /29 /2019 2:25:38PM Paee 6 of 56
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VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPNON tilvolcE DATE NUMBER AMOUNT
Page 122 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
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011.9019.s20010 s
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011.1046.s20000 s
011.1045.520000 s
011.1033.s20000 s
011.1024.s96700 s
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011.1021.550000 s
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011.1026.s9590s s
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055.9000.s96600 s
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0s5.9000.5965s0 s
011.1031.s20000 s
011.1031.596700 s
36.00 GoToMeeting
48.35 VMWare Host
168.32 Meals / lnterview Panel
286.75 EE Recognition Program
164.26 Supplies
240.00 Car Wash
1,455.38 Water
71.00 Fingerprinting
175.30 Supplies
1,585.39 Community Outreach Event
136.89 Meals / vteeting
24.22 Meals / Recruitment
268.93 Meals / Opening Day
50.40 Meals / tvteeting
250.93 Travel Expense
1,371.43 Hotels
495.00 NAPSR Registration
-70.20 Credit
583.00 Book & Publications
61.41 Supplies
74.66 Cable Subscription
630.75 Supplies
300.00 Training / A. Encinas
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Printed: 5 /29 /2019 2:25: 38PM Pase 7 of 56
Page 123 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
DAYf,IEI{T PAYI4EIIT PAYIUEiIIi rliii:ira':i. ::ii:. A!@lrt{T lilrolcE
vE DoR Miiiiiilii!.iMuEi ItuuEEB allourT Dt5,cRlPT()lt l lrolcE ?.o.t oatE I{UMBER aMoui{r
ETECTRONIC
005594. US BANK CORPORATE
011.1031.596500 s 1,109.65 Hotels / J. cross
011.1031.s40000 s
011.1031.595700 s
011.1031.596700 s
011.1031.s95500 s
011.1031.8s0000 s
011.1031.596700 s
918.80 Uniforms
300.00 Training/ R. Landa
158.96 TraininB / Staff
580.96 Hotels / N. Perez
433.92 Back Seat Camera
899.00 Training / J. Cross
03221926(261
03227926126l.
o322t926.25l.
03221926(26l.
0322]-926126)
03221926(261
0322t926126l.
os/t6lzots 8330 s 38,248.96
001928 - ADVANCED UTTLTW SYSTEMS 055.7100.590110 s 7,235.25 UUT Rate Change xT00151804
os/t6l2ot9 8331 s 7,235.25
005067 - BIOFUEL GENERATION
SERVICES, L
0ss.9200.500162 s 15,860.50 Biomethane RP542019
oslL6l2079 8332 s L5,860.50
OO3O49 - PETRELLI EIECTRIC, INC 055.200400 s 1,533,486.69 Electric Service Maintenance 190115
os/t612079 8333 s 1,533,486.69
002227 - US DEPARTMENT OF ENERGY 055.9200.500150
0s5.9200.s00180
31,130.93 Boulder Canyon Project Charges 04/19
27,538.54 Bou lder Ca nyon P roject Cha rge s 04 / 19
s
s
GG1766W0419
GG1766W0419
os/t612079 8334 s 58,669.47
006120 - WESTERN ALLIED
CORPORATION
05s.8400.596200
0ss.8400.595200
s
s
422.46 Air Conditioner Maintenance
2,477 .00 Air Conditioner Maintenance
624335
902030
2,899.46
P rinied: 5 / 29 12019 2:25:38PM
0s116/20L9 833s s
Pase 8 of 56
Page 124 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
ETECTRONIC- 17:.::;:iiili :i .liti:iii .ri: , Accout{T t.tiilVg.l$ : :.t:;:ii:: pAyMHfi pAyMEtlT pArr[EtaT
vEroo8i{ rrE^xrii{irMsEB r{uiiBEa aioarrt DEscflpro 'ixirq!tr p.o.r DAIE niria8ln aiiourr
003336- BTCENT (cALlFoRNlA) 055.9200.5001s0 S 854,368.7s Energy & capacity cha4es 4201901
MAIBURG, L o5l2O/2O79 8336 s 85435a.75
Ptintedi 5 129 I 2OL9 2:25:38PM Pase 9 of 56
Page 125 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
002412 - CALIFORNIA ISO 0s5.9200.s00150 s
055.9200.450340 s
0ss.9200.s00150 s
055.9200.500150 s
0ss.9200.s00180 s
055.9200.500170 s
0ss.9200.s00190 s
055.9200.500150 s
055.9200.500151 s
055.9200.500170 s
055.9200.500190 s
0ss.9200.s00210 s
05s.9200.5001s0 s
055.9200.500190 s
lnitial Charges 05/19
Recalculation Charges 10/17
Recalculation Charges 04/19
Recalculation Charges 10/17
Recalculation Charges 10/17
Recalculation Charges 10/17
Recalculation Charges 10/17
Recalculation Charges 04/19
Recalculation Charges 04/19
Recalculation Charges 04/19
Recalculation Charges 04/19
Recalculation Charges 04/19
lnitial Charges 05/19
lnitial Charges 05/19
201905143141993
2t2
201905143141993
2t2
201905143141993
272
201905143141993
350
201905143141993
350
201905143141993
350
201905143141993
3s0
201905143141993
350
201905143141993
350
201905143141993
3s0
201905143141993
3s0
201905143141993
350
201905143141993
350
201905143141993
350
36.22
26.74
-0.57
8s.18
0.41
-445.92
-73.67
-31,275.t\
-209.81
-9,546.72
148.90
16.15
464,808.67
17,995.88
P tinted: 5 I 29 I 2079 2: 25: 38PM Pase 10 of 56
NUMBER AMOUNT DESCRIPTION !NVOtCE NUMBER
Page 126 of 508
CIW OFVERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
OO24I2. CALIFORNIA ISO 055.9200.s00210
055.9200.500170
9,161.90 lnitial Charges 05/19
-954.61 lnitial Charges 05/19
s
S
201905143141993
350
201905143141993
350
osl2r/207s 8337 s 449,773.64
002468 - DEPARTMENT OF WATER &
POWER
0ss.9200.500170
055.9200.500260
S
s
21,870.00 Energy Purchase
575.00 Energy Purchase
GA193785
GA193785
05l2tl2019 8338 s 22,445.0O
OO2517. SO CAL PUBLIC POWER
AUTHORITY
0ss.9200.500180 5
055.9200.5001s0 s
055.122100 s
266,500.00 Minimum Cost 05/19
43,445.00 Variable Cost 04/19
10,000.00 PSF Cost 05/19
PV0519
PV0519
PVo519
osl2tl20t9 8339 s 319,945.00
OO19O5 - WILLIAM DAVIS 011.1001.s02030 s 500.00 HSA Employer Contribution-050619
0s/2tl2or9 8340 s s00.00
006494. WENDELL WALL 020.1084.s02030 s 500.00 HSA Employer Contribution-050519
osl2L/2079 8341 s 500.00
OO149O - ALL CITY MANAGEMENT
SERVICES 578.10
P(intedi s I 29 /2019 2:25:38PM
011.1031.594200 s 578.10 School Crossing Guard Services 61064
os/2712019 8342 s
Pase 11 of 56
ETECTRONIC
VENDOR NAME AND NUMBER AMOUNT DESCRIPTION
Page 127 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
ELECTRONIC
003441 . ENTERPRISE FM TRUST 011.4031.840000 s 898.58 Monthly Lease Charges F8N3710179
os/2t12079 8343 s 898.s8
006593 - PITNEY BOWES PRESORT
SERVICES
011.1004.s20000 s 7,000.00 Postage Replenishment 051619
os/2t/2019 8344 s 7,000.00
005433 - RUTAN &TUCKER, LLP 011.1048.s95200 s t,954.62 Re: Housing lssues 835137
osl2r/2019 834s s r,954.62
002517 - SO CAL PUBLIC POWER
AUTHORITY
055.9200.5001s4 s 280,180.81 Astoria 2 Solar Project ATSPO519
os/2Ll2OL9 8346 s 280,180.81
OO1O79. SIEMENS MOBILITY, INC 011.1043.590000
011.1043.s90000
011.1043.590000
s
s
s
3,239.00 Traffic Signal Maintenance 03/19
3,088.43 Traffic Signal Response Call Outs 03/19
1,912.08 Traffic Signal Maintenance
5510156100
5520019483
562002t223
osl2L/20L9 8347 s 8,239.51
003158 - AETNA HEALTH OF
CALIFORNIA
011.1026.s02031
011.1025.502031
s
s
L0,027.63 Medicare PPO Retirees
2,270.66 Medicare HMO Retirees
3t270127
37270996
t2,238.29
Printedi 5 I 29 I 2019 2:25:38PM
os/23/20L9 8348 s
Paae 12 of 56
ACCOUNT INVOICE
I{UMBER AMOUNTT DE9CRIPTIOT{
PAYMENT PAYMENT PAYMENT
INVOICE P.O.* DATE NUMBER AMOUtiIT
Page 128 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
005172 - BLUE SHIELD OF CALIFORNIA 011.1025.502031
011.1026.502031
oLl.2lo22t
020.27022L
055.270221
056.2rO221
olr.210221
020.21022L
055.210221
0t1.270227
020.2L022L
055.2t022t
056.2t0221
071.210221
020.21o22t
055.2L0221
o57.2rO22L
o71.27022t
o55.2LO221
o7t.2lo22L
055.210221
055.21022r
otr.2ro22t
Ptinted: 5 129 12079 2:25:38PM
s
s
S
s
s
s
s
S
s
S
s
s
s
s
s
s
s
s
s
s
s
s
s
69,165.09 Early Retirees
5,886.17 Cobra
110,043.85 Medical High HMO: Payment
7,5O7.4O Medical High HMO: Payment
24,667.32 Medical High HMO: Payment
5,871.90 Medical High HMO: Payment
22,023.96 Medical High PPO: Payment
260.12 Medical High PPO: PaYment
L,474.04 Medical High PPO: Payment
49,884.35 Medical HSA PPO: Payment
5,587.32 Medical HSA PPO: PaYment
5,343.26 Medical HSA PPO: Payment
606.90 Medical HSA PPO: Payment
79,816.L4 Medical Low HMO: Payment
3,559.94 Medical Low HMO: Payment
L7,392.82 Medical Low HMO: Payment
252.12 Medical Low HMO: PaYment
605.90 Medical premiums: MaY 2019-
1,957.30 Medical premiums: May 2019-
-7,169.34 Medical premiums: May 2019-
2,687.99 Medical premiums: May 2019-
7,776.25 Medical premiums: May 2019-
-506.90 Medical premiums: May 2019-
191050008223
191060008274
Ben216133
Ben216133
8en216133
8en216133
Ben216133
Ben216133
8en216133
Ben215133
Ben216133
8en215133
8en216133
8en216133
8en216133
8en216133
Ben216133
8en216133
Ben216133
8en215133
Ben215133
Ben216133
8en216133
Pase 13 of 56
ETECTRONIC
NUMBER AMOUNT DESCRIPTION NUMBERVENDOR NAME AND NUMBER
Page 129 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
005172 - BLUE SHIELD OF CALIFORNIA 055.210221
ort.21022t
oLl.2ro22l
ot]-.21022t
011.1004.530034
-1,957.30
-867.08
-1,388.38
-606.90
0.83
s
s
s
s
S
Medical premiums: May 2019-
Medical premiums: May 2019-
Medical premiums: May 2019-
Medical premiums: May 2019-
Rounding Ad.iustment
8en215133
Ben215133
8en216133
Ben216133
8en216133
osl23/2019 834s s 409,885.09
P rinted: 5 /29 /2079 2:25:38PM Paee 14 of 56
VENDOR NAME AND NUMBER P.O.# DATE NUMBER AMOUNI
Page 130 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
ETECTRONIC
-
accouirti:|: tNvotcE ....' PAYMET{T PAYMEI{I PAYMENT
vENDoR NAME AI{D NIIMBER I{UMBER , AMoUI{T DEICRIPIIOI{ . TTTTOTCE P.O.* DATE |IUMBER AMOUNT
Ben216131
8en216131
8en215131
8en216131
8en216131
Ben216131
8en216131
Ben216131
Ben2 15131
Ben216131
8en216131
Ben216L31
8en216131
8en215131
8en21513 1
Ben216131
Ben2 15131
8en215131
Ben2 16131
8en216131
8en215131
8en216131
8en215131
OO3O8O. METLIFE GROUP BENEFITS 0r1.2ro222
020.210222
oss.2Lo222
056.2tO222
0t7.2LO222
020.210222
oss.2Lo222
056.2LO222
057.2tO222
071.210222
otr.2ro222
oLL.2tO222
011.2to222
055.2L0222
oss.270222
otL.2ro222
oLL.2LO222
otL.2LO222
otl.2ro222
055.2tO222
otl.210222
oLL.210222
01t.270222
S
s
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s
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s
s
s
s
s
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S
s
s
s
S
s
S
S
s
S
s
s
18,657.16 Dental PPO lnsurance: Payment
960.26 Dental PPO lnsurance: Payment
3,084.68 Dental PPO lnsurance: Payment
362.48 Dental PPO lnsurance: Payment
1,343.04 Dental HMO lnsurance: Payment
134.23 Dental HMO lnsurance: Payment
483.88 Dental HMO lnsurance: Payment
47.52 Dental HMO lnsurance: Payment
6.34 Dental HMO lnsurance: Payment
288.84 Dental premiums: O5ll9-
-87.42 Dental Premiums -OSl79-
47.53 Dental Premiums -05/79-
51.09 Dental Premiums -05h9-
-95.05 Dental Premiums - OSIL9-
188.10 Dental Premiums - 05/19-
51.09 Dental Premiums - 05/19-
51.09 Dental Premiums - 05/19-
51.09 Dental Premiums - 05/19-
-51.09 Dental Premiums - 05/19-
-188.10 Dental Premiums - 05/19-
-51.09 Dental Premiums -05/L9-
-100.68 Dental Premiums - 05/19-
-51.09 Dental Premiums -05/19-
Ptinled: 5 /29 / 20L9 2:25:38PM Pase 15 of 55
Page 131 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4,2019
OO3O8O - METLIFE GROUP BENEFITS 011.1026.502031
011.1004.530034
s
s
5,657.35 Dental Premiums - 05/19-
1.08 Dental Premiums -05/L9-
8en216131
Ben216131
osl23l2079 83s0 s 30,842.32
OOO447 - CDW GOVERNMENT, INC.011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.s20010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
011.9019.520010
S
5
s
s
s
s
s
s
s
S
s
s
S
7,817.34 VIZIO E70-F3 E-Series - 70" Class
14.00 RECYCLING FEE 35,.AND OVER-
172.55 Sales Tax 9.5%
319.97 Contour RollerMouse Red - rollerbar -
845.22 Plantronics CS 540 Noise-Canceling -
580.06 HP Color LaserJet Pro M452dn (5399-5100
327.86 HP Laserjet Pro M402n Monochrome
174.59 HP Officejet Pro7740 AIO color
82.78 Microsoft Surface Pen - stylus -
653.85 APC Back-UPS Pro BR1500MS - UPS - 900
46.98 Sales Tax 9.5%
174.42 Sales Tax 9.5%
62.13 Sales Tax 9.5%
scB8840
sc88840
sc88840
SDH7993
sDH7993
sDH7993
SDH7993
sDH7993
sDH7993
sDH7993
sDH7993
SDH7993
SDH7993
011.0013769
011.0013769
011.0013773
011.0013773
011.0013773
011.0013773
011.0013773
011.0013773
011.0013773
os/23/2019 83s1 s 5,27L.85
P tinted: 5 129 /2019 2:25:38PM Pase 16 of 56
NUMBER AMOUNT DESCRIPTION lNvorcr NUMBER AMOUNT
Page 132 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
OOO2O9. MERRIMAC ENERGY GROUP 011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
011.120030
7,554.37 Diesel Fuel.
11.93 AB32 Fee
5.54 Federal Oil SpillTax
931.68 State Diesel Excise Tax
2.59 Lust Fee
1,155.11 Clear Diesel Sales Tax
10,532.64 Unleaded Fuel.
13.25 CA Enviro/Fed Oil SPill Tax
5.65 CA Childhood Lead Fee
14.60 AB32 Fee
7,569.L7 State Gasoline Excise Tax
3.76 Lust Fee
546.24 Fuel Sales Tax 4.50%
S
S
s
s
s
s
s
s
s
s
s
s
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279t526
2t91526
2791526
2L9L526
2197526
2t9t526
2t91527
2L91527
2191s27
219t527
2t9L527
2797s27
2t9t527
011.0013779
011.0013779
011.0013779
011.0013779
011.0013779
011.0013779
011.0013779
011.0013779
011.0013779
011.0013779
01r..0013779
osl23l2ot9 83s2 s 22,346.53
005168 - PLURALSIGHT, LLC 011.9019.s90110 s I,497 .OO Business - P rofessiona I (Govern me nt)-tNV04023463 011.0013704
osl23l2o1-s 83s3 s 7,497.00
003584. WILLIAMS DATA
MANAGEMENT
011.1003.s95200 s 375.00 Storage Services 464736
osl23l2ots 83s4 s 37s.00
003584. WILLIAMS DATA
MANAGEMENT
L,234.52
P rinted: 5 /29 I 2019 2:25:38PM
011.1003.596200 s L,234.52 Storage Services 465680
osl23l2or9 83ss s
Pase L7 of 56
AMOUNT DESCRIPTION _ tNvolcE P.O.f DATE NUMBER AMOUNT
Page 133 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
ETECTRONIC
VENDOR NAME AND NUMBER
OO219O - OFFICE DEPOT
ACCOUNT IIIIVOICE PAYMENT PAYMENT PAYMENT
NUMBER AMOUNT DESCRIPNOI{ INVOICE P.O.f DAIE NUMBER AMOUIT
011.1003.s20000 s
011.1043.s20000 s
011.1040.520000 s
011.1041.s20000 s
020.1084.s20000 s
05s.8100.s20000 s
0ss.9100.520000 s
0ss.9200.s20000 s
05s.9000.s20000 s
055.9000.s20000 s
0ss.9000.520000 s
055.9200.s20000 s
055.s500.s20000 s
055.s500.520000 s
011.1031.520000 s
011.1031.520000 s
011.1031.520000 s
011.1025.s20000 s
011.1004.520000 s
18.51 Supplies
56.39 Supplies
56.38 Supplies
7.65 Supplies
10.39 Supplies
22.27 Supplies
37.70 Supplies
76.76 Supplies
105.51 Supplies
31.43 Supplies
69.96 Supplies
108.84 Supplies
16.55 Supplies
188.01 Supplies
850.26 Supplies
17.53 Supplies
119.55 Supplies
97.41 Supplies
124.98 Supplies
293943141001
295449755001
295449755001
295455284001
29728832300t
29728832300L
29728832300r
29728832300L
29728832300L
29729465900L
29729466000r
29729466000L
29729829500t
297298406001
301702098001
301705148001
301705149001
303448225001
303612053001
2,026.38
Printed: 5 I 29 /2079 2:25:38PM
os/2212019 83s6 s
Pase 18 of 56
Page 134 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
,, PAYi'EI'I ,AYI,EI'I PAY!/IEIIT
vEr{oon raME AID truM!€t ' tuuatn fl/touttT oEsc mo NlrolcE P.o., mrE f,UMBER aMoul{r
ETECTRONIC
000059 - so cAL EDlsoN 0s5.8100.s50010 s
011.1043.550000 s
011.1042.560000 s
055.9200.s60010 s
23.83 Period: 04/19
35.15 Period:04/19
215.13 Period:04/19
729.44 Petiod:.04/19
050119
0s011e(2)
050219
oso219(2)
osl22/2079 83s7 s 1,004.55
OOO249 - FEDEX 011.1024.510000 s
011.1004.520000 s
055.9000.s20000 s
011.1026.520000 s
055.9000.s20000 s
011.1026.s20000 s
68.50 Period:04/19
36.99 Period: 04/19
50.41 Period:04/19
83.09 Period: 04/19
165.59 Period:04/19
113.15 Period:.04/L9
5s2660883
6s2550883
653461429
65346L429
65408s728
654085728
os/2312079 83s8 s 527.93
001617 - UPS 011.1041.s20000
011.1033.520000
011.1041.520000
51.92 Period: 04/19
43.07 Period: 04/19
42.50 Period:04/19
s
s
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933312179
933312179
933312189
os/2312019 83s9 s r37.49
OO34O7. VERNON POLICE OFFICERS
BENEFIT
2,O70.76
P rifiedt 5 / 29 I 2019 2:25:38P M
011.210250 2,070.76 Police Association Member Dues: Payment 8en216149
os/2312079 8360 s
Paae 19 of 56
Page 135 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
ETECTRONlC-1 ..- rcqll{;I::::ii:':.. l.{volct 1': ::iiiii:: : ,,::,:,,:,, :::: r.ji , P^!{ilE]{r PYME r PAYMETT
wflofi,trlmr Axo nuusrn ruritii': affout{I DEsciirior :,: ffiiiiorct p.or. :i: ,,E,\rE rruirBEn AMounr
005392 - TEAMSTERS LOCAL 911 011.210250
020.210250
055.210250
o57.2LO250
055.210250
s
s
s
s
S
1,980.00 Teamsters Local 911 Dues: Payment
395.00 Teamsters Local 911 Dues: Payment
225.80 Teamsters Local 911 Dues: Payment
7.20 Teamsters Local 911 Dues: Payment
-18.00 Teamsters Local 911 Dues: Paymenr
Ben2 L6L35
Ben2 16135
Ben2 16135
Ben2 16135
Ben2 15135
os/23/2019 8361 s 2,592.00
003141 - VERNON FIREMENS
ASSOCIATION
011.210250 3,413.00 Fire House Fund: Payment Ben2 15153
os/2312Ot9 8362 s 3,4r.3.00
003168 . ICMA RETIREMENT TRUST
457
o11.2L0220
020.2ro220
055.210220
056.210220
0s7.2LO220
29,84L.24
1,501.52
8,274.25
1,325.s3
20.00
s
S
s
s
S
Deferred Compensation: Payment
Deferred Compensation : Payment
Deferred Compensation: Payment
Deferred Compensation: Payment
Deferred Compensation: Payment
8en216137
8en216137
Ben215137
8en215137
Ben215137
osl23/2019 8363 s 40,962.54
003146. CITY OF VERNON, FSA
ACCOUNT
011.100013
011.100013
s
S
288.30 FSA - Dependent: Payment
253.47 FSA - Medical: Payment
Ben2L6147
Ben216147
54t.77
Prinled: 5 /29 /2OL9 2:25:38PM
os/2312OL9 8364 s
Pase 20 of 56
Page 136 of 508
CIW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4,2019
ETECTRONIC
re PAYMETT NAYUEI'I PAYUE|IT
vEt{oon raiiE Axp xuirEER t{u aER AriOUt{T DEnlmOr nvocE ?.o.1 DArE IIU BER aMouf,T
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TREASURY
011.210210
020.210210
0ss.210210
055.210210
o572L0270
011.210210
o20.2ro2to
0ss.210210
0s5.210210
057.210210
011.210210
5,604.43
24,532.O1
2,538.91
50.59
27,505.58
1,584.18
5,975.28
579.62
t4.46
250.68
120,3L2.24 Federal Withholding: Payment Ben215141
8en216141
Ben215141
8en215141
8en215141
8en215141
8en216141
8en216141
Ben215141
8en216141
8en215141
S
s
s
s
s
s
s
s
s
s
Federal Withholding: Payment
Federal Withholding: Payment
Federal Withholding: Payment
Federal Withholding: Payment
Medicare: Payment
Medicare: Payment
Medicare: Payment
Medicare: Payment
Medicare: Payment
Social Security Tax: Payment
osl24/20te 836s s 188,957.98
001635 - EMPLOYMENT
DEVELOPMENT DEPT
011.210210
020.210210
05s.210210
056.210210
057.210210
49,0t6.97
2,135.99
10,399.90
989.85
19.50
State Withholding: Payment
State WithholdinB: Payment
State Withholding: Payment
State Withholding: Payment
State Withholding: Payment
8en215145
8en215145
Ben215145
8en216145
8en216145
s
s
s
s
os/24/2Or9 8366 s 62,562.22
S 5,507,43s.02
Ptinted: 5 /29 /2OL9 2:25:38PM
TOTAL ELECTRONIC
Pase 21. of 56
Page 137 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4 2019
OOOOO5. ATHRONE CO, INC 055.8100.596200
0s5.8100.596200
055.8100.595200
055.8100.595200
055.8100.s96200
055.8100.596200
84.00 Portable Restrooms
279.14 Portable Restrooms
88.95 Portable Restrooms
84.95 Portable Restrooms
279.14 Portable Restrooms
88.95 Portable Restrooms
s
s
s
s
s
s
57L250
57725L
57t252
575684
575685
575586
os/t4l2oL9 602930 s 90s.13
006591 . MARIA ISABEL ACOSTA 011.1003.596300 s 103.00 Reimb. Candidate Statement Election Fee 0s0819
oslt{l2ol9 502931 s 103.00
005554 . AMBIENT ENVIRONMENTAL,
tNc
011.1049.900000 s 750.00 Asbestos Survey 9030
os/14120t9 602932 s 7s0.00
001948 - AT&T 011.9019.560010
011.9019.550010
011.9019.s50010
011.9019.560010
011.9019.550010
011.9019.560010
s
S
s
s
s
s
20.72 Period: 03/06119 '04105179
2,583.94 Period: 03/10/L9 - O4lO9l19
19.07 Period: O3lLo/19' O4/o9lL9
2,377.99 Period: 03/10/t9 - O4lO9/19
984.99 Period : O3l tO/ 79 - O4/O9l t9
19.07 Period: o3/L5lt9 - 04/74119
12858835
t2873669
L2873670
t2873672
12873673
12908310
oslt4l2ol9 602933 s 6,005.78
001948 - AT&T 011.9019.560010
011.9019.s50010
s
S
732.5s Period: o3/2O119 - O4l ]-9179
187.38 Period o3l2Ol79 - O4/t9/L9
042019
042019(2)
919.93
P tirlle d: 5 I 29 I 2019 2: 25:38PM
osl]4l2oL9 602934 s
Paee 22 of 55
AMOUNT DESCRIPTIOI{tNvotcE NUMBER AMOUNTNUMBER
Page 138 of 508
ClW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS
T.COUI{T If,VOI(l PAYMETT CH€O( PAY EiII
VE OOnf, IliE AXO llUirBER tlUiiSER AI\iOUllI OCSiCRlTIrci IU)rcE P.O.r OAIE IIUMBEi AllOUt{T
001948 - AT&T 055.9200.560010 5 327.92 Period: O4lt9/r9 - O5/t8/r9 3108869328
05/74/2079 602935 s 327.92
002889 - AT&T MOBILITY 011.9019.560010 5 46.23 Period: O3lO9lL9 -04/08/L9 832176480XO4L62
019 oslt4/20]-9 602935 s 45.23
001752 - BENNETT-8OWEN & 020.1084.5200@ S 90.00 Satuty Glass€s - Ct€ar, 1124261. 1481018 011.0013723
LIGHIHOUsE
020.10a4.s200m S 8.5s Sales Tax 9.5% 1461016
osla4l2o79 6029t7 s 98-55
000778 - CALIFORNIA WATER SERVICE 011.1033.560000 S 101.22 Period: 04/19 042319(2)
osl14l20L9 602938 s 101.22
002566 - DEWEY PEST CONTROL 055.5500.590000 S eS.O0 Pest Control Services
055.8400.590000 $ L2200 Pest Control Services
12513533
12565229
os/74/2079 602939 s 187.00
OOL746 - ENTENMANN-ROVIN CO 011.1033.520000 S 2,385.13 Fire Badges 141659rN
0s/74/2O79 602940 s 2,385.13
000524 - TERGUSOI{ WATERWOSKs 011.120010 s 3,080.8 3088-5@ 8' MJ. X MJ.. D.t. RW OL 67!902 011.m8725
011.120010 $ 292.61 Sales rax 9.s96 67a9O2
o5l14l20L9 502941 s 3,372.74
004035 - GTO AUTO GLASS 011.1046.590000 S 75.00 Labor only to repair chip / crack on 10489885 011.0013562
os/74/2079 602942 s 7s.00
Ptinted: 5 129 12079 2:25:38PM Pase 23 of 56
Page 139 of 508
ClW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4 2019
I: .. :::.![YttEt r cltEcx .. . Pl{lu'.tEtll
ifonoOn niiii iuo ruurrn ':,i riiiiiil Attot trT pls{$mox :" lilvorcE P.O.r .:' oAlE IIUMBEi 'AllroullT
EARTY CHECKS
001345 - HMKER EQUIPMENT
COMPANY
011.1046.s20000 s
011.1045.520000 s
011.1046.590000 s
011.1046.s20000 s
260.00 VA HA40052HD 1" 90 deg. water swivel W55298
150.70 Shop supplies / environmental charges W55298
1,507.00 Laborto diagnose and repair. Replaced W55298
39.02 Sales Tax 9.5% W55298
011.0013551
011.0013561
011.0013661
oslt4/20]-9 502943 s 1,956.72
005358. INDUSTRIAL
ENVIRONMENTAL ASSOC
011.1023.s96200
011.1023.596200
s
s
2,437.74 Compliance Outreach & Educational
2,579.46 Compliance Outreach & Educational
1811
1812
os/L4/2019 602944 s 4,957.20
OO5O93 - JCL TRAFFIC SERVICES 011.1043.520000
011.1043.520000
011.1043.s20000
011.1043.s20000
s
s
s
s
1,377.50 Type I Wood & Metal Barricade,
925.00 D Cell Amber Flasher, Stenciled: City
40.00 Freight
222.54 Sales Tax 9.5%
99481
99481
99481
99481
011.0013703
011.0013703
011.0013703
oslt4l2o79 60294s s 2,565.04
001500 - PActFtc PRoDUcrs &
SERVICES, L
011.1043.520000
011.1043.520000
011.1043.520000
011.1043.520000
011.1043.520000
s
s
s
S
s
353.90 Light Duty WedBe Puller, #LDWP.
92.00 Light Duty Hook, #JR-58.
48.50 Double Hex Coupling Nut, #N03-N.
18.00 Freight
47.93 Sales Tax9.5%
24912
249L2
24912
249t2
24972
011.0013729
011.0013729
011.0013729
011.0013729
570.43
Ptinted: 5 129 /2019 2:25:38PM
oslt4/20t9 602946 s
PaEe 24 ot 56
Page 140 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS
TECO"ltl _ iNVOiCE PAYllEllT CHECI( PAYMEI|I
VEI{DOR ITAME AIID iUM!EI XUMBER AMOUIYI O€s(NIPT|O NU)rcE P.O.' I,{IE I{UMBER AMOUI{T
003775 - SILVA'S PRINTING NETWORK 011.1001.520000 S 79.00 Business Cards (Gloss UV) - Leticia 25958
011.1001.520000 S 79.00 Business Cards (Gloss UV) - Yvette 26958
011.1001.520000 S 79.00 Business Cards (Gloss UV) - William J. 26958
011.1001.520000 S 79.00 Business Cards (Gloss UV) - Carol Menke 26958
011.1001.520000 S SO.O2 Sales Tax 9.5%269s8
011.0013765
011.0013755
011.0013755
011.0013765
os/74120l9 602947 s 345.02
001960 - SNAP-ON TNDUSTRTAL 011.1045.520000 S L32.72 ECPNA021 rechargeable flashlights ARV39570416 011.0013559
011.1046.520000 S g.S4 Freight
011.1046.520000 S 13.55 Sales Tax9.5%
ARV39570416 011.0013659
ARV39570416
osll4/20L9 602948 s 156.21
000380-STACYMEDICALCENTER 011.1026.597000 S 70.00 MedicalServices 24s331060
oslr4l20l9 602949 5 70.00
006438- STREAMKIMHICKSWRAGE 011.1024.593200 S 2,534.90 Professional Services-231s(2)
0slt4l2o19 6029s0 s 2,s34.90
000282 - TRt-CtTy MUTUAL WATER 011.1033.560000 s 157.50 Period: 04/19
COMPANY
050119
05/1412079 5029s1 s 1s7.s0
001481 - VERIZON WIRELESS 011.9019.560010 S 832.96 Period: 03/19 9827865566
osh4l20L9 6029s2 s 832.96
001481 - VERIZON BUSINESS SERVICES 011.9019.560010 S 553.95 Period: 03/19
os/74.lz}te 6029s3 s ss3.9s
Ptnned: 5 129 12019 2:25:38PM
71099523
Paee 25 of 55
Page 141 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
001528. WECK LABORATORIES, INC 020.1084.500140
020.1084.500140
s
s
15.00 Water Quality Testing & Reporting
15.00 Water Quality Testing & Reporting
W9D1309COVERN
ON
W9D131OCOVERN
ON
oslt4/20]-9 602954 s 30.00
P tinted: 5 /29 /2079 2:25:38PM Pase 26 of 56
EARTY CHECKS
VENDOR T{AME AND NUMBER
rNvorcE
AMOUNT DESCRIPTION tNvorcE
Page 142 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
EARLY CHECKS
AOOOI'tIT IIII'OrcE PAN'ETT OlECf, PAYUEIIT
VEI{OON AME O [{UM8€N UUBER AMOI.IIT DESCIIPnO flVOIcE P.O.I DAIE IIUMBER AMOUTT
005485 - MEDTCAL EYE SERVTCES, rNC 011.210230 s
os7.2LO23O s
05s.210230 s
011.210230 s
011.210230 s
055.210230 s
0ss.210230 s
0ss.210230 s
011.210230 s
011.210230 s
020.210230 s
011.210230 s
011.210230 s
011.210230 s
011.210230 s
011.210230 s
0ss.210230 s
011.210230 s
011.210230 s
011.210230 s
011.1026.s02031 s
011.210230 s
011.1004.530034 s
P ti^te d: 5 I 29 I 2Ol9 2: 25:38PM
5,233.18 Vision lnsurance Payment
-17.94 EE0137 Separated - Received Credit
-41.86 EE0137 Separated - Received Credit
11.59 EE0159 Separated 04116- waitingfor
9.04 EE0187 Tier Changed - needs adjustment
29.90 EE0386 Separated 04/09 - waiting for
29.90 EE1024 Separated O4l7l - waiting for
11.59 EE1065 Separated 04/04 - waiting for
-81.13 EE1065 Credit error - MES needs to
-11.59 E81065 Rehired O4/LS - needs to be
-23.18 EE1075 Separated O2/Ol - Received Credit
11.59 EE1078 Billed for April '19
34.77 EELL22 Billed for Feb - April '19
23.18 EE1123 Billed for March & April '19
11.59 EE1125 Billed for April '19
11.59 EE1125 Billed for April '19
-20.87 EE1-]-27 Hired04/02, needs to be added
-11.59 EE1128 Hired 04/08, needs to be added
-20.87 EE1129 Hired 04/16, needs to be added
-11.59 EE1130 Hired04/17, needs to be added
175.24 COBRA Employees
-260.93 Credit from Deposit ICK#60I724I.
1.40 Rounding Adjustment
190974L79001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179007
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
190974179001
t9097477900L
t9097477900L
PaEe 27 of 56
Page 143 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
EARLY CHECKS
IC@I'I'T IIIVI'ICE ?AYI'EIIT CHBCX SAYMETT
vEiDoR iA tE lI{D t{uMB€R I!UU8€R AMOUi{t DESCruPnO ltll/Otc€ P.O.l D IE IIUUBEn
^lrOUrT
osl74/2019 6029ss s s,093.01
005348 - AGILITY RECOVERY
SOLUTIONS
011.9019.s90110 s 415.00 Disaster Recovery Services 84274
os/t612079 6029s6 s 415.00
001948 - AT&T 05s.9200.560010 5 152.00 Period: O3/791L9 - O |LB| L9 5570827405
oslL6/2079 602957 s 152.00
OOO818 - CAMINO REAL CHEVROLET 011.1046.590000 s 195.00 Labor to calibrate radio and chime cvcs159515 011.0013740
0s1]^6/2079 6029s8 s 195.00
OO549O . CINTAS CORPORATION 011.1043.540000
011.1046.540000
011.1047.540000
011.1049.540000
011.1043.540000
011.1045.540000
011.1047.540000
011.1049.540000
011.1043.540000
011.1046.540000
011.1047.540000
011.1049.540000
475.44 Uniforms
34.98 Uniforms
27.09 Uniforms
39.57 Uniforms
234.53 Uniforms
34.98 Uniforms
27.09 Uniforms
32.64 Uniforms
125.51 Uniforms
34.98 Uniforms
27.09 Uniforms
39.57 Uniforms
s
s
s
$
s
s
s
s
s
s
s
s
4019452208
40194s2208
40t9452208
4079452208
4019887543
4019887543
4019887543
4019887543
402027s290
4020275290
4020275290
4020275290
r,733.67
P tinted: 5 /29 / 20t9 2:25:38PM
0s/76/2Ot9 6029s9 s
PaRe 28 of 56
Page 144 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
005113 . COLANTUONO, HIGHSMITH
& WHATLE
011.1003.s95300 s 10,433.98 Re: Election Advice 38042
osl76/2Ot9 602960 s 10,433.98
ooo310 - CRAIG WELDING SUPPLY, CO 055.5600.520000 s 254.70 Welding Supplies-630875 056.0000525
osh6l20].9 602961 s 254.70
OOO947 . DAILY JOURNAL
CORPORATION
011.1043.550000
011.1043.550000
011.1048.550000
020.1084.s96600
020.1084.596500
s
s
s
s
s
936.50 Publication Services
955.00 Publication Services
1,272.60 Pu blication Services
100.80 Publication Services
100.80 Publication Services
B3245018
83245019
83245047
83247t56
83247L60
os/L6l2ot9 602s52 s 3,376.80
Ptnned 5 I 29 12079 2:25:38PM Pase 29 of 56
EARTY CHECKS
VENDORNAME AND I{UMBER
ACCOUNT INVOICE
NUMEER AMOUf{T DESCRIPTION DAIE NUMBER
Page 145 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
,uNE 4, 2019
001935. EMPIRE CLEANING SUPPLY 011.120010
011.120010
011.120010
011.120010
011.120010
011.120010
011.120010
011.120010
011.120010
011.120010
011.120010
s
5
s
S
s
s
s
S
s
s
S
209.30 0320-200 Brush 10" Truck Wash Green,
95.76 0515-350 Brush-Bowl Poly Bristle Wire
35.40 0515-435 Disinfectant
153.84 0578-300 Cascade Platinum Action Packs
331.20 0578-580 Soap Antimicrobial Dial
274.8O 1628-105 24" X 23" - 0.9 Black Trash
379.00 1628-115 33" X 39" - 1.7 Black Trash
742.00 1628-120 40" x46" -1.25 BlackTrash
211.02 Sales Tax9.5%
149.50 0320-200 Brush 10" Truck Wash Green,
14.20 Sales Tax9.5%
1108389
1108389
1108389
1108389
1108389
1108389
1108389
1108389
1108389
11083891
11083891
011.0013721
011.0013721
011.0013721
011.0013721
011.0013721
011.0013721
011.0013721
011.0013721
011.0013721
0s1]^6/20t9 502963 s 2,s96.02
OOI773 - FILEMAKER, INC 011.9019.520010
011.9019.520010
011.9019.520010
s
S
s
1,170.00 FM14O539LL FM PRO 1YR VLA MNTTl
216.00 FM14O574LL FM PRO ADV VLA 1YR MNT
2O9.OO FM14O6O2LL FM SERVER 1YR VLA MNT
5510372
5sto372
5510372
011.0013775
011.0013776
011.0013776
osl76l2oL9 602964 s 1,595.00
011.1043.59s200 s 51,371.91 Prop 1 Stormwater lmplementation PROP1017005421 - GATEWAY WATER MGMT
AUTHORITY osl76/2079 60296s s 5t,371.97
OOT7].2 - GRAINGER, CO
136.70
P tinted: 5 / 79 12079 2:25:38PM
056.s600.s20000 s 136.70 Materials & Tools-9749372543 056.0000519
os/16/2019 602s66 s
Paee 30 of 56
AMOUNT DESCRIPTION INVOrCE P.O.f NUMBER AMOUNTNUMBER
Page 146 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
OO4O35. GTO AUTO GLASS 011.1046.520000
011.1046.590000
011.1046.520000
s
s
s
11O.OO DWO1549GBYN front windshield
65.00 Labor to replace front windshield
10.45 Sales Tax 9.5%
t0490009
r0490009
r0490009
011.0013737
011.0013737
os/t6/20]^9 602967 5 185.45
001345 - HAAKER EQUIPMENT
COMPANY
011.1045.520000
011.1046.520000
011.1045.590000
011.1046.520000
9s.02 zM 27oFl18-29601-000
6.48 ZM 27OF I 78-29807 -OOO
27.00 Freight
9.64 Sales Tax95%
s
s
s
drivers side
pillar panel seal
c5L429
c51429
c51429
c51429
011.0013735
011.0013735
011.0013735
0s/1^6120t9 502958 s 138.14
P tinted: 5 /29 I 2ol9 2: 25:38PM
Pase 31 of 56
EARLY CHECXS
vE Dor x rtE Axo iuirlEn l{uiilER ALourr oecSrmdi fivolcE P'o' DAIE Itui'BEF Al'ouifi
Page 147 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS
" BWErr ,lir.9rEq ''rlir:;r mWi{Iiirrrmerriiirrrroliuiliiin.:]:l.uMBEii:l:.aMiitijinorsciimor'......0vorcErP.o.l
0s0619
050619
050619
050619
050619
050519
050619
050619
050619
050519
050619
050519
050519
050519
050619
0s0519
050519
050619
050619
004239. HSA BANK 011.1003.502030 s
011.1004.s02030 s
011.1024.s02030 s
011.1026.s02030 s
011.1031.s02030 s
011.1033.502030 s
011.1040.s02030 s
011.1041.s02030 s
011.1043.502030 s
011.1045.502030 s
011.1049.s02030 s
011.1050.502030 s
011.9019.502030 s
020.1084.s02030 s
056.5500.s02030 s
0ss.8000.s02030 s
055.9000.s02030 s
055.9100.s02030 s
05s.9200.s02030 s
1,000.00 Employer Contribution O6/oL/19
2,500.00 Employer Contribution 0610l/19
1,500.00 Employer Contribution 06l 01/ 19
1,500.00 Employer Contribution OGlOtl 79
6,250.00 Employer Contribution 06/0I/19
9,500.00 Employer Contribution 06 I 0t/ L9
2,000.00 Employer Contribution 0611ll L9
1,500.00 Employer Contribution 0610]^179
3,000.00 Employer Contribution O6/OUf9
1,000.00 Employer Contribution 061 07/ L9
500.00 Employer Contributio n 0610l/ 19
500.00 Employer Contribution O6/oL/t9
1,000.00 Employer Contribution 06l OL/ t9
3,500.00 Employer Contribution 06l Oll 19
500.00 Employer Contribution 06/0l/19
500.00 Employer Contributio n 06l Of/ L9
1,500.00 Employer Contribution O6loll t9
1,500.00 Employer Contribution 06/071 79
500.00 Employer Contributio n O6/Ot/ L9
oslt6l2019 602959 s 39,750.00
001792 - LA COUNTY ASSESSOR
OFFICE
64.00
P tinte d: 5 / 29 I 2019 2:25 :38P M
011.9019.590110 s 64.00 SBF Abstract 19ASRE210
0s116/2079 602970 s
Pase 32 of 56
Page 148 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS
VENDOR NAME AND NUMBER
OOO8O4- LBJOHNSON HARDWARE CO
#1
!NVOtCE
AMOUNT DESCRIPTION tNvolcE P.O.*NUMBER
PAYMENT
AMOUNT
011.1048.520000
011.1045.520000
011.1048.520000
011.1048.520000
011.1048.s20000
011.1048.520000
011.1048.520000
011.1048.520000
011.1049.520000
011.1049.520000
S
s
s
s
s
s
s
s
s
23.53 Plumbing & Building Hardware-
315.86 Plumbing & Building Hardware-
20.41 Plumbing & Building Hardware'
15.09 Plumbing & Building Hardware-
16.74 Plumbing & Building Hardware-
-8.59 Plumbing & Building Hardware"
3.21 Plumbing & Building Hardware-
12.89 Plumbing & Building Hardware-
9.64 Plumbing & Building Hardware-
30.05 Plumbing & Building Hardware-
101138
LOt2t2
101213
101286
101301
101302
101303
101314
101375
101398
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
011.0013208
os/16/2019 602971 s 438.94
011.9019.520010 s 630.00 Remote Assistance (per hour)-626882 011.0013526004148 - LUClrY, INC
0s/76l20rs 602972 5
os/t6/2019
630.00
OO115O - MCMASTER CARR SUPPLY
COMPANY
055.8000.590000
0ss.8000.s90000
0s5.8000.s90000
05s.8000.s90000
055.8000.590000
78.47 Hardware Supplies-
401.30 Hardware SupPlies-
442.79 Hardware SuPPlies-
265.92 Hardware SuPPlies-
227.83 Hardware Supplies-
s
s
s
s
90558282
90941233
9t422538
91525333
92342575
055.0002576
0ss.0002676
055.0002576
055.0002676
055.0002675
L,417.3L
Printed: 5 129 l2ot9 2:25:38PM
502973 s
Pase 33 of 56
Page 149 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGTSTER NO. 23
JUNE 4, 2019
011.1001.s96500 s 183.45 SCAG 2019 Regional Conference 050719006592. CAROL MENKE
osl].612or9 602974 5 183.45
006185 - NEWGEN STRATEGIES &
SOLUTIONS
0ss.9200.s95200 s 42,7 t8.75 Professional Services 7736
osl16l2ot9 50297s s 42,718.75
006475. ONEPOINT HUMAN CAPITAL
MGMT
011.9019.s20010 s 215.00 Time Tracking System 4159 1
osl16/2OL9 602976 5 215.00
011.9019.520010 s 9,375.00 Web Based Software 40300006493. PLANETBIDS, INC
0s/L6l2or9 602977 5 9,375.00
006486. QUENCH USA, INC 011.1049.520000 s L,770.67 Water Filtration Units tNvoL72272t
os/L612019 502978 s L,770.6L
001685. S&A ENGINE, INC 011.1046.s20000 s
011.1045.520000 s
45.15 595287 recoil starter
4.38 Sales Tax 9.5%
48L02
48102
011.0013736
oslt6/2079 502979 s s0.53
P(intedt s 129 /2019 2:25:38PM PaRe 34 of 56
EARTY CHECKS
tNvotcE P.O.#
Page 150 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
EARTY CHECKS
-
|i|votcE nAYMEI{T cHECx PAY}|E|{T
vElIDOi x E AllO llUllBER I{UUIER , Arrtoulfl DESCRIPIIOII llllf9.lCE P.O.I ,". Ort IUMBER AM,OUffi
004229 - SMARDAN SUPPLY CO 055.5600.520000 S 262.80 Pipe & Fittings-
055.5500.520000 S 129.89 Pipe & Fittings-
056.5600.520000 s 136.59 Pipe & Fittings-
055.5600.520000 5 11.42 Pipe & Fittings-
056.5600.520000 s 152.33 Pipe & Fittings-
055.5600.520000 5 2,581.99 Pipe & Fittings-
s3312098001 0s5.0000516
s3320657001 0s5.0000516
s3332149001 056.0000516
s3332149002 056.0000516
s3332418001 056.0000516
s3359168001 056.0000516
oslt6l2ot9 502980 s 3,28s.02
005575 - SNAPPII coRPoRATloN 011.9019.520010 S 2,050.00 custom Apps 1 106
os/t6/207s 602981 s 2,0s0.00
001017 - SPR|NT 011.9019.560010 s sa.14 Period:04/19 5779753L82t0
oslL6l20t9 602982 s 34.1.4
002075 - WE|DMANN ELECTRICAL 055.8000.590000 s 954.32 Oil Samples -
TECHNOLOGY
5900238574 0s5.0002580
osll6/2079 602983 s 9s4.32
O0O83O-ATRTUBETRANSFER 011.1049.590000 5 695.65 AirTubeSystemService
SYSTEMS, INC
34340
o5l2tl2}t9 602984 s 695.6s
006092 - ARMS UNLIMITED, INC 011.1031.520000 s 1,785.00 FA555-212-AU6545 011.OOL3767
os/2u2ot9 50298s S 1,78s.00
005666 - BADGE FRAME, INC 011.1031.550000 S 1,083.97 Memorial Presentation
os/21.120l9 602986 s 1,083.97
Ptintedi 5 /29 I 2Ot9 2:25:38PM
34000
Pase 35 of 56
Page 151 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
EARTY CHECKS . lccoum fivorcE .::,. . ffYilEl{r cH€cl( 0AYMEITT
vEr{Dof, t{aME AIril.ttuMBER. 4ula&n .:,. al/lou t oEscRlPro .. : l[{vo(ti. .. P.o.a.: oaIE .', I{UMBER AMouItt
006293 - B-LINE INVESTIGATIONS, lNc 011.1031,596200 S 4,780.00 Baclgrcund hvestiSation s€ruices 1039
0512!2079 602987 s 4,780.00
005518- CARAHSOFTTECHNOLOGY 011.9019.590110 S 6,289.59 PeakAgendaManagementAnnual - 1N635028 011.0013624
CORPORATI
011.9019.590110 5 6,670.78 Meeting Efficiency Suite Minutes Package 1N535028 011.0013624
011.9019.590110 S 1,270.53 Granicus Encoding Appliance Annual- 1N635028 011.0013624
o5l2L/2O19 502988 s 14,231.00
AOO927 - PAULCERDAJR 011.2031.595500 5 121.44 Standardized Field SobrietyTesting 0425t9
os/2112079 502989 5 72t.44
001645 - EUGENIO CERDA 011.2031.596500 S 94.88 Advanced Roadside lmpaired Driving 042519
oslztlz1Le 602990 s 94.88
005490 - CINTAS CORPORATION 011.1043.540000 S 129.92 Uniforms
011.1046.540000 s ra.s8 Uniforms
011.1047.540000 5 27.09 Uniforms
011.1049.540000 s 40.52 Uniforms
4020704042
4020704042
4020704042
4020704042
os/27/2079 602991 s 232.s1
001473 - CITY OF DOWNEY 011.1060.595200 S 3,265.50 Animal Control Services-
os/2t12079 502992 s 3,265.s0
Ptnted: 5 /29 l2OL9 2:25:38PM
233224
Pase 36 of 56
Page 152 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
OO1O27. D&R OFFICE WORKS, INC 011.1031.520000
011.1031.520000
011.1031.520000
s
S
s
2,070.00 Product 925 / 1550-Y2-A9S-
95.00 Assembly - Delivery to Dock
205.57 Sales Tax9.5%
113396tN
113396tN
113396rN
011.0013720
011.0013720
osl2t/2019 602993 s 2,370.67
002566. DEWEY PEST CONTROL 011.1048.595200
011.1048.596200
011.1048.s95200
011.1048.595200
011.1048.596200
011.1049.590000
011.1049.590000
011.1049.s90000
s
s
s
S
s
s
S
S
50.00 Pest Control Services
100.00 Pest Control Services
95.00 Pest Control Services
135.00 Pest Control Services
75.00 Pest Control Services
52.00 Pest Control Services
67.00 Pest Control Services
42.00 Pest Control Services
L2622939
L2622945
t2622946
72622947
12622948
12622949
t2622950
t262295L
os/ztl2or9 602994 s 635.00
005355 - EAN SERVICES, LLC 055.9000.595700 s 111.34 Car Rental 20974786
osl2u2ote 60299s s 111.34
003285 - ALEXY ESCOBEDO 011.2031.596500 s 94.88 Advanced Roadside lmpaired Driving 042519
osl2t/20te 602996 s 94.88
006302 - HASA, INC
207.86
Ptinted: 5 129 12019 2:25:38PM
020.1084.500140 s 207.86 Sodium Hypochlorite 636497
os/2L1201-9 602997 5
Pase 37 of 56
EARTY CHECKS
VENDOR NAME AND NUMBER Nt ?,tq!!AMOUNT DESCRIPNON tNvorcE
Page 153 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS
PAN'E||T CH€CX PAYMEITI
VEITDOR IA E AIIO iUi'BER I{UMBER AMOUIIT DESCflPIIO |I{I'OICI P.O.* D^IE TUMBER AMOU|IT
OO535O. HAUL AWAY RUBBISH
SERVICE CO,
011.1048.595200 s
011.1049.s95200 s
011.1033.s20000 s
011.1033.520000 s
011.1033.s20000 s
011.1033.s20000 s
0ss.8400.596200 s
0ss.8400.596200 s
011.1043.596200 s
67.50 Disposal & Recycling Services
213.00 Disposal & Recycling Services
67.50 Disposal & Recycling Services
67.50 Disposal & Recycling Services
67.50 Disposal & Recycling Services
57.50 Disposal & Recycling Services
117.00 Disposal & Recycling Services
439.35 Disposal & Recycling Services
4,450.30 Disposal & Recycling Services
94X01758
94X01759
94X01750
94X01761
94X0L762
94X01763
94X01764
94X01765
94X01765
osl2L/20]-9 602998 5 5,557.15
006228 - MTLLSOFT, LLC 011.9019.595210
011.9019.s95210
S
s
1,575.00 Computer Programming Services
275.00 Computer Programming Services
29r
294
osl2u2019 502999 s 1,8s0.00
001963 - NORTH STAR GRAPHICS 011.1031.s70000 5 357.50 Police Vehicle Graphics Kit 175t
os/2tl2ot9 603000 s 357.50
Ptinled: 5 /29 I 2019 2:25:38PM Pase 38 of 56
Page 154 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
003332 . P&F DISTRIBUTORS 0s5.5600.s20000
0s6.s500.520000
056.s500.520000
056.5600.520000
0s6.5600.s20000
0s5.s500.s20000
056.s500.520000
056.5600.520000
0s6.5600.s20000
3,120.00 Pipe Gas,4" x 40
80.00 Pipe Gas, 3" x 20
95.00 Tee BF,6"
60.00 Reducer BF, 6" x 4"
25.00 Reducer 8F,4" x 3"
100.00 Elbow 45 BF, 3"
120.00 Elbow 45 BF, 4"
700.00 Freight
342.00 Sales Tax 9.5%
s
s
s
S
s
s
s
S
s
128269tN
128259rN
128259rN
128269tN
1282691N
128269tN
128259rN
128269rN
128269tN
056.0000554
056.0000554
0s6.00005s4
056.0000554
056.0000554
056.0000554
0s6.0000ss4
056.0000554
os/2].120t9 503001 s 4,642.00
OO11O5. PITNEY BOWES, INC 055.7100.590110 s 3,564.95 Equipment Maintenance 1011389754
osl2tl2oL9 503002 s 3,554.95
OOO153 - PROFORMA EXPRESS
GRAPHICS
011.1031.520000
011.1031.520000
s
s
231.00 Parking Admin Return Envelopes
21.95 Sales Tax9.5%
9015502687
901s602687
os/2112079 603003 s 252.95
OOO8O5 - RIO HONDO COLLEGE 011.1031.596700 s 46.00 Enrollment Fee s19155ZVRN
os/2r120].9 603004 s 46.00
OO18O8 - DANITA ROBERTSON 011.1031.595500
011.1031.596700
150.60 CLEARS Region lllTraining
75.00 CLEARS Region lll Training
s
s
o425L9
042519
225.60
Ptimedi 5 129 /20L9 2:25:38PM
osl27l2ot9 60300s s
Paee 39 of 56
EARTY CHECKS
VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPNON INVOICE P.O.# DAIE NUMBER+
CHECX
Page 155 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
EARTY CHECKS
ACCOUI{T INVOICE PAYMEIIT CHECI( PAYMENT
VEIIIDOR TAME A'ID IIUMBER I{UM8EN AVTOUI{T DE!€NIPION NVOICE P.O.[ '' I'ATE !{UMBER AMOUIIT
000059 - so cAL EDtsoN 055.9100.464000 S 48.00 Joint Pole, Salvage Equipment, & 7501013679
os/21/20t9 503006 s 48.00
000380 - STACY MEDICAL CENTER 011.1031.595200 5 435.00 Medical Services
011.1031.596200 S 355.00 Medical Services
011.1031.596200 S 740.00 Medical Services
52173t622
521131633
52 1 131995
os/27/2019 503007 s r.,s40.00
000141 - THOMSON REUTERS - WEST 011.1024.595500 S Sf Z.r2 West lnformation Charges
011.4031.595200 S L,547.70 West lnformation Charges
840210348
840232327
osl2t/20l9 503008 s 1,8s9.82
005152 - VASQUEZ & COMPANY, LLP 011.1004.595200 S 17,850.00 Professional Services 2190418tN
o5l2t/20t9 503009 s 17,8s0.00
001997 - OSCAR ZOZAYA 011.2031.595500 S tZt.q4 Standardized Field SobrietyTesting 042519
osl2tl2019 603010 5 t27.44
Prirned: 5 /29 /2019 2:25:38PM PaRe 40 of 56
Page 156 of 508
CIW OF VERNON
OPERANNG ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
EARTY CHECKS
003143 - AFLAC
. l.@um ': fivorct . . PAYI/ltl.I c Ecll PAYuElvr
viiooR ra EaxD ruirlEn ;i, ilu aER r, r!!iii::!r,i:Arrout{I o6qi*lox ii:::,j llt\/olcE ... ?-.o.1 o rf iuirs€R . , , Al,loul{f
oLL.2tO223 s
020.2to223 s
0ss.210223 s
0s6.2LO223 s
o57.2L0223 s
01L.2rO223 s
oss2ro223 s
os6.2LO223 s
011.1004.s30034 s
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
6.05 AFLAC (Pre-Tax): Payment
1,125.50 AFLAC (Post Tax): Payment
167.96 AFLAC (Post Tax): Payment
744.72 AFLAC (PostTax): Payment
0.35 Supplemental lns - May-
Ben2 16125
Ben215125
8en215125
Ben216125
Ben215125
8en216125
8en215125
8en215125
Ben2 16125
os/23/2079 503011 s 11,98s.s1
004448 - BATTERY SYSTEMS, INC 011.1046.520000
011.1045.520000
011.1046.520000
011.1046.520000
011.1045.s20000
011.1046.s20000
011.1045.520000
945.18 Vehicle Batteries-
54.22 Vehicle Batteries-
659.72 Vehicle Batteries-
142.68 Vehicle Batteries-
212.43 Vehicle Batteries-
-272.43 Vehicle Batteries-
212.24 Vehicle Batteries"
s
s
s
s
5
s
s
48700L7
4877840
4882712
4888079
490077t
490L217
490t228
011.001318s
011.0013185
011.0013185
011.001318s
011.0013185
011.0013185
011.0013185
osl23/20]-9 603012 s 2,O24.O4
OOL752 - BENNETT.BOWEN &
LIGHTHOUSE
011.1046.520000
011.1045.520000
s
s
672.00 TAM83 whelen super led arrowstick
53.84 Sales Tax9.5%
735.84
Printedi 5 /29 l2oL9 2:25:38PM
r480960 011.0013660
osl23/zOLe 603013 s
Pase 41 of 56
Page 157 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
005529. BRIAN BYUN 011.1024.s95500
011.1024.596700
011.1024.596s00
s
s
s
7.71 Attendance at Hearing-
625.00 2019 League of California Cities City
974.44 2019 League of California Cities City
050219
051319
051319
osl23/2o1e 603014 s L,607.75
001973 - CALIFORNIA FRAME & AXLE 011.1046.520000
011.1046.520000
011.1045.520000
s
S
s
307.20 Front End Repairs-
1,008.78 Front End Repairs-
55.00 Front End Repairs-
53700
s3742
53793
011.0013193
011.0013193
011.0013193
03/23/2019 60301s s 1,370.98
OOO818. CAMINO REAL CHEVROLET 011.1046.s20000
011.1045.520000
011.1046.520000
011.1046.520000
011.1046.520000
95.58 Auto Parts-
130.87 Auto Parts-
422.39 Auto Parts-
38.70 Auto Parts-
330.36 Auto Parts-
s
S
s
s
s
21886
21897
22285
22594
226t5
011.0013186
011.0013185
011.0013186
011.0013185
011.0013185
05/2312019 603016 s 1,018.00
P rinted: 5 /29 l2ol9 2:25:38PM Pase 42 of 56
EARLY CHECKS
It{votcE
AMOUNT DEgCRIPTTON
Page 158 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
004153 - CENTRAL FORD 011.1046.s20000
011.1046.520000
011.1046.520000
011.1046.520000
011.1046.520000
011.1046.s20000
011.1045.520000
011.1045.520000
011.1046.s20000
011.1046.520000
011.1046.s20000
011.1045.520000
144.21 Auto Parts-
43.57 Auto Parts-
108.89 Auto Parts-
22.11 Auto Parts-
120.28 Auto Parts-
74.22 Auto Parts-
75.76 Auto Parts-
39.34 Auto Parts-
29.71 Auto Parts-
37.75 Auto Parts-
128.73 Auto Parts-
102.32 Auto Parts-
s
s
s
s
s
S
S
s
s
s
s
s
334285
334577
334584
334658
334740
334743
334900
335101
33s338
33s369
335456
33s598
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
011.0013187
01r..0013187
osl23l2079 603017 s 926.89
005490 - cTNTAS CORPORATION 020.1084.540000
0ss.8000.s40000
055.8100.540000
056.s500.s40000
020.1084.540000
055.8000.540000
055.8100.540000
056.s500.540000
113.70 Uniforms
33.57 Uniforms
97.45 Uniforms
40.08 Uniforms
113.70 Uniforms
33.56 Uniforms
97.47 Uniforms
111.03 Uniforms
s
s
s
S
s
S
s
s
4A2t043r49
402L043749
402t043149
4021043149
4021481018
4021481018
4021481018
4021481018
640.57
P rinted: 5 /29 I 2079 2:25;38PM
os/23l2ots 503018 s
Pase 43 of 56
EARTY CHECKS
AMOUNT
Page 159 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4,2019
EARLY CHECKSmrc ?aYllEt{T cHEcl( PAY ETT
VEI{DOR ItAi'E AXD IIUi/I8ER I{UMAER AMOUIIT DESCRIPIIOI! VOrcE P.O.' "AIE IIUMIER AMOUfi
003142 - COLONIAL LIFE ott.21.o223 s
020.2to223 s
oss.270223 s
0s6.2to223 s
011.2to223 s
011.1004.530034 s
3,951.08 Colonial Supp lns (Pre-Tax): Payment
606.84 Colonial Supp lns (Pre-Tax): Payment
t,334.\2 Colonial Supp lns (Pre-Tax): Payment
807.88 Colonial Supp lns (Pre-Tax): Payment
230.06 Colonial (Post Tax): Payment
0.04 Supplemental lns - May-
Ben215123
Ben216123
8en216123
Ben216123
Ben215123
Ben2 16123
osl23/20te 603019 s 6,940.O2
OOOO38. JEREMY CROSS 011.1031.596s00 s 93.00 CALRO Conference 043019
os/23l2}ts 503020 s 93.00
001336 . CURRENT WHOLESALE
ELECTRIC SUP
020.1084.s20000
020.1084.520000
011.1049.520000
0r.1.1049.s20000
011.1049.520000
011.1049.s20000
011.1049.520000
011.1049.s20000
011.1049.520000
011.1049.520000
011.1048.520000
S
s
S
s
S
S
s
s
s
s
s
3,353.88 Electrical Supplies-
1,7 43.83 Electrical Supplies-
71.90 Electrical & Hardware Supplies-
253.16 Electrical & Hardware Supplies-
154.95 Electrical & Hardware Supplies-
30.95 Electrical & Hardware Supplies-
550.31 Electrical & Hardware Supplies"
96.08 Electrical & Hardware Supplies-
480.17 Electrical & Hardware Supplies-
578.79 Electrical & Hardware Supplies-
630.15 Electrical & Hardware Supplies-
257473
257558
257674
257675
2577t7
257746
257747
257776
257777
257840
257871
011.0013313
011.0013313
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
011.0013212
01 1.00132 12
01 1.00132 12
7,954.t9
Ptintedi 5 129 12019 2:25:38PM
0s123/20t9 603021 s
PaRe 44 ot 56
Page 160 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS,.. :iiii accouffi r lor(E .,. ..,:. ,,'. P^luBlrl. cHEo( DA{!,lll{T
vErogi r{AtrE A11D t{U66Efr:iiii:., :ii::l xUMrEn , AMoUE DGsc(t lO.B ..::',i.'.; nvorcE :., :i ill #OJ _ . :,.::::, XUurrn iefffuiftJ-:=r::i:::::i-:i
006191- DATAT|CKET,tNC 011.1031.594200 s 958.06 Parking Citations Processing Services 99619
os/23/20]-9 503022 s
001936. EMPIRE CLEANING SUPPLY 011.120010
011.120010
011.120010
s
5
s
1,027.20 0552-570 Lotusoft White 2-ply Toilet
3,270.00 0552-800 GP White Multifold Towel
408.23 Sales Tax 9.5%
1t12493
t7]-2493
1 1 12493
011.0013770
011.0013770
os/2312019 603023 s 4,105.43
005608. FAMILY HEALTH CARE
CENTERS OF
011.1021.797000 s 28,200.00 CommUNlTY Fund Grant 0508L9
osl23/2079 503024 s 28,200.00
003796- FTREAPPARATUSSOLUTTONS 011.1033.570000 s
011.1033.s70000 s
011.1033.s70000 s
011.1033.570000 s
011.1033.570000 s
011.1033.s70000 s
011.1033.s70000 s
011.1033.570000 s
011.1033.570000 s
011.1033.s70000 s
25,018.77 Vehicle Maintenance & Repairs
1,155.10 Vehicle Maintenance & Repairs
L,002.47 Vehicle Maintenance & Repairs
573.49 Vehicle Maintenance & Repairs
3,395.22 Vehicle Maintenance & Repairs
494.75 Vehicle Maintenance & Repairs
527.67 Vehicle Maintenance & Repairs
413.07 Vehicle Maintenance & Repairs
9,982.85 Vehicle Maintenance & Repairs
1,302.09 Vehicle Maintenance & Repairs
14539
14565
t4577
14501
L4602
14603
L4604
14506
14607
r4627
43,866.49
P(intet 5 /29 I 2079 2:25:38PM
osl23/2079 60302s s
Paee 45 of 56
Page 161 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
004181. FRANCHISE TAX BOARD o20.2L0260
05s.210250
148.41 Garnishment: Payment
841.00 Garnishment: Payment
8en215129
8en215129
osl23l2079 503026 s 989.41
OOO399 - GARVEY EQUIPMENT
COMPANY
011.1046.s20000 s 24.56 Parts & Services-1 18751 011.0013188
osl23/2019 503027 s 24.56
005421 - GATEWAY WATER MGMT
AUTHORITY
011.1043.595200 s 3,866.18 Prop 1 Stormwater lmplementation PROP10171
osl23l2oL9 603028 s 3,855.18
001345. HMKER EQUIPMENT
COMPANY
011.1045.520000 s
011.1046.590000 s
011.1045.520000 s
290.00 EB 7873222 5 segment gutter broom set
55.00 Freight
27.55 Sales Tax9.5%
cs1399
cs1399
c51399
011.0013663
01-1.0013663
osl23/2019 603029 s 382.55
OOO829 - IRON MOUNTAIN 011.9019.s50010 s 225.62 Storage Services 201882598
os/23/2079 503030 s 225.62
OO18OO. JSB FIRE PROTECTION, LLC 011.1033.595200 s 2,94L.57 Plan Check Services 19204
osl23l2ot9 603031 s 2,947.57
005594. WILLIAM JUN
68.00
Printed: 5/2912019 2:25:38PM
011.199999 68.00 Refund F-20t9-1223: Customer found Ref000216025
osl23/2019 603032 s
Pase 46 of 56
EARTY CHECKS
NUMBER AMOUNT DESCRIPTION tNvotcE NUMBER
s
s
Page 162 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
EARTY CHECKS
VENDOR NAME AND IIIUMBER
001832 . KENNEDY NAMEPLATE
COMPANY, INC
ACCOUNT INVOICE PAYMENT CHECK PAYMENT
NUMEER AMOUNT DESCRIPTION INVOICE P.O.fi DATE NUMBER AMOUNT
01r..1026.520000 s
011.1026.s20000 s
18.10 Wooden name plate 2"x 8"-
1.72 Sales Tax9.5%
79L52
79t52
011.0013786
os/2312079 503033 s 19.82
003272 - LANGUAGE LINE SERVICES,
tNc
011.1031.s94200 s 250.30 lnterpretation Services 4544250
os/23/20L9 603034 s 2s0.30
003908 - LOPEZ & LOPEZTTRE SERVTCE 011.1046.520000
011.1046.520000
011.1046.s20000
011.1045.520000
011.1046.s20000
011.1046.520000
011.1046.520000
332.00 Tires, Accessories & Repairs-
169.47 Tires, Accessories & Repairs-
488.80 Tires, Accessories & Repairs-
18.00 Tires, Accessories & Repairs-
18.00 Tires, Accessories & Repairs-
307.47 Tires, Accessories & Repairs-
18.00 Tires, Accessories & Repairs-
s
s
s
S
5
s
5
21t25
2Lt29
2L132
21181
21228
2 1301
2L304
011.0013189
011.0013189
011.0013189
011.0013189
011.0013189
011.0013189
011.0013189
os/23/20t9 60303s s t,35t.74
OO115O. MCMASTER CARR SUPPLY
COMPANY
011.1043.s20000
011.1043.520000
s
s
557.49 Electrical & Building Supplies-
351.26 Electrical & Building Supplies-
91789188
92445r85
011.0013218
011.0013218
908.75
Prinred. 5 /29 /2079 2:25:38PM
osl23l2ot9 503035 s
PaRe 47 of 56
Page 163 of 508
ClW OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
EARTY CHECKS SAYMEI'T CHECX PAYi'EI|T
VE orOE iAl|'E ATO IUiIIBER ,i I{UMIER jAMOU|.T DESCNIMOX : ,: ,, II{VqICE P.q.! DATE IIUMBER AT''q!ryI
OOO2I7 - MULTIQUIP, INC 011.1043.850000 s 3,913.00 MVCSSWHW-
011.1043.850000 s sas.oo WHL88T-
011.1043.850000 s 204.14 Freight
011.1043.850000 S 408.32 SalesTax9.5%
93219304 011.0013706
93219304 011.0013706
93219304 011.0013705
93219304
05/2312019 603037 5 4,910.46
OOO534 - MLTTUAL Ot OMAHA 011.210223 S 362.50 Volunt.ry tife hsunnce: PaYment 8en215691
020.210223 5 25.95 voluntarv Llh lnsur.nce: PaYment 8en215591
05s.210223 S 62 18 Voluntary Life lnsulance: Pavment 8en215691
056.210223 I 715 Voluntary Lile hsu6nce: Pavment 8€n215591
057.210223 S 0.37 voluntary Lfe lnsurance: P.yment 8en215691
0512312019 603038 s 459.1s
ooo3o9 - NAPAAUTO PARTS 011.1046.520000 s 320.53 Auto Parts & Accessories-042419_MULTTPLE 011.0013192
osl23l2o79 603039 s 320.63
000629 - oPEN ACCESS TECHNOLOGY 055.9200.595200 5 A!.25 ETS Tagging Services-
INTL
r470t2 055.0002559
0s123/2079 603040 s 817.2s
Ptinted: 5 /29 120L9 2:25;38PM PaRe 48 of 56
Page 164 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
005934 - O'REILLY AUTO PARTS 011.1046.520000
011.1045.520000
011.1046.520000
011.1045.520000
011.1045.520000
011.1045.520000
011.1046.520000
011.1046.s20000
011.1045.520000
011.1046.520000
011.1046.520000
011.1046.520000
011.1045.520000
011.1045.520000
011.1045.520000
-87.63 Auto Parts & Accessories-
153.57 Auto Parts & Accessories-
39.32 Auto Parts & Accessories-
254.99 Auto Parts & Accessories-
297.63 Auto Parts & Accessories-
99.29 Auto Parts & Accessories-
139.19 Auto Parts & Accessories-
-148.81 Auto Parts & Accessories-
335.78 Auto Parts & Accessories-
5.55 Auto Parts & Accessories-
7.00 Auto Parts & Accessories-
251.72 Aulo Parts & Accessories-
19.71 Auto Parts & Accessories-
19.71 Auto Parts & Accessories-
-36.00 Auto Parts & Accessories-
s
s
S
s
s
s
s
s
s
s
s
s
s
s
S
3049214385
30492t4465
3049215813
30492t7022
3049217540
30492t7556
30492176t5
3049217683
30492L7687
30492t7959
3049218029
3049218035
3049218233
30492t8234
30492t8236
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
011.0013190
osl23l2ot9 603041 s 1,353.13
003332 - P&F DISTRIBUTORS 0s5.5600.520000 s 108.00 Pipes & Fittings-128603tN 056.0000521
108.00
P tinted: 5 /29 /2OL9 2:25:38PM
osl23/2ote 603042 s
Paee 49 of 55
NUMBER rNvorcE NUMBER
Page 165 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4,2019
001943 - PLUMBING & INDUSTRIAL
SUPPLY
011.1046.520000
011.1046.520000
011.1049.520000
011.1049.520000
011.1049.520000
011.1049.520000
011.1049.520000
s
s
S
s
s
s
s
2,592.96 Plumbing & Building Hardware-
26.75 Plumbing & Building Hardware-
137.51 Plumbing & Building Hardware-
355.25 Plumbing & Building Hardware-
218.24 Plumbing & Building Hardware-
28.25 Plumbing & Building Hardware-
46.35 Plumbing & Building Hardware"
s1215721001
s1216455001
sL2L7407.OOL
s72r7745007
s1217809001
s1217894001
s1218343001
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
011.0013209
0L1.0013209
os/2312019 503043 5 3,405.43
005416 - PRIORITY BUILDING
SERVICES, LL
0ss.8300.595200 s
055.8400.s96200 s
055.s500.596200 s
595.63 Janitorial Services 05/19
718.90 Janitorial Services 05/19
821.45 Janitorial Services 05/19
54035
64036
54035
osl23l2019 503044 s 2,135.98
001145. JOSE REYNA 011.1031.596500 s 231.04 CALRO Conference 043019
osl23/2019 60304s s 231.04
00s329 - SNEDAKER LAND SURVEYING 056.s600.596200 5 3,750.00 Two legal descriptions and exhibits for 1709403 055.0000533
os/2312019 603046 s 3,750.00
005419 . SUPERIOR CT OF CAL OF LA 011.1031.594200 s 3,199.50 Parking Citations 03/19 051619
0s/23l2o1-s 603047 s 3,199.50
OO444L - U.S. DEPT OF EDUCATION
408.74
Printed: 5/2912019 2:25:38PM
01 1.210260 408.74 Garnishment: Payment Ben216l27
osl23/2079 603048 s
Pase 50 of 56
NUMBER AMOUNT DESCRIPTION
Page 166 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4 2019
OO52O5 - MARISSA VELEZ 011.1031.s96s00 s 80.50 EVOC Update 052019
os/23/2019 603049 s 80.50
004838 - ANTHONY ZARATE 011.1040.596500
011.1040.596500
s
s
15.01 City of Buena Park -
8.00 From Model Codes to CA Code Amendments
050919
0s0919(2)
0s/2312019 6030s0 s 24.O7
OOO534. MUTUAL OF OMAHA 0L1.210223
o20.2to223
055.210223
055.2L0223
057.210223
oLt.2to223
020.270223
0s5.210223
056.270223
01t.2ro223
020.210223
055.210223
056.270223
057.2LO223
s
s
s
S
s
s
s
S
s
s
s
s
S
s
1,7 37 .55 Lo ng-Term Disa bil ity I nsu ra nce: Payment
319.27 Long-Term Disability lnsurance: Payment
653.92 Long-Term Disability lnsurance: Payment
195.58 Long-Term Disability lnsurance: Payment
1.31 Long-Term Disability lnsurance: Payment
2,8L2.86 Voluntary Life lnsurance: Payment
268.24 Voluntary Life lnsurance: Payment
632.85 Voluntary Life lnsurance: Payment
137.00 Voluntary Life lnsurance: Payment
1,7 37 .55 Long-Term Disability I nsu ra nce: Payment
319.28 Long-Term Disability lnsurance: Payment
553.91 Long-Term Disability lnsurance: Payment
195.58 Long-Term Disability lnsurance: Payment
1.31 Long-Term Disability lnsurance: Payment
8en215143
Ben216143
8en216143
8en216143
8en216143
8en216143
Ben216143
8en216143
Ben2 15143
8en216143
Ben215143
Ben216143
8en216143
8en216143
osl23l2o]-s 6030s1 s 9,666.22
s 432,s74.84
PaRe 51 of 55Ptintedi 5 I 29 /2079 2;25:38PM
TOTAT EARTY CHECKS
NUMBER AMOUNT DESCRIPTION !NVOTCE NUMBER
Page 167 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
WARRANTS
ICq,t,lIT IIVOICE PAY EI{T O{ECT PAYI/IEI\II
vEt{ooi r tiEalto.ttuMiEi lluiilEn
^lrolrltT
DEscnlmolt Nu)cE P.o.l DAIE IlullE€R AMout{I
005557 - ALTA PLANNING DESIGN 011.1043.595200 S 2,414.99 Professional Services
011.3043.595200 S 13,684.92 ProfessionalServices
20L8L876
20L8L876
o6/04/20t9 6030s2 s 15,099.91
ool12t - cALox, tNc 011.1033.590000 S 15.00 Oxygen Bottle Refill 575273
o6l04l2ots 6030s3 s 1s.00
003845 - CITY OF HUNTINGTON PARK 011.1031.594200 S 4,510.59 Prisoner Booking Log 19548
o6lo4l2ot9 6030s4 s 4,610.69
000331- COMMERCIAL oOOR OF LC,S 011.1049.590000 S 884.58 Service & Repairslide 6ate at Fire 17727
ANGELES
011.1049.590000 S 3,2a6-97 scruice & Repah Gnopyat Petrelli 1772a
011.1049.590@0 5 3.127.80 Repan EaJt Doorat tlr. Station {3 17729
011.1049.590m0 I 415.00 Rush Doorservic€ at Fire Statron s3 17730
o6lo4l2ot9 503055 s 7,654.45
004584 - JARED DACEY 057.1057.520000 5 112.00 Reimb. Fiber Optic Supplies 0522L9
06104/2019 6030s6 s 112.00
OOO947 - DAILY JOURNAL
CORPORATION
011.1049.596500 S 231.00 Publication Services
011.1041.550000 S L34.40 Publication Services
832s0978
83250999
0610412079 603057 s 36s.40
Ptinted: 5 / 29 I 20L9 2:25:38PM Paae 52 of 55
Page 168 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
002566. DEWEY PEST CONTROL 011.1033.s90000
011.1033.s90000
011.1033.590000
011.1033.590000
27.00 Pest Control Services
25.00 Pest Control Services
25.00 Pest Control Services
25.00 Pest Control Services
s
s
S
s
L263rt4L
L2631142
12637743
12633020
06/0412079 6030s8 s 102.00
004438 - FLEMTNG ENVIRONMENTAL, 011.1049.590000 s
tNc
550.00 Operator Site lnspections 05/19 t4799
06l04l2079 6030s9 s 650.00
OOO399 - GARVEY EQUIPMENT
COMPANY
011.1043.840000
011.1043.840000
s
s
899.00 2200 Watt Honda Generator
85.40 Sales Tax 9.5%
119558
1196s8
011.0013728
o5l04l2ot9 503060 5 984.40
004937 . MICHAEL J GAVINA 011.1021.596200 s 100.00 Committee Attendance Stipend-051519
0610412019 503061 s 100.00
003917 - GEOSPATIAL TECH NOLOGI ES,
tNc
011.9019.590r.10
011.9019.590110
011.9019.590110
s
s
s
1,100.00 GST CrimeMap
2,000.00 GST CrimeMap Mobile Site License-
1,600.00 AMF - CAD AVL lnterface
77129
t7t29
t7129
011.0013803
011.0013803
011.0013803
06/04120L9 603062 s 4,700.00
000686 - rGoE & CoMPANY, INC
75.00
P tinled: 5 129 I 2019 2:25:38PM
011.1026.594200 s 75.00 Participation Fee 194467
06/0412079 603063 s
Pase 53 of 56
NUMBER AMOUNT DESCRIPTION rNvolcE P.O.f DATE NUMBER AMOUNT
Page 169 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
WARRANTS
?AYIIEIIT CHECX PAYt/lEl{Taccotlm n{lrotcE
VEIIDOi IIA EAI{O UIIIBER I{UMAER A OUI|T DESCRIPnO|! IIITIOICE. P.O.t ,]. DA]E IIUMBEi AMOUTT
004143 - INTERWEST CONSULTING 011.1041.595200 S 8,703.55 Professional Services
GROUP, IN
49310
0610412019 503064 s 8,703.5s
OOO971 - KJSERVICES
ENVIRONMENTAL CONSU
011.1040.595200 S 700.00 Used Oil Recycling Program 1545
o6lo4l2o7s 60306s s 700.00
006185 - NEWGEN STRATEGIES & 055.9200.595200 S 397.50 Professional Services
SOLUTIONS
7843
o6lo4/20t9 603066 s 397.s0
003149 - RICHARD C. SLADE & 020.1084.900000 S 1,923.93 Groundwater Services
ASSOCIATES
020.1084.900000 5 2,9T6.0TGroundwaterServices
4874
4919
0610412019 603067 s 4,900.00
003859 - RICHARD P GUESS MD, INC 011.1033.596200 S 750.00 Medical Director Fees-050219
06104/20]-9 603068 s 7so.o0
005420 - NAVDEEP SINGH SACHDEVA 011.1023.595200 S 100.00 Commission Attendance Stipend- 050919
06/0412079 603069 s 100.00
003400 - STATE CONTROLLER'S OFFICE 011.1004.596200 S 12.65 2018 Offsets Program FT800000990
06/0412019 603070 s 12.6s
006072 - STATION AUTOMATION, INC 011.1033.596550 S 840.00 PPE Module Renewal
06/04/2019 603071 s 840.00
Ptinledi 5 129 120L9 2:25:38PM
t719
Paee 54 of 56
Page 170 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 23
JUNE 4, 2019
005531 - BOB LTYNER 0s6.s500.595700 5 1,500.00 Professional Services r392
06l04/2019 603072 s 1,500.00
006372 - XPRESS WASH, INC 011.1046.s90000 s t,O27.OO Car Wash Services
06/04/20ts 603073 s 1,027.00
TOTAL WARRANTS s 54,399.65
Ptinted: 5 129 12079 2:25:38PM PaRe 55 of 56
AMOUNT DESCRIPTION
10680
Page 171 of 508
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO.23
JUNE 4, 2019
RECAP BY FUND
FUND ELECTRONIC TOTAT EARTY CHECK TOTAL WARRANT TOTAL GRAND TOTALS
011 - GENERAL
O2O. WATER
055-LIGHT&POWER
056 - NATURAL GAS
057 - FIBER OPTIC
GRAND TOTAT
TOTAT CHECKS TO BE PRINTED 22
590,954.95 s
30,887.81
4,766,9s8.s8
L3,735.22
5,488.45
341,838.95 s
t2,2L2.OL
63,238.09
15,294.67
-8.89
47,490.15 s
4,900.00
397.50
1,s00.00
112.00
t,o80,294.O7
47,999.82
4,830,594.77
29,929.89
5,591.56
5,507,435.02 s 432,574.84 s 54,399.65 s 5,994,4U).51
Ptinted: 5 /29 I 2OL9 2:25:38PM PaRe 56 of 56
s
s
Page 172 of 508
City Council Agenda Item Report
Agenda Item No. COV-257-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: June 4, 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. 5 to record voided Check No. 600560 in the amount of $85.06 issued
07/31/18 to Quinones, Ana.
2) Operating Account Warrant Register No. 8 to record voided Check No. 600905 in the amount of $17.20 issued
09/11/18 to Stevenson Jr, Kent.
3) Operating Account Warrant Register No. 9 to record voided Check No. 601039 in the amount of $11.99 issued
09/27/18 to Lucas, Jason.
4) Operating Account Warrant Register No. 12 to record voided Check No. 601511 in the amount of $8.72 issued
11/20/18 to Swinford, Phillip.
5) Operating Account Warrant Register No. 14 to record voided Check No. 601722 in the amount of $26.70 issued
12/18/18 to Quinones, Ana.
6) Operating Account Warrant Register No. 22 to record voided Check No. 602841 in the amount of $80.50 issued
05/02/19 to Cortez, Justin.
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
Page 173 of 508
City Council Agenda Item Report
Agenda Item No. COV-258-2019
Submitted by: John Lau
Submitting Department: Finance/ Treasury
Meeting Date: June 4, 2019
SUBJECT
Approval of RDA Obligation Retirement Account Warrant Register No. 52 Covering the Period of April 30 through
May 27, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 52 which totals $60.00 and consists of the
following:
1) Ratification of electronic payments totaling $60.00.
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. 52 covering claims and demands presented during the period of April 30 through May
27, 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. 52
Page 174 of 508
C]fY OF VERNON
RDA OBLIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO. 52
JUNE 4,2019
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
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:
'^'^"ffi'fu,;*^*- 6
William Fox
Finance Director
tHDate: t
\ I
Pti^led: 5 129 120f9 l1:31:57AM
Page 175 of 508
CITY OF VERNON
RDA OBIIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO.52
JUNE 4,2019
ETECTRONIC ICCOU!{I ltllolcE .... PAYMETIT IAIMIIaI PAYrrrEiE
vEtrDoR t{A}tE
^r{D
t{lrxBEn ltuiiltn auouLT Detcal?Iloll : l lorcE ]::i,: I P.o, o tE uMlln A ou[i
ooss06 - BEST BEST & (RIEGER, LLP o22-toa2-s94200 S 60.00 Re: RedeveloPment advice U7494
o5lr4l2o79 32 S 60.00
TOTAr ETECTRONIC s oo.oo
Printedi 5 I 29 I 2019 11:31:574M PaRe I of 2
Page 176 of 508
CITY OF VERNON
RDA OBLIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO.52
JUNE 4,2019
RECAP BY FUND
ETECTRONIC TOTAT EARTY CHECK TOTAT WARRANT TOTAI
60.00 s022 - VERNON REDEVELOPMENT AGENCY S
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED O
GRAND TOTALS
o.oo s 0.00 s
50.00 s 0.0o s o.oo s 60.00
P rinte& 5 / 29 I 20L9 11:3 l: 57AM Pape 2 ot 2
Page 177 of 508
City Council Agenda Item Report
Agenda Item No. COV-229-2019
Submitted by: Adriana Ramos
Submitting Department: Fire Department
Meeting Date: June 4, 2019
SUBJECT
Fire Department Activity Report for the Period of May 1 through May 15, 2019
Recommendation:
A. Receive and file.
Background:
Attached is a copy of the Vernon Fire Department Activity Report which covers the period of May 1, 2019 through
May 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 - 05/01/19 to 05/15/19
Page 178 of 508
This Period Last Year This This Year
Last Year To Date Period To Date
ACTIVITY TYPE
FIRE PREVENTION:
Regular Inspections (#):39 672 53 550
Re-Inspections (#):13 52 5 74
Spec. Haz. Inspections (#):2 16 2 6
Total Inspections: 54 740 60 630
Total Man Hours:103 1002 98 968
TRAINING (HOURS):
Firefighting 125 914 112 1060
Hazardous Materials 40 331 35 266
Safety 138 1146 129 1121
Apparatus Operations 137 1163 134 1148
Equipment Operations 138 1141 135 1135
CPR 0 42 0 9
First Aid 31 338 40 324
Total Hours:609 5075 585 5063
PRE-INCIDENT (HOURS):
Planning 113 827 93 775
District Familiarization 112 894 97 763
Total Hours:225 1721 190 1538
PERIODIC TEST (HOURS):
Hose Testing 0 9 0 1
Pump Testing 0 27 0 15
Total Hours: 0 36 0 16
VERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
May 1, 2019 to May 15, 2019
Page 1 Page 179 of 508
PUBLIC SERVICE PROGRAMS (HOURS)
School Programs 1 36 2 18
Fire Brigades 8 11 0 4
Emergency Preparedness 18 124 18 85
Total Hours:27 171 20 107
ROUTINE MAINTENANCE (HOURS):
Station 133 990 132 1122
Apparatus 137 1004 130 1106
Equipment 141 1031 135 1116
Total Hours:411 3025 397 3344
Grand Total Hours:1375 11030 1290 11036
:Fireactivity
Page 2 Page 180 of 508
City Council Agenda Item Report
Agenda Item No. COV-236-2019
Submitted by: Danita Robertson
Submitting Department: Police Department
Meeting Date: June 4, 2019
SUBJECT
Vernon Police Department Activity Log and Statistical Summary for the period of May 1 through May 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 - 05/01/19 to 05/15/19
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VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/01/201905/01/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190508580FRUITLAND AV // CUDAHY, VERNONVCK10:21:1105/01/2019RPTVSDepartmentOCA NumberRMS JurisVPDCR20190633CA0197300VPD*2610:52:3110:21:11MR C TOWMR C TO10:28:5110:52:3110:33:24201905085954768 S ALAMEDA, VERNON594RITALIAN FABRIC INC12:01:0005/01/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190634CA0197300VPDHERNANDEZ,MIGUEL,JR*38W12:02:59 12:03:1512:04:05VPDCERDA,PAUL,JR25W12:04:02 12:04:0212:41:5012:09:04201905086193200 E SLAUSON AV, VERNON459VRPOPCORNOPOLIS18:33:4505/01/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190635CA0197300VPDZOZAYA,OSCAR*91E18:36:1619:02:2118:46:18VPDMADRIGAL,MARIA/REDONA,BRYAN4018:56:0919:45:1518:59:25201905086272550 S ALAMEDA, VERNONA21522:42:1005/01/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190636CA0197300VPDQUINONES,ANA*26W22:45:5123:17:3922:50:28VPDVASQUEZ,LUIS25E22:55:4923:07:3922:57:05VPDMADRIGAL,MARIA/REDONA,BRYAN4022:49:1823:52:2322:55:32VPDVALENZUELA,FERNANDO9122:49:4523:08:2923:05:32VPDHERRERA,GUSTAVOS622:45:5323:07:0222:49:56* Denotes Primary Unit1Page of 105/02/201905:05:10Page 186 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/02/201905/02/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905086385030 GIFFORD AV, VERNONASTVFDPREMIER MEAT03:21:4605/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190637CA0197300VPDVASQUEZ,LUIS*25E03:24:0004:04:3203:26:31VPDVALENZUELA,FERNANDO9103:56:2703:28:19201905086406116 MALBURG WY, VERNONPEDCK03:38:2505/02/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190638CA0197300VPDHERRERA,GUSTAVO*S604:05:1603:38:25VPDQUINONES,ANA26W03:45:3304:34:4903:49:20VPDVALENZUELA,FERNANDO9103:56:3004:34:4904:00:14201905086472838 LEONIS BL, VERNON902TSPRINT 866-398-328407:10:5305/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190639CA0197300VPDZOZAYA,OSCAR*40E07:12:14 07:12:1507:58:1907:21:50201905086624328 FURLONG PL, VERNONGTARDIANA GONZALES09:26:3405/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190640CA0197300VPDLANDA,RAFAEL*20W09:30:10 09:30:1109:30:32VPDNEWTON,TODD/GODOY,RAYMOND2609:30:3009:31:00VPDDOCHERTY,MICHAEL91W10:14:0109:30:58201905086654735 E DISTRICT BL, VERNONPEDCK10:11:5005/02/20191015RPTVPDNEWTON,TODD/GODOY,RAYMOND*2613:00:0510:11:50VPDENCINAS,ANTHONY25E10:46:27 10:46:3210:46:53VPDDOCHERTY,MICHAEL91W10:46:5011:23:3011:00:10201905086681Page of 305/03/201904:04:05Page 187 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/02/201905/02/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905086685215 S BOYLE AV, VERNON594RTRACI-BLACKMAN11:20:5305/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190641CA0197300VPDLANDA,RAFAEL*20W11:23:05 11:23:0511:23:25VPDDOCHERTY,MICHAEL91W11:23:34 11:23:3412:07:1811:24:3820190508672SEVILLE AV // 46TH, VERNON902TRVERIZON WIRELESS 1-800-451-524212:02:0605/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190642CA0197300VPDDOCHERTY,MICHAEL*91W12:07:22 12:07:2212:52:1712:12:38201905086913278 E SLAUSON AV, VERNON484RAMPM16:17:3705/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190643CA0197300VPDENCINAS,ANTHONY*25E16:19:30 16:19:3817:16:2116:51:22VPDLANDA,RAFAEL20W17:05:2317:01:19VPDNEWTON,TODD/GODOY,RAYMOND2616:39:3317:27:1517:02:47201905086931157 CALZONA ST, LOS ANGELESLOCATE17:09:3205/02/2019VRECVPDRECORDS BUREAU*RECD18:03:0317:11:4720190508698ALCOA AV // SLAUSON AV, VERNON20002RAURELIO18:32:1405/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190644CA0197300VPDENCINAS,ANTHONY*25E18:34:43 18:35:1718:35:38VPDNEWTON,TODD/GODOY,RAYMOND2618:35:4219:13:3518:42:19201905087132046 E 52D, VERNON459RWYMD TRANSPORT22:01:0605/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190645CA0197300VPDVASQUEZ,LUIS*26E22:06:40 22:07:2122:36:0622:10:36VPDOURIQUE,CARLOS25E22:06:41 22:07:2422:36:0822:11:082Page of 305/03/201904:04:05Page 188 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/02/201905/02/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905087132046 E 52D, VERNON459RWYMD TRANSPORT22:01:0605/02/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190645CA0197300VPDQUINONES,ANA40W22:10:1222:46:4022:10:58VPDLUCAS,JASON91W22:10:1123:19:3322:10:3820190508714180 N LOS ANGELES ST, LOS ANGELESWARRANTLAPD JAIL22:22:0905/02/20191015VPDQUINONES,ANA*40W23:17:47 23:17:4800:24:2323:48:34VPDOURIQUE,CARLOS25E23:48:5923:55:1723:55:0920190508718E 38TH // SANTA FE AV, VERNONPEDCK23:29:1305/02/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190646CA0197300VPDLUCAS,JASON*91W00:02:1323:29:13VPDOURIQUE,CARLOS25E23:43:5923:46:19 00:24:0823:55:19VPDVASQUEZ,LUIS26E23:46:1823:49:01VPDHERRERA,GUSTAVOS623:29:1723:55:2523:30:50* Denotes Primary Unit3Page of 305/03/201904:04:05Page 189 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/03/201905/03/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905087213049 E VERNON AV, VERNON901TFARMER JOHN00:33:3105/03/2019RPTVSDepartmentOCA NumberRMS JurisVPDCR20190647CA0197300VPDVASQUEZ,LUIS*26E00:34:03 00:34:3401:11:1200:35:08VPDOURIQUE,CARLOS25E00:34:3101:11:0700:50:14VPDLUCAS,JASON91W01:11:1900:40:5720190508748E VERNON AV // SEVILLE AV, VERNON902TR12:21:3505/03/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190648CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*2512:25:02 12:25:0312:26:30VPDCERDA,EUGENIO26E13:07:4812:26:2620190508749S SOTO // 26TH, VERNONREC12:29:4405/03/2019VRECRPTDepartmentOCA NumberRMS JurisVPDCR20190649CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*2513:56:4612:30:17VPDLANDA,RAFAEL4012:34:0013:08:2212:36:54VPDDOCHERTY,MICHAEL91W12:32:4313:10:1712:35:08VPDSANTOS,DANIELS213:38:4612:33:0320190508754S ATLANTIC BL // BANDINI BL, VERNON902T13:28:5705/03/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190650CA0197300VPDDOCHERTY,MICHAEL*91W13:31:47 13:31:4813:32:26VPDNEWTON,TODD/GODOY,RAYMOND2514:07:0813:56:49VPDCERDA,EUGENIO26E13:32:2314:31:2313:42:57* Denotes Primary Unit1Page of 105/04/201904:32:22Page 190 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/04/201905/04/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905088114955 MAYWOOD AV, VERNONVCK12:54:5905/04/2019VSDepartmentOCA NumberRMS JurisVPDCR20190651CA0197300VPDCAM,PATRICK*38E13:20:4412:55:00201905088252575 S SANTA FE AV, VERNON459RCIRCLE K19:49:4905/04/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190652CA0197300VPDLUCAS,JASON*91W19:50:3220:37:5919:50:55VPDENCINAS,ANTHONY4019:50:3319:50:40* Denotes Primary Unit1Page of 105/16/201914:37:58Page 191 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/05/201905/05/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190508843S SANTA FE AV // 25TH, VERNONTRAFFIC STOP01:12:2005/05/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190653CA0197300VPDLUCAS,JASON*91W03:35:3001:12:20VPDESCOBEDO,ALEXY26E01:55:4103:56:2001:56:39VPDENCINAS,ANTHONY4001:21:1702:04:1401:48:58VPDONOPA,DANIELS702:04:2201:48:56201905088554280 MAYWOOD AV, VERNONRECSIGNAL PRODUCTS09:05:3005/05/2019VRECVSRPTDepartmentOCA NumberRMS JurisVPDCR20190655CA0197300VPDCERDA,EUGENIO*4009:06:59 09:07:3609:45:4509:12:40VPDVALENZUELA,FERNANDO26W09:07:00 09:07:3809:35:1509:12:12201905088602828 S ALAMEDA, VERNONPATCK11:05:0705/05/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190656CA0197300VPDCERDA,EUGENIO*4011:42:1411:05:07VPDCAM,PATRICK20E11:07:5111:42:1411:12:2220190508869E 26TH // SOTO, VERNONPEDCK13:45:1905/05/20191015RPTVSDepartmentOCA NumberRMS JurisVPDCR20190657CA0197300VPDCERDA,EUGENIO*4015:17:4413:45:20VPDCAM,PATRICK20E14:51:3914:10:01VPDVALENZUELA,FERNANDO26W13:45:2214:38:4813:51:40* Denotes Primary Unit1Page of 105/16/201914:38:51Page 192 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/06/201905/06/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905089393851 S SOTO, VERNONPEDCK12:01:0405/06/20191015RPTVPDVALENZUELA,FERNANDO*25E13:13:4312:01:04VPDCAM,PATRICK20W12:01:1312:42:4812:04:41201905089694460 PACIFIC BL, VERNON594RPABCO PAPER19:26:0605/06/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190658CA0197300VPDCORTEZ,JUSTIN*3820:36:0519:26:06VPDVILLEGAS,RICHARD26E20:06:5019:26:24201905089754651 PACIFIC BL, VERNON594RGENERAL MERCHANDISE22:58:4305/06/2019RPTVPDCORTEZ,JUSTIN*3823:08:5822:59:22201905089764575 PACIFIC BL, VERNON594R23:09:1405/06/2019RPTVPDCORTEZ,JUSTIN*3823:14:4823:09:15* Denotes Primary Unit1Page of 105/07/201904:47:29Page 193 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/07/201905/07/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905089964900 E DISTRICT BL, VERNON484RCOMPLETE CLOTHING CO10:14:2205/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190659CA0197300VPDCAM,PATRICK*17E10:15:53 10:16:0311:11:2510:19:27201905089995681 DOWNEY RD, VERNONILLDPG RPTCHARMAN11:05:1005/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190661CA0197300VPDCERDA,PAUL,JR*26E11:06:52 11:06:5211:12:24 12:11:5111:56:06201905090003268 E VERNON AV, VERNON902TALBERTS ORGANICS11:08:5205/07/2019RPTCITYDepartmentOCA NumberRMS JurisVPDCR20190660CA0197300VPDMADRIGAL,MARIA/REDONA,BRYAN*41W11:10:22 11:10:2212:36:1311:14:16201905090163278 E SLAUSON AV, VERNON484RAMPM14:43:1205/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190664CA0197300VPDCAM,PATRICK*17E15:02:26 15:02:3215:03:03VPDVALENZUELA,FERNANDO20W15:03:0115:21:09VPDMADRIGAL,MARIA/REDONA,BRYAN41W18:00:0016:06:3820190509017SAINT CHARLES // VERNON AV, VERNONGTARLEONEL HERRERA14:50:5505/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190662CA0197300VPDVALENZUELA,FERNANDO*20W15:01:59 15:02:2915:02:59VPDZOZAYA,OSCAR2516:15:5615:02:55201905090184800 S SANTA FE AV, VERNON911APAPER SOURCE14:52:0705/07/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190663CA0197300VPDMADRIGAL,MARIA/REDONA,BRYAN*41W14:53:55 14:54:1216:05:4514:54:17201905090281Page of 205/08/201904:59:14Page 194 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/07/201905/07/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905090283278 E SLAUSON AV, VERNON484AMPM18:22:5605/07/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190665CA0197300VPDCERDA,PAUL,JR*26E18:23:3619:26:5918:25:48VPDVALENZUELA,FERNANDO20W18:23:3818:58:0118:28:44VPDZOZAYA,OSCAR2518:57:5618:31:01* Denotes Primary Unit2Page of 205/08/201904:59:14Page 195 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/08/201905/08/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905090912528 S SANTA FE AV, VERNON594RCONTINENTAL FOOD SERVICES15:27:2905/08/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190666CA0197300VPDVALENZUELA,FERNANDO*91E15:29:1716:14:2015:38:32VPDZOZAYA,OSCAR25E15:29:2016:14:1915:38:47VPDENCINAS,ANTHONYXS15:47:2415:35:30201905090934455 FRUITLAND AV, VERNON211PRINCESS16:10:2305/08/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190667CA0197300VPDCERDA,PAUL,JR*26E16:11:1917:21:5416:14:08VPDESCOBEDO,ALEXY17W16:57:5216:19:23VPDZOZAYA,OSCAR25E16:15:3816:57:5916:22:40VPDMADRIGAL,MARIA/REDONA,BRYAN41W16:15:3418:33:4716:18:44VPDCROSS,JEREMY5D3016:18:3316:57:24VPDGAYTAN,LORENZO5D3116:18:3316:57:2516:32:12VPDHERNANDEZ,EDWARD5D3216:18:3416:57:2816:32:18VPDRAMOS,JOSE5D3516:18:3416:57:2716:32:15VPDVALENZUELA,FERNANDO91E16:14:3116:57:4816:19:42VPDPEREZ,NICKL216:57:4516:28:06VPDENCINAS,ANTHONYXS16:15:3617:23:3616:16:56* Denotes Primary Unit1Page of 105/09/201905:06:21Page 196 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/09/201905/09/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905091082357 E SLAUSON AV, VERNON5150GILBERTS AUTO BODY06:06:0605/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190668CA0197300VPDVILLEGAS,RICHARD*26W06:08:30 06:08:3106:53:4506:15:01VPD18W06:48:4308:09:2606:53:57VPDSWINFORD,PHILLIP4106:08:33 06:08:3307:15:3206:13:45201905091104615 ALCOA AV, VERNON459CCM06:57:5705/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190669CA0197300VPDCERDA,PAUL,JR*20E07:01:01 07:01:1407:37:2207:09:18201905091163616 S SOTO, VERNON459RGREEN OLIVE09:27:5305/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190671CA0197300VPDDOCHERTY,MICHAEL*91E09:32:45 09:33:0209:57:5409:34:50201905091173355 E GAGE AVE, HUNTINGTON PARKDPTAST09:29:0405/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190670CA0197300VPDCERDA,EUGENIO*25W09:41:2109:29:51201905091186508 RITA, VERNONDPTAST09:40:0605/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190672CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*41E09:41:2909:40:26201905091194305 S SANTA FE AV, VERNON487R09:57:5705/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190674CA0197300VPDESCOBEDO,ALEXY*18W09:58:52 09:58:5411:53:3110:03:42201905091201Page of 305/10/201900:27:27Page 197 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/09/201905/09/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905091206303 MARBRISA, HUNTINGTON PARKDPTAST10:29:2705/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190673CA0197300VPDMADRIGAL,MARIA/REDONA,BRYAN*3810:31:0810:29:5520190509122LEONIS BL // DOWNEY RD, VERNON20002RMANUEL ORTEGA11:06:2605/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190676CA0197300VPDDOCHERTY,MICHAEL*91E11:10:4512:10:1011:20:01201905091252680 ZOE K, HUNTINGTON PARKDPTAST11:26:1705/09/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190675CA0197300VPDCERDA,EUGENIO*25W11:31:3611:26:49201905091262468 E 26TH, VERNON20001SERVICE MAILERS & FULLFILLMENT11:39:5705/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190677CA0197300VPDCERDA,PAUL,JR*20E11:41:1012:47:4311:47:19VPDDOCHERTY,MICHAEL91E11:47:2511:43:19201905091282665 CLAERDON, VERNONDPTAST12:31:2905/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190678CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*41E12:32:5612:32:01201905091302529 S SANTA FE AV, VERNON484CIRCLE K13:00:4005/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190679CA0197300VPDDOCHERTY,MICHAEL*91E13:03:1013:40:1013:13:53201905091313341 E 50TH, VERNON487RPAPA CANTELLAS13:23:1905/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190680CA01973002Page of 305/10/201900:27:27Page 198 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/09/201905/09/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905091313341 E 50TH, VERNON487RPAPA CANTELLAS13:23:1905/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190680CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*41E13:25:53 13:26:2014:38:1613:31:01201905091332801 E 46TH, VERNONDET13:30:5305/09/20191015RPTVPDCROSS,JEREMY*5D3016:45:0013:30:53VPDMADRIGAL,MARIA/REDONA,BRYAN3814:12:3513:45:59VPDGAYTAN,LORENZO5D3116:45:0113:31:19VPDHERNANDEZ,EDWARD5D3216:45:0113:31:13VPDRAMOS,JOSE5D3516:45:0113:31:1520190509135FRUITLAND AV // ALCOA AV, VERNON902TVERDUGO FIRE13:47:2005/09/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190681CA0197300VPDDOCHERTY,MICHAEL*91E13:48:27 13:48:2814:47:3813:56:37VPDCERDA,PAUL,JR20E14:02:2414:41:1014:07:11* Denotes Primary Unit3Page of 305/10/201900:27:27Page 199 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/10/201905/10/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905091823390 E 50TH, VERNON925VERNON CITY HOUSING07:11:4405/10/2019ADVSOWRPTDepartmentOCA NumberRMS JurisVPDCR20190682CA0197300VPDESCOBEDO,ALEXY*26E07:13:26 07:13:3007:38:0207:17:59VPDCERDA,EUGENIO41W07:13:27 07:13:3207:38:0307:19:1520190509187S SANTA FE AV // 25TH, VERNON20002ULYSSES GAXIOLA08:02:0905/10/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190683CA0197300VPDCERDA,EUGENIO*41W08:06:25 08:06:2708:59:3408:16:4020190509188S SOTO // BANDINI BL, VERNON901TLORI GONZALEZ08:21:5405/10/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190684CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*2508:23:27 08:23:3108:55:3808:24:16201905091965201 S DISTRICT BL, VERNON484RGANDER AND WHITE SHIPPING10:46:2705/10/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190685CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*2510:48:00 10:48:0111:47:1211:05:23* Denotes Primary Unit1Page of 105/11/201900:14:09Page 200 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/11/201905/11/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190509233S ALAMEDA // 25TH, VERNON901TRLAPD02:18:3905/11/2019RPT1015VIDepartmentOCA NumberRMS JurisVPDCR20190687CA0197300VPDOURIQUE,CARLOS*1702:19:53 02:20:1904:00:5602:31:01VPDCORTEZ,JUSTIN18W02:28:3703:34:2302:30:27VPDVASQUEZ,LUIS2003:27:5502:26:12VPDLUCAS,JASON22E03:34:2402:24:25VPDONOPA,DANIELS702:28:3202:48:2102:32:2720190509237S SANTA FE AV // PACIFIC BL, VERNON901T05:07:3405/11/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190688CA0197300VPDVASQUEZ,LUIS*2005:08:34 05:08:3406:20:4005:09:42VPDCORTEZ,JUSTIN18W05:10:3806:20:3905:13:17VPDONOPA,DANIELS706:20:4205:14:5320190509248PACIFIC BL // LEONIS BL, VERNON901TAT&T MOBILITY 800 635 6840 410:08:5105/11/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190689CA0197300VPDCERDA,EUGENIO*41W10:10:12 10:10:1310:57:0810:12:41VPDCAM,PATRICK20E10:57:0810:18:00VPDNEWTON,TODD/GODOY,RAYMOND2610:10:4310:57:0810:11:28* Denotes Primary Unit1Page of 105/12/201905:18:41Page 201 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/12/201905/12/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190509283ALCOA AV // SLAUSON AV, VERNONPEDCK00:51:1805/12/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190690CA0197300VPDCORTEZ,JUSTIN*26E01:47:1400:51:19VPDOURIQUE,CARLOS4100:51:2201:47:1500:54:28201905092864400 S SANTA FE AV, VERNONTRAFFIC STOP02:06:0905/12/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190691CA0197300VPDOURIQUE,CARLOS*4103:21:4902:06:09VPDLUCAS,JASON22W02:06:2403:01:0702:12:19VPDCORTEZ,JUSTIN26E03:01:0502:07:1020190509289BANDINI BL // SIERRA PINE AV, VERNONTRAFFIC STOP03:27:2105/12/2019VIRPT1015DepartmentOCA NumberRMS JurisVPDCR20190692CA0197300VPDLUCAS,JASON*22W04:31:0103:27:21VPDCORTEZ,JUSTIN26E03:34:18 03:34:3804:31:0203:50:3320190509295FRUITLAND // CARMELITA, VERNONGTARJOSE CRUZ08:02:3205/12/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190693CA0197300VPDVALENZUELA,FERNANDO*26E08:06:06 08:06:0708:38:4408:13:2620190509322E SLAUSON AV // BOYLE AV, VERNON20001HPPD21:21:3805/12/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190694CA0197300VPDVELEZ,MARISSA*91W21:23:39 21:23:4021:46:5821:27:55* Denotes Primary Unit1Page of 105/13/201905:32:07Page 202 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/13/201905/13/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905093344807 E 49TH, VERNON459RARCHITECTURAL CAST INC06:07:2305/13/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190695CA0197300VPDVILLEGAS,RICHARD*26E06:09:18 06:09:1807:54:2506:14:48VPDENCINAS,ANTHONYXS07:10:1707:39:0820190509347E 37TH // ROSS, VERNON901T10:06:1905/13/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190696CA0197300VPDCAM,PATRICK*1710:39:1610:06:27VPDVALENZUELA,FERNANDO20W10:08:3210:36:4910:09:5220190509353S SANTA FE AV // 25TH, VERNON902T10:49:3105/13/2019RPTORDepartmentOCA NumberRMS JurisVPDCR20190697CA0197300VPDVALENZUELA,FERNANDO*20W11:43:0810:49:3320190509366HELIOTROPE ST // DISTRICT BL, VERNONVCK14:44:3905/13/2019VMVSDepartmentOCA NumberRMS JurisVPDCR20190698CA0197300VPDPEREZ,NICK*L214:55:1514:44:40VPDVALENZUELA,FERNANDO20W14:45:5114:55:1414:45:50VPDENCINAS,ANTHONYXS16:21:3215:05:45201905093703650 E 26TH, VERNON902TMARINA18:01:3205/13/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190699CA0197300VPDCERDA,PAUL,JR*18E18:03:30 18:07:1718:41:0918:10:54VPDCAM,PATRICK1718:41:0918:15:03* Denotes Primary Unit1Page of 105/14/201900:35:01Page 203 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/14/201905/14/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905094243060 E 44TH, VERNONGTARTREMCO10:33:2705/14/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190700CA0197300VPDVALENZUELA,FERNANDO*20E10:34:49 10:34:5011:24:2010:42:24201905094292120 E 25TH, VERNON902TUNK11:16:3605/14/2019RPTCITEDepartmentOCA NumberRMS JurisVPDCR20190701CA0197300VPDCERDA,PAUL,JR*18W11:17:47 11:19:2912:27:1911:23:03201905094395335 S SOTO, VERNONSRMETWORLD VARIETY PRODUCE12:56:0005/14/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190702CA0197300VPDENCINAS,ANTHONY*4112:58:4613:37:0613:04:56VPDCERDA,PAUL,JR18W13:21:2413:04:59VPDVALENZUELA,FERNANDO20E12:58:5213:37:0813:05:16VPDOURIQUE,CARLOSMET113:12:1014:46:0213:17:59201905094485010 LOMA VISTA AV, VERNON484RJANINE HOME FURNITURE15:48:2905/14/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190704CA0197300VPDVALENZUELA,FERNANDO*20E15:53:16 15:53:1816:37:2716:01:07VPDCERDA,PAUL,JR18W17:30:3416:29:13201905094492300 E VERNON AV, VERNON242R16:09:0105/14/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190703CA0197300VPDPEREZ,NICK*L216:45:2816:09:02VPDVALENZUELA,FERNANDO20E17:49:3317:48:57 17:59:1216:37:28* Denotes Primary Unit1Page of 105/15/201901:00:11Page 204 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/15/201905/15/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905094796152 S BOYLE AV, VERNON459VALEJANDRAS FASHION07:23:0005/15/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190705CA0197300VPD*18E07:24:5208:46:0907:27:00VPD3107:59:0407:32:00201905094872901 SACO, VERNON415MODERNICA09:22:4705/15/2019RPTMETDepartmentOCA NumberRMS JurisVPDCR20190706CA0197300VPDCERDA,PAUL,JR/GODOY,RAYMOND*18E09:23:49 09:25:3709:49:2409:31:57VPDESCOBEDO,ALEXY26W09:24:3911:11:0609:28:53VPDVALENZUELA,FERNANDO3109:29:5709:44:1109:31:04VPDENCINAS,ANTHONYXS09:31:5010:40:0810:00:52201905094963411 E 26TH, VERNON92511:16:5405/15/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190707CA0197300VPDCERDA,PAUL,JR/GODOY,RAYMOND*18E11:18:28 11:19:2811:19:51VPDESCOBEDO,ALEXY26W11:19:3912:27:1511:21:29VPDVALENZUELA,FERNANDO3111:19:5011:58:5511:44:37201905094992301 E 51ST, VERNON902TUNK12:47:3805/15/2019RPTORDepartmentOCA NumberRMS JurisVPDCR20190709CA0197300VPDVALENZUELA,FERNANDO*3112:48:45 12:50:1214:34:3612:56:37VPDCERDA,PAUL,JR/GODOY,RAYMOND18E14:34:3513:07:37201905095012571 E 25TH, VERNONREPO13:20:5505/15/2019REPODepartmentOCA NumberRMS JurisVPDCR20190708CA0197300VPDRECORDS BUREAU*RECD13:41:5913:22:31201905095021Page of 205/16/201901:39:09Page 205 of 508
VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:05/15/201905/15/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201905095024305 S SANTA FE AV, VERNON920PR14:28:0105/15/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190710CA0197300VPDRECORDS BUREAU*recd14:43:1814:28:17201905095044820 E 50TH, VERNON273ARBON APPETIT14:39:5005/15/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190711CA0197300VPDRECORDS BUREAU*RECD14:56:5914:43:21* Denotes Primary Unit2Page of 205/16/201901:39:09Page 206 of 508
City Council Agenda Item Report
Agenda Item No. COV-238-2019
Submitted by: Todd Dusenberry
Submitting Department: Public Utilities
Meeting Date: June 4, 2019
SUBJECT
Award of a Services Agreement to Interstate Gas Services dba IGService to Conduct an Update to the Water Rate
Study
Recommendation:
A. Find that approval of the proposed Services Agreement is exempt under the California Environmental Quality Act
CEQA"), because it is an administrative activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a " project" as defined by CEQA Guidelines section 15378; and
B. Determine that the award of the proposed agreement is in the best interest of the City and, therefore, exempt from
the competitive selection process per Section 2. 17. 12 (B)(3) of the Vernon Municipal Code; and
C. Approve a Services Agreement with Interstate Gas Services, Inc. dba IGService (" IGService"), in substantially the
same form as submitted herewith, in an amount not to exceed $14,000 to update the April 2018 Water Rate Study; and
D. Authorize the City Administrator to execute a Services Agreement with IGService with an effective date of June 4,
2019 and termination date of June 30, 2020.
Background:
On March 21, 2017, City Council awarded a Professional Services Agreement to IGService to conduct a water,
sewer, and recycled water rate study. The water rate study began under the direction of the Public Works Department
just prior to the transfer of the Water Division to Vernon Public Utilities (“VPU”) in 2017. The study was finalized in
April of 2018, however, it was determined that a water rate increase was not a suitable option at the time and would be
revisited at a later date.
Since the transfer of the water division, VPU has made a concerted effort to pump groundwater versus relying on more
expensive imported water. While these efforts were undertaken, it became apparent in late 2018 that the City's aging
water infrastructure would not be able to support this initiative long term. The Water Enterprise has not been capable of
funding a pay as you go capital improvement plan to replace, rehabilitate and repair facilities, many of which were
constructed between the 1950’s and 1970’s. Due to the aging infrastructure and deferred maintenance of the system,
the utility will require an infusion of funding to revitalize the infrastructure and implement an active maintenance program
to supply Vernon customers with cost effective pumped groundwater into the future.
VPU is investigating the prospects of going out for tax exempt bond funding to construct new facilities and repair,
redevelop, and rehabilitate existing facilities in order to ensure that water rates remain low over the foreseeable future by
enabling the utility to pump groundwater versus importing water. Vernon water rates are among the lowest rates when
compared to neighboring and comparable water purveyors in the region. VPU is focused on addressing water
infrastructure needs now, in an effort to ensure the City is able to maintain low rates for its customers in the long term.
Page 207 of 508
Because of the need for capital funding, VPU must now revisit the need to update the water rates. A new or updated
study is necessary in order to accurately reflect the cost of service and design a water rate that recovers costs and can
support a much needed 5 year capital improvement plan. VPU believes updating the existing water rate study would be
the most cost effective and efficient way to reflect the current status of the Water Division and evaluate the rate
structure, as a completely new rate study would be costly and require additional time. As such, VPU staff requested a
proposal from IGService to update the April 2018 Water Rate Study. IGService is certified in the American Water
Works Association Cost of Service rate setting methodology, has experience in municipal rate studies, and is very
familiar with the City, its makeup and its customers.
The proposed Agreement with IGService is exempt from competitive bidding pursuant to Section 2. 17. 12 (A)(10) of
the Vernon Municipal Code (" VMC") as it is a contract for professional services. Staff recommends that the City
Council find that the proposed agreement be exempt from competitive selection based upon the determination that the
best interests of the City are served by a direct award, pursuant to Section 2. 17. 12 ( B)(2) of the VMC. VPU is
proposing a direct award of the contract to IGService as this option would result in significant costs savings while
allowing VPU to immediately proceed with its capital improvement plan for water. At a minimum, a new rate study
could cost about $50,000 and require additional time for staff to prepare and complete an RFP process and even more
time for a contractor to actually complete an entirely new rate study (approx. 6 months). While updating the previous
rate study is a better option, an RFP for an update of the 2018 rate study would be ineffective as it is highly unlikely that
vendors would be willing to update the previous study that was conducted by a different vendor. If the proposed new
contract with IGService is exempt from the competitive selection process, as staff has requested, IGService would
update the previous water rate study it completed for the City in 2018 in less than half the time as would be required for
a new study, and at a fraction of the cost.
The proposed Agreement has been reviewed and approved as to form by the City Attorney's Office.
Fiscal Impact:
The proposed Agreement with IGServices has a not to exceed amount of $14,000 and will terminate June 30, 2020.
Per Vernon Municipal Code § 2.17.02(B), City Council approval is required if, in the 12 months preceding the effective
date of a proposed new, renewed, or otherwise amended contract, the City has paid or awarded the proposed vendor
more than $100,000. Within the past twelve months, the City has awarded $145,489.47 per contract GD-0062 for
Natural Gas Operational Support Services. Thus, council approval is needed to enter into an additional Agreement of
not to exceed $14,000.
If approved, this amount will appear in the proposed fiscal year 2019-2020 Water Division budget of the Public Utilities
Department Budget. As is customary during the budget preparation process, any proposed budget amounts will be
vetted by the Finance Director and City Administrator prior to presentation to City Council for approval.
ATTACHMENTS
1. Interstate Gas Services Professional Services Agreement
Page 208 of 508
1
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERSTATE GAS
SERVICES, INC. dba IGSERVICE TO CONDUCT AN UPDATE TO THE WATER RATE
STUDY
COVER PAGE
Contractor: Interstate Gas Services, Inc. dba IGService
Responsible Principal of Contractor: Dan Bergmann, Principal
Notice Information - Contractor: Interstate Gas Services, Inc.
15 Shasta Lane
Walnut Creek, CA 94597
Attention: Dan Bergmann, Principal
Phone: (925) 946-9090
Facsimile: (925) 946-9045
Email: dan@igservice.com
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Abraham Alemu
Interim General Manager of
Public Utilities
Telephone: (323) 583-8811 ext. 250
Facsimile: (323) 826-1408
Commencement Date: June 4, 2019
Termination Date: June 30, 2020
Consideration: Total not to exceed $14,000.00 (includes all
applicable sales tax); and more particularly
described in Exhibit A
Records Retention Period Three (3) years, pursuant to Section 11.20
Page 209 of 508
2
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERSTATE GAS
SERVICES, INC. dba IGSERVICE TO CONDUCT AN UPDATE TO THE WATER RATE
STUDY
This Contract is made between the City of Vernon ("City"), a California charter City and
California municipal corporation (“City”), and Interstate Gas Services, Inc. dba IGService, a
California corporation (“Contractor”).
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on June 4, 2019.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Contractor's proposal to the City ("Proposal") dated May 16, 2019, Exhibit “A”,
attached to and incorporated into this Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and
satisfactory manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own expense,
all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it under
this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be
fully qualified and authorized or permitted under State and local law to perform such services
and shall be subject to approval by the City.
4.0 TERM.
The Contractor shall commence the delivery of services on receipt of a written notice to proceed
and shall complete the services on the schedule set forth in Exhibit “A”.
Page 210 of 508
3
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the project schedule set forth in
Exhibit “A” attached hereto and incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Contract,
shall not exceed $14,000.00 without the prior authorization of the City, as appropriate, and
written amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment, and transportation which may be
required for furnishing services pursuant to this Contract. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related
costs and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing more than the
following costs incurred by Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the
services that Contractor agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Contractor in the performance of this
Agreement.
Page 211 of 508
4
5.5 Contractor shall not receive any compensation for extra work performed
without the prior written authorization of City. As used herein, “extra work” means any work that
is determined by City to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services and which the parties did not reasonably anticipate would
be necessary at the time of execution of this Agreement. Compensation for any authorized
extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “A,” if
the extra work has been approved by the City.
5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at
Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required
by law for the performance of the services required by this Agreement. Contractor shall have the
sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and
interest, which may be imposed by law and which arise from or are necessary for the
performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized extra work
actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient
detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after
the City approves the invoice.
Page 212 of 508
5
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs, and authorized extra work covered by that invoice.
7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's
services.
8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants, and other
staff at all reasonable times.
9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials,
employees and agents against, and will hold and save each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to
professional negligence, that may be asserted or claimed by any person, firm or entity arising
out of or in connection with the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the acts or
omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to
perform any term, provision, covenant or condition of this Agreement, except to the extent such
claims or liabilities arise from the gross negligence or willful misconduct of City, its officers,
elected officials, agents or employees.
10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set forth below, for the duration of the
Contract, including any extensions thereto. The policies shall state that they afford primary
coverage.
i. Automobile Liability with minimum limits of at least $1,000,000 combined single
limit, including owned, hired, and non-owned liability coverage.
ii. Contractor agrees to subrogate automobile liability resulting from performance
Page 213 of 508
6
under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its
respective employees, agents, and City Council from and against all claims, liabilities, suits,
losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees
(“Claims”), which are attributable to any act or omission by the City under the performance of
the services.
iii. General Liability with minimum limits of at least $1,000,000 per occurrence and
$2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General
Liability "occurrence" form or its equivalent for coverage on an occurrence basis.
Premises/Operations and Personal Injury coverage is required. The City of Vernon, its
directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the
policy as additional insureds as respects liability arising out of the Contractor's performance of
this Contract.
(1) If Contractor employs other contractors as part of the services rendered,
Contractor's Protective Coverage is required. Contractor may include all
subcontractors as insureds under its own policy or shall furnish separate
insurance for each subcontractor, meeting the requirements set forth
herein.
(2) Contractor agrees to subrogate General Liability resulting from
performance under this agreement by agreeing to defend, indemnify and
hold harmless, the City, and its respective employees, agents, and City
Council from and against all claims, liabilities, suits, losses, damages,
injuries and expenses, including all costs and reasonable attorney’s fees
(“Claims”), which are attributable to any act or omission by the City under
the performance of the services.
iv. 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. Contractor shall maintain such
Page 214 of 508
7
coverage for at least one (1) year after the termination of this Agreement.
v. Contractor shall comply with the applicable sections of the California Labor Code
concerning workers' compensation for injuries on the job. In addition, Contractor shall require
each subcontractor to similarly maintain workers’ compensation insurance in accordance with
the laws for California for all of the subcontractor’s employees. Compliance is accomplished in
one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the
State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance
with statutory limits and Employer's Liability Insurance with a minimal limit
of $1,000,000 per accident. The policy shall be endorsed to waive all
rights of subrogation against City, its directors, commissioners, officers,
employees, and volunteers for losses arising from performance of this
Contract; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor
Code's Workers' Compensation provision will be used in performance of
this Contract.
vi. Each insurance policy included in this clause shall be endorsed to state that
coverage shall not be cancelled except after thirty (30) days' prior written notice to City.
vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII.
viii. Prior to commencement of performance, Contractor shall furnish City with a
certificate of insurance for each policy. Each certificate is to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by
City. City may require complete, certified copies of any or all policies at any time.
ix. Failure to maintain required insurance at all times shall constitute a default and
material breach. In such event, Contractor shall immediately notify City and cease all
performance under this Contract until further directed by the City. In the absence of satisfactory
Page 215 of 508
8
insurance coverage, City may, at its option: (a) procure insurance with collection rights for
premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from
sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek
damages from the Contract resulting from said breach; or (c) self-insure the risk, with all
damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees
and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due
to Contractor.
11.0 GENERAL TERMS AND CONDITIONS.
11.1 INDEPENDENT CONTRACTOR.
11.1.1 It is understood that in the performance of the services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer
or employee of City and shall furnish such services in its own manner and method except as
required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has
and shall retain the right to exercise full control over the employment, direction, compensation
and discharge of all persons employed by Contractor in the performance of the services
hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes
responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for
Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save
City harmless from all matters relating to the payment of its employees, subcontractors and
independent contractors, including compliance with social security, withholding and all other
wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term
disability or workers' compensation insurance benefits.
Page 216 of 508
9
11.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 OWNERSHIP OF WORK. All documents and materials furnished by the
City to Contractor shall remain the property of the City and shall be returned to the City upon
termination of this Agreement. All reports, drawings, plans, specifications, computer tapes,
floppy disks and printouts, studies, memoranda, computation sheets, and other documents
prepared by Contractor in furtherance of the work shall be the sole property of City and shall be
delivered to City whenever requested at no additional cost to the City. Contractor shall keep
such documents and materials on file and available for audit by the City for at least three (3)
years after completion or earlier termination of this Contract. Contractor may make duplicate
copies of such materials and documents for its own files or for such other purposes as may be
authorized in writing by the City.
11.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services furnished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects,
inaccuracy, or incompleteness.
11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its
work and results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design
drawings, estimates and other Contractor professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
Page 217 of 508
10
11.6 WAIVER. The City's waiver of any term, condition, breach, or default of
this Contract shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any
time to require performance or compliance by the other of any of its obligations or agreements
shall in no way be deemed a waiver of those rights to require such performance or 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.
11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be
binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
obligations under this Contract. No assignment shall release the original parties from their
obligations or otherwise constitute a novation.
11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereof, including but without
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies.
Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and
regulations Contractor shall be solely responsible for all costs arising therefrom.
11.10 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.
11.11 INTERPRETATION.
Page 218 of 508
11
11.11.1 Applicable Law. This Contract shall be deemed a contract and
shall be governed by and construed in accordance with the laws of the State of California.
Contractor agrees that the State and Federal courts which sit in the State of California shall
have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to
the jurisdiction thereof.
11.11.2 Entire Agreement. This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject matter and supersedes all prior or contemporaneous negotiations,
representations, understandings, correspondence, documentation, and agreements (written or
oral).
11.11.3 Written Amendment. This Contract may only be changed by
written amendment signed by Contractor and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
11.11.4 Severability. If any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Contract, and the remaining provisions shall nevertheless continue in
full force and effect as fully as though such invalid, illegal, or unenforceable portion had never
been part of this Contract.
11.11.5 Order of Precedence. In case of conflict between the terms of
this Contract and the terms contained in any document attached as an Exhibit or otherwise
incorporated by reference, the terms of this Contract shall strictly prevail.
11.11.6 Duplicate Originals. There shall be two (2) fully signed copies
of this Contract, each of which shall be deemed an original.
11.11.7 Construction. In the event an ambiguity or question of intent
or interpretation arises with respect to this Agreement, this Agreement shall be construed as if
drafted jointly by the parties and in accordance with its fair meaning. There shall be no
Page 219 of 508
12
presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of
any of the provisions of this Agreement.
11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term, and provision hereof.
11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity, and authority to
enter into and perform its obligations under this Contract, and its execution of this Contract has
been duly authorized.
11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration Association at Los Angeles, California
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of
any claim filed or required to be filed against the City and reserves the right to conduct full
discovery.
11.15 NOTICES. Any notice or demand to be given by one party to the other
must be given in writing and by personal delivery or prepaid first-class, registered or certified
mail, addressed as follows. Notice simply to the City of Vernon or any other City department is
not adequate notice.
If to the City:
City of Vernon
Public Utilities Department
Attention: Todd Dusenberry
4305 Santa Fe Avenue
Vernon, CA 90058
Page 220 of 508
13
If to the Contractor:
Interstate Gas Services, Inc.
15 Shasta Lane
Walnut Creek, CA 94597
Attention: Dan Bergmann
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date
of posting, whichever is earlier. Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to
this Agreement.
11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon
fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City
for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractor's exclusive remedy for
termination without cause.
11.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The notice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effective date of termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of
default by Contractor, the City reserves the right to procure the goods or services from other
sources and to hold the Contractor responsible for any excess costs occasioned to the City
thereby. Contractor shall not be held accountable for additional costs incurred due to delay or
default as a result of Force Majeure. Contractor must notify the City immediately upon knowing
Page 221 of 508
14
that non-performance or delay will apply to this Contract as a result of Force Majeure. At that
time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is
not acceptable to the City or not received within 10 days of the necessary notification of Force
Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing
only for goods and services completed to that point.
11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the
terminating party of further liability or responsibility under this Contract, including the payment of
money, except for payment for services satisfactorily and timely performed prior to the service of
the notice of termination, and except for reimbursement of (1) any payments made by the City
for service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute performance. If this Agreement is terminated as
provided herein, City may require, at no additional cost to City, that Contractor provide all
finished or unfinished documents, data, and other information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contractor
shall be required to provide such document and other information within fifteen (15) days of the
request.
11.19.1 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
11.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractor's records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a period
of at least three (3) years after termination of the Contract.
Page 222 of 508
15
The Contractor shall maintain all such records in the City of Vernon. If
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no
member, officer, or employee of the Contractor is a director, officer, or employee of the City of
Vernon, or a member of any of its boards, commissions, or committees, except to the extent
permitted by law.
11.22 HEADINGS. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or to be
a full or accurate description of the content thereof and shall not in any way affect the meaning
or interpretation of this Agreement.
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the
basic rate of pay.
11.24 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with
the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit
“B”. Upon the City’s request, certified payroll records shall promptly be provided to the City.
Page 223 of 508
16
11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit “C”.
[Signatures Begin on Next Page].
Page 224 of 508
17
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the
Commencement Date stated on the cover page.
City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos Fandino, City Administrator
Interstate Gas Services, Inc. dba IGService,
a California corporation
By:
Name:
Title:
ATTEST:
_______________________________
Maria E. Ayala, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
_______________________________
Brian Byun,
Senior Deputy City Attorney
Page 225 of 508
18
EXHIBIT A
PROPOSAL, PROJECT SCHEDULE, AND PAYMENT SCHEDULE
Page 226 of 508
15 Shasta Lane, Walnut Creek, CA 94597 Office: 925-946-9090 Cell: 925-899-2578 Email: dan@igservice.com
May 16, 2019
Todd Dusenberry Email: tdusenberry@ci.vernon.ca.us
City of Vernon
4305 South Santa Fe Avenue
Vernon, CA 90058
Re: Water Rate Study Update Proposal
Dear Mr. Dusenberry:
This proposal is to update the water rate study completed by IGService in April 2018 (attached).
The following will be included in the updated study.
1.Revenue Expense table
a.Audited FY17/18 data added
b.Year-to-date FY18/19 data added
c.Projected operating expenses with focus on wholesale water costs
d. Projected Bond Debt Service for Capital Improvement Projects
e.Projected revenue increase needed to cover updated expenses and bond debt service
2. Revised Capital Improvement Project (CIP) schedule ($20M / 10 years)
3.Cost comparison to other utilities
4.Revenue allocation data and pie chart based on FY18
5.Historical water Production data and graph
6.Presentation to staff and management
7. Preparation of PowerPoint slides for presentation to business community and city council
8.New written report
Proposed increased rates will be determined, weighted toward increased fixed costs as described in
the 2018 report. An alternative will also be shown, increasing all rates evenly.
Regarding the schedule for completion, I will update the Revenue Expense table (Item 1, above) within
five working days of approval to proceed. This will include the revised CIP numbers. Items 3 through
6 will be complete within four weeks of approval. Meetings and presentations will be coordinated as
needed to meet your requirements. The new written report will be provided by August 20th to complete
the work.
The proposed cost for this work is $14,000.00, including all expenses.
Sincerely,
Dan Bergmann
Principal
19 Page 227 of 508
20
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.
Page 228 of 508
21
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the
contractor and each subcontractor shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of its records pertaining or relating to its
employment practices, except to the extent such records or portions of such records are
confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
Page 229 of 508
City Council Agenda Item Report
Agenda Item No. COV-209-2019
Submitted by: Wendy Herrera
Submitting Department: Public Works
Meeting Date: June 4, 2019
SUBJECT
Public Works Department April 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 April 2019.
Fiscal Impact:
None
ATTACHMENTS
1. Public Works Department April 2019 Building Report
Page 230 of 508
City of Vernon
Building Department
Monthly Report from 41112019 to 413012019
Tvpe Value # of Permits
Electrical
Grading
lndustrial - Addition
lndustrial - New
lndustrial - Remodel
Mechanical
Miscellaneous
Plumbing
Roof
$463,071.00
$1,625,000.00
$3,800,000.00
$4,609,200.00
$415,000.00
$702,229.00
$1,354,400.00
$73,550.00
$242,625.00
t6
2
1
1
7
7
1',|
7
4
APRIL 2019 TOTALS PERMITS
PREVIOUS MONTHS TOTAL
YEAR TO DATE TOTAL
APRIL 2018 TOTALS PERIVITS
PREVIOUS IVONTHS TOTAL
PRIOR YEAR TO DATE TOTAL
$13,285,075.00
$22,840,959.64
56
159
$36,126,034.64
$59j22,871.3',1
$16,596,048.00
215
95
170
$75,718,919.31 265
niel Wall
Director of Public Works
I
Page 231 of 508
City of Vernon
Building Department
Major Projects from 41112019 lo 413012019
Valuations > 20,000
Permit No Proiect Address Te nant Description Job
277 5
APN
26TH ST
5169029020
2528
APN
37TH ST
6302020038
4561 LOMA VISTA AVE Glen Rose
APN 6304022059
2905
APN
sOTH ST
6303024010
Replacement of equipment to wash
containers.
Rancho Foods New office lighting
25571
28000
25000
60000
129000
150000
B-2018-3257
B-2019-3459
B-2019-3359
B-2019-3363
B-2019-3434 Superior
Lithographj
New light fixtures for new locker
rooms & restrooms
Tenant improvements. Electrical for
equipment using existing switch
gear and meter.
Main switchboard replacement 1600
apm
lnstallation of a new KBA RA145-7
large format printing press, 1200
amp electrical feeder, '1200 amp
distribution swithcboard and circuits
to various parts of the printing
press.
3055 BANDINI BLVD
APN 6303002014
6 Record(s)$417,571.00
Grading
B-2018-2668
B-2018-3225 4328 ALCOA AVE
APN 6303010038
Addition of 'l 1,754 s.f. of
manufacturing space to existing
building, new equipment foundation
and cooling tower basin.
Grading for a new 46,312 s.f. tillup
building on a 89,673s.f. lot
Engineer: Seaboard Engineering,
Marites A. Dizon, (310)277-7337 ,
marites@seaboardengco.com
1500000
125000
$'1,625,000.00Record(s)
lndustrial - Addition
8-2018-2666 5555 DTSTR|CT BLVD
APN 63140190'13
lvlatheson Tri-Gas Addition of 11,754 s.f. ol
manufacturing space to existing
building, new equipment foundation
and cooling tower basin.
3800000
1 Record(s)$3,800,000.00
lndustrial - New
B-2018-2888
Record(s)
4623 Maywood Ave
$4,609,200.00
4623 I\,4AYWOOD AVE
APN 63040270'15
New tilt up buidling (Approx
117,360 sq. ft)
Electrical
8-2017 -2389
1930 51ST ST
APN 630801600s
Randall Farms
5555 DISTRICT BLVD
APN 6314019013
4609200
1 Page 232 of 508
lndustrial - Remodel
B-20'19-3269 5201 D|STRtCT BLVD
APN 6314001900
New full height wall at new climate
controler warehouse/storage
Three new walk-in coolers in
existing warehouse
lnstall three modular structures - on
interior floor plan of existing
structure.
25000
300000
50000
B-2018-3262
B-2019-3278
5688 BOYLE AVE
APN 631000801 1
Promate Produce
rPlanet Earth
3 Record(s)$375,000.00
Mechanical
B-2018-2517 5688 BOYLE AVE
APN 631000801 'l
2775 26TH ST
APN 5169029020
2775 26TH ST
APN 5169029020
2528 37TH ST
APN 6302020038
New HVAC for offlce area in new
36,000 s.f. warehouse with 3000 s.f
office.
30000
562429
56000
22000
25800
B-2017 -2387
B-2017 -2388
B-2018-3259
B-2018-2890
(Equipment) Replacementof
equipment to wash containers
lnstallation of equipment to wash
containers.
New AC units / offlce
4 Exhaust fans for warehoue
ventilation
New industrial building
5 Record(s)$696,229.00
Miscellaneous
8-2018-2879 3385 LEONIS BLVD
APN 6303019014
2901 FRUITLAND AVE
APN 6303029016
440,I DOWNEY RD
APN 6303017022
5764 ALCOA AVE
APN 6310005009
Golden West Food
B-2019-3446
B-2019-3364
B-2019-3385
installation of insulated panels for
walk-in coolers & loading dock
Demo decommision,
decontamination electrostatic
precipitators and scrubbing ducts
lnstallation of new water heater and
stack foundation and support. lnstall
doors.
Enlarge existing dock door and
enlarge dock ramp
50000
4 Record(s)$1,285,000.00
Plumbing
B-20'19-3392 500001930
APN
51ST ST
6308016005
Gas line, floor sinks trench drains,
sewer line, cold water line and
backfl ow device installation.
1 Record(s)$50,000.00
Roof
B-2019-3440 2731 SOTO ST
APN 6302001044
Roofing
Re-roofing 101275B-2019-3417
2445 26rH Sr
APN 5168026018
B-2019-3468 70000
53OO BOYLE AVE
APN 6310008020
4224 DISTRICT BLVD
APN 6304027015
LUCKY TARO 325000
880000
30000
3141 44TH ST
APN 630301 1049
59750
Roofing Page 233 of 508
Record(s)$231,025.00
26 Permit(s)Total
aniel Wall
Director of Public Works
$13,089,025.00
3
(
Page 234 of 508
City of Vernon
Building Department
Demolition Report - April 2019
None
IilJL
Daniel Wall
Director of Public Works
Page 235 of 508
City of Vernon
Building Department
New Buildings Report - April 2019
4623 l/aywood Ave
Arch-con Corporation
1 17,360 sq.ft.
Daniel W
Director Public Works
I
Page 236 of 508
City of Vernon
Building Department
Status of Certificates of Occupancy Requests
Month of April 2019
Request for lnspection
Approved
Pending
Temporary Occupancies
23
1
341
15
t
Daniel Wall
Director of Public Works
Page 237 of 508
lssued Permat No. Project Address Tenant
City of Vernon
Certifi cate of Occupancy
Applications Date From 4/1/2019 to 4/30/2019
Description
c-20'19-1247
c-20'19-1248
c,-20't9-1249
c-2019-1250
c-2019-1251
c-2019-1252
c-2019-1253
c-2Q19-1254
c-2019-1255
c-2019-1256
c-2019-1257
c-2019-1258
c-201 9- 1259
2646 DOWNEY RD
APN 5192025008
2288 E 49TH ST
APN 6308015044
2646 DOWNEY RD
APN 5192025008
3344 LEONIS BLVD
APN 6303026004
WAREHOUSING
GARMENTS
G enera I
merchandise
4701 SANTA FE AVE
APN 6308014031
2281 49TH ST
APN 6308015044
2770 LEONIS BLVD
APN 6308002009
2406
APN
28TH ST
6302005004
5OO1 SANTA FE AVE
APN 6308015009
5OO1 SANTA FE AVE
APN 6308015009
4433 PACIFIC BLVD
APN 6308006015
4382 BANDINI BLVD CHW Inc
APN 6304001021
Omega Cinema Props Film prop rental
warehouse
Trendy Fabric dba Trendy
Design
Showroom
Modern Concoction Offlce/showroom
JVM Finishing Garment
manufacturing
Express Finishing Garment finishing
N4TK Cutting Service lnc Garment cutting
service
Like Dreams lnc Warehouse general
merchandise
885.00
1 ,207 .00
385.00
385 00
385.00
385.00
38 5.00
Garment
manufacturing
88 5.00
Warehouse fresh
fruits and vegetables
385.00
224000
300
300
2212
2300
2800
33338
35000
5000
16500
11470
8000
11001
25994
150
c-2019-1260 3013 BANDINI BLVD. El Cowboy Diskibutor
APN 6303002014
c-2019-1261 25TH ST
6302009017
Marquez Produce lnc
c-2019-1262
885 00
Wholesale produce 885.00
Offlce use 385 00
3690 SANTA FEAVE M,RENA, INC
APN 63020050'16
JJ Produce & Trading lnc
dba Lau Produce lnc.
SARAH ZONE INC
California Enterprises
Employment
8 85.00
WAREHOUSING
GARIvIENTS
885.00
Produce Wholesale 885.00
000
1980
APN
4580 PACIFIC BLVD
APN 6308005007
c-201 9-1263 2634
APN
26TH ST
6302001030
Kroger Logistics lnc Offlce use - truck
terminal
385 00 2484
Fees Paid Square Feet
Produceland & Trading lnc
DBA Dynasty Produce and
Trading
1
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lssued Permit No. Project Address Tenant Description Fees Paid Square Feet
c-20't9-1264
c-2019-1266
c-2019-1267
c-2019-1268
c-2019-1269
c-2019-1270
3876 SANTA FE AVE
APN 6302018017
4371 49TH ST
APN 6304025006
4919 ALCOA AVE
APN
3651 SIERRA PINE
APN 6303002012
49OO 5OTH ST
APN 6304011005
Showroom lnteriors LLC
dba Vesta Home
3344 LEONIS BLVD
APN 6303026004
Wallster lnc DBA
wallphoppe com
La Venia Corporation
BarS Foods
Loveseat, lnc
Deux Cold LLC
Manufacturing/showr
oom
385.00
Corporate
Office/Sample
Sewing
Office use
385 00
38s.00
Storage of diary
products
385 00
Warehouse of
general merchandise
1,046.00
Furniture
warehousing & distr
885.00
Cold storage
warehousing
885 00
14,838.00
3500
3500
3133
70000
8144
13000
Total for Certificate of Occupancy:482,372.00
Total Fees Paid 14,838.0023 Permits(s)
2
C-2019-1265 3876 SANTA FEAVE Equal Opportunity Clothers
ApN 6302018017 tnc
250
Page 239 of 508
lssued Permit No. Project Address Tenant
City of Vernon
Certificate of Occupancy
lssued Date From 4l'l.12019 to 4/30/20'19
Oescription Fees Paid Square Feet
412212019 C-2014-1070 4440
APN
AMAZON.COM SERVICES/Varehouse general
INC merchandise
Total for Certificate of Occupancy:
26TH ST
5243018010
2,414 00 145000
2,414.00 '145,000.00
Total Fees Paid 2,414.001 Permits(s)
1
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City Council Agenda Item Report
Agenda Item No. COV-237-2019
Submitted by: Mark Aumentado
Submitting Department: Public Utilities
Meeting Date: June 4, 2019
SUBJECT
Award of Construction Contract to General Pump Company, Inc. for On-Call Well and Booster Pump Repairs
Recommendation:
A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review,
in accordance with CEQA Guidelines § 15301, because the project consists of the maintenance, repair or minor
alteration of existing facilities and involves negligible or no expansion of an existing use; and
B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder; and
C. Approve a Construction Contract with General Pump Company, Inc., in substantially the same form as attached
herewith, in an amount not to exceed $600,000.00 for a one year term; and
D. Authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc. with an
effective date of July 1, 2019.
Background:
The City of Vernon owns and operates nine production water wells, eight storage tanks, and fourteen booster pumps
located at three booster plants. Annually, these facilities are used to pump and provide approximately 7,000 acre feet of
ground water to customers throughout the City. The City is also able to purchase water from Central Basin Municipal
Water District (CBMWD). The Water Division is working to reduce the City’s reliance on imported water. Historically,
imported water has been significantly more expensive than pumping our own groundwater, and imported water costs
are increasing. In addition, the City owns four sump pumps that prevent flooding for the underpasses at Downey Road
and Washington Boulevard; the sump pumps are currently operated and maintained by the Water Division.
Unfortunately, due to facility age and deferred maintenance, many of the facilities are deteriorating and are in need of
repair. Repair and rehabilitation of these facilities will aid the Water Division in serving the community with pumped
ground water which is significantly less expensive than importing water into the City through a connection with the
CBMWD.
As repairs and rehabilitations are performed on an on-call or as-needed basis, an exact scope of work is impossible to
predict. However, as a basis for comparison, Water Division staff developed a Notice Inviting Bids (NIB) that
encompassed a full array of repairs and rehabilitation work that could potentially be encountered at all of the City’s
water facilities. The bid schedule includes itemized costs for a variety of repair services that may be encountered as well
as itemized costs for labor and equipment to be utilized for repair services not specifically included in the itemized
Schedule of Bid Prices, if the need should arise. At the City’s sole discretion, work may be requested at quantities in
excess of those listed in the NIB, but the overall cost shall not exceed the budgeted amount.
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On April 22, 2019, Water Division staff issued the On-Call Well and Booster Pump Repairs NIB. Pursuant to Vernon
Municipal Code Sections 2.17.14 and 2.17.15, the Notice Inviting Bids was published in two local newspapers and
posted on the City’s PlanetBids website where 146 vendors were notified. On April 29, 2019, three potential bidders
attended a non-mandatory pre-bid meeting held to review the project specifications in detail. One bid was received and
opened on May 9, 2019 from General Pump Company, Inc. Staff reviewed the bid received and believes that it is
responsive, responsible, and competitive. General Pump Company, Inc. has a history of providing comparable services
to the City of Vernon and has been selected by over 45 Southern California cities to maintain well and pumping systems
under similar annual type contracts.
The current agreement with General Pump Company, Inc. for the On-Call Services for the Removal, Repair and
Reinstallation of Well and Booster Pump Equipment and Rehabilitation of Production Wells, Contract No. CS-0636
will expire on July 19, 2019. Upon approval, the proposed new Contract will become effective July 1, 2019. The new
contract will be for a one year term and include an option to extend the agreement for up to two additional one year
terms. Any extension would be at the sole discretion of the City. VPU will evaluate the need for any extensions and
determine an appropriate budget prior to the expiration of the initial one year term. If desired, any extension beyond the
initial term and associated funds will be presented to the City Council for approval. The City Attorney’s office has
reviewed and approved the contract as to form.
Fiscal Impact:
The proposed Contract shall not exceed $600,000.00 for the duration of the one year term. Although the contract will
include an option to extend the Contract for up to two additional one year terms, any Contract extensions and additional
funds will be requested and brought to City Council for approval as necessary prior to execution.
As is customary during the budget preparation process, any proposed budget amounts will be vetted by the Finance
Director and City Administrator prior to presentation to City Council for approval. If the proposed contract is
approved, VPU will budget accordingly for the upcoming fiscal year 2019-2020 and in subsequent years.
ATTACHMENTS
1. Construction Contract with General Pump Company, Inc
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STANDARD FORM OF
CONSTRUCTION CONTRACT BETWEEN
CITY AND CONTRACTOR
This Agreement is made and entered into at Vernon, California this 1st day of July, 2019, by and between the
CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and General Pump Company, Inc., a
California corporation (hereinafter "Contractor"), for On-Call Well and Booster Pump Repairs at Various Locations.
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 – Special Provisions Specific for this Project
J. Exhibit C – Living Wage Provisions
K. Exhibit D – Equal Employment Opportunity Practices Provisions
L. Notice Inviting Bids
M. Instructions to Bidders
N. Bidding Addendum No. 1
O. Bid Forms
P. Designation of Subcontractors
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2. SCOPE OF WORK
Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract
Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools;
equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental
Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity
with the Contract Documents for:
On-Call Well and Booster Pump Repairs
at Various Locations
LP-0464
3. TIME FOR PERFORMANCE
Contract Time. The term of the contract shall run through June 30, 2020 with an option to extend the contract
up to two (2) additional one-year terms, at the City’s sole discretion, for a total possible life of three (3) terms ending
June 30, 2022. A Baseline Project Schedule must be submitted for every work assignment and approved by the City.
Contractor shall achieve Substantial Completion of the Work per the approved Baseline Project Schedule and as
established in City’s written Notice to Proceed for each assignment (“Contract Time”), subject to adjustment in
accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time
established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted
as permitted by this Construction Contract and the General Conditions.
Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of
the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in
the Contract Documents are reasonable for Contractor to perform and complete the Work.
Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the
Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of five hundred
dollars ($500) per day for each calendar day occurring after the expiration of the Contract Time for Substantial
Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General
Conditions of Contract.
Contractor Initial here: _________.
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4. CONTRACT SUM
In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the
Contract Documents, City shall pay Contractor the not to exceed amount of six hundred thousand dollars/no cents
($600,000.00), payable as set forth in the General Conditions (“Contract Sum”). An additional of up to six hundred
thousand dollars/no cents ($600,000.00) per year may be considered with contract extension(s). Up to two contract
extensions may be required.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written.
Executed at ___________________, California.
GENERAL PUMP COMPANY, INC.
By: _______________________________________
An Authorized Signatory
Printed Name: ______________________________
Title: ______________________________________
Date: ______________________________________
CITY OF VERNON: APPROVED AS TO FORM:
By: By:
Name: Name:
Title: Title:
Date:
ATTEST:
By:
Name:
Title:
CONTRACTOR’S SIGNATURE MUST BE NOTARIZED
[Contractor’s Corporate Seal]
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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 Contractor to adequately determine fair value before the Bid Deadline.
Allowances include estimated amounts established by the City for certain construction elements that
have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval
or selection of actual materials and equipment to a later date when additional information is available
for evaluation.
B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually
built, including, without limitation, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract
Documents.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described
in the Contract Documents as the base Contract Work (e.g. not designated as part of a Bid Alternate).
D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the
Work for the prices stated in response to the Notice Inviting Bids.
E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be
added to or deducted from the Base Bid and the Contractor’s responsibility only if the City accepts
the Bid Alternate.
F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The
Bid Forms include: (1) Bidder’s Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate; (4)
Bid Bond; (5) Bidder’s Statement of Qualifications; (6) Experience Form; (7) Trades Experience
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of Non-
Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification
required by the type of project funding (e.g. federal, ARRA, HUD, etc.).
G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid
on these Contract Documents or any part thereof.
H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract
Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to Bidders;
and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2)
the Construction Contract Between City and Contractor; (3) the Conditions of the Contract (General,
Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the
Specifications; (7) all Addenda issued prior to the execution of the Construction Contract; (8) all
Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals,
if any, including but not limited to, permits.
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I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement
between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a
specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and
the extent of the adjustment, if any, in the Contract Time.
J. Change Order Request (COR). A Change Order Request is a written document originated by the
Contractor, which describes an instruction issued by the City after the effective date of the Contract,
which Contractor believes to be a scope change that may result in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability of a change in the Work proposed by
Contractor.
K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with
the Project.
L. Construction Change Directive. A written order prepared and signed by the City directing a change in
Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.
M. Contract Documents. The Contract Documents are enumerated in the Construction Contract
between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction
Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the
execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9)
Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents
is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents
the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
on by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documents.
O. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable
to Contractor for the complete performance of the Work in accordance with the Contract Documents.
P. Contract Time. The total number of days set forth in the Construction Contact within which
Substantial Completion of the Work must be achieved beginning with the Date of Commencement
established in the Notice to Proceed, subject to adjustments in accordance with the terms of the
Contract Documents. The Contract Time for Contractor's performance of the Work is measured in
calendar days (not work days).
Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom
the Contract is made by City, or the agent or legal representative who may be appointed to represent
such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the
Contract as general contractor for construction of the Work.
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R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period
used in the Contract Documents.
S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to
Proceed to Contractor.
T. Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the
Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except
Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows:
1. January 1st - New Year’s Day
2. The 3rd Monday in January – Martin Luther King, Jr. Day
3. The 3rd Monday in February – Presidents Day
4. March 31st – Cesar Chavez Day
5. The last Monday in May – Memorial Day
6. July 4th – Independence Day
7. The first Monday in September – Labor Day
8. The second Monday in October – Columbus Day
9. November 11th – Veterans Day
10. The 4th Thursday in November – Thanksgiving Day
11. December 24th – Christmas Eve
12. December 25th – Christmas Day
13. December 31st – New Year’s Eve
U. Assistant General Manager. The Assistant General Manager of the Public Utilities of the City of Vernon
or his/her duly appointed representative.
V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the
design, location, and dimensions of the Work, generally including plans, elevations, sections, details,
schedules, and diagrams.
W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional
and unforeseen costs.
X. Field Directive. See, “Work Directive.”
Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, but not limited to, correction or completion of all punch
list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an
Application for Final Payment and all closeout documentation required by the Contract Documents;
and (3) documentation of all final Governmental Approvals has been submitted to City including, but
not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been
issued covering the entire Project site without exception or conditions.
Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage,
insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acts of God.
AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.
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BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulation or procedures in order for Contractor to perform the Work.
CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as
guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the
warrantor.
DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directive.
EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for the Work.
FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as
the Parties.
GG. Permit Fees. Governmental Approvals and Utility Fees as required by any agency to be paid by the
City of Vernon.
HH. Intentionally Omitted
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 Bidders.
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 Contractor's performance of the
Work.
MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without
limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions,
Supplementary and/or Special Conditions, if any, the “GREENBOOK” STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (current Edition), the Standard Plans
for Public Works Construction (current Edition), State of California, Department of Transportation
Standard Plans and Standard Specifications (current Edition), the California State Water Resources
Control Board, the American Water Works Association (AWWA) Standards, the National Electrical
Manufacturers Association (NEMA) Standards, and the City of Vernon Standard Plans.
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.
Page 249 of 508
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 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 Contractor to fulfill
the Contractor'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 Contractor
to continue performance of the Work or to perform a disputed change in the Work prior to agreement
or adjustment, if any, in the Contract Sum, Contract Time, or both.
1.02 REPRESENTATIVES
A. The Assistant General Manager shall be the representative of the City and, except as otherwise
expressly provided herein, shall make all decisions and interpretations to be made by the City under
the provisions of the Contract Documents.
B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent.
Instructions and information given by the Assistant General Manager to the Contractor's agent on the
Work shall be considered as having been given to the Contractor.
1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND
UTILITIES
A. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of
the project.
B. If necessary, the Contractor shall obtain an appropriate encroachment permit from the City of Vernon’s
Public Works Department.
C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees
must be submitted to the City prior to submission of the Application for Final Payment.
D. Where requirements of the Governmental Approvals differ from those of the Drawings and
Specifications, the more stringent requirements shall apply.
1.04 LICENSES
The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work.
Page 250 of 508
Contractor shall apply and pay for a City of Vernon business license.
1.05 ALLOWANCES
A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City’s estimated
cost established for each Work item covered by an Allowance stated in the Contract Documents. See
Paragraph 1.01 for definition of Allowance.
B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost
to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery;
handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other
taxes legally chargeable; and all other costs and expenses incidental to such Work.
C. Work items covered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contractor shall notify and request City’s approval of material
equipment, and pricing information for Work covered by an Allowance before ordering the material or
equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials,
equipment, and prices with reasonable promptness. The material, equipment, and pricing information
submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data
and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred
by Contractor and each subcontractor associated with the performance of such Work. Contractor shall
not order materials or equipment or proceed with Work covered by an Allowance until the material,
equipment, and pricing information for such Work items have been submitted to the City’s Project
Representative for review and the Contractor has received City’s approval to proceed with a Work item
covered by an Allowance.
D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment.
E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of
Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the
Allowance item. If Work items covered by an Allowance are not performed or the City deletes such
items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Directive to deduct the Cost of the unused Allowance item.
1.06 WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different character.
1.07 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Assistant General Manager with such information as the Assistant General
Manager may desire respecting the character of the materials and the progress and manner of the Work,
including all information necessary to determine the Contractor’s costs, such as the number of persons
employed, their pay, the time during which they worked on the various classes of construction, and other
pertinent data.
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1.08 CONTRACT DRAWINGS
The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings.
1.09 SPECIFICATIONS AND DRAWINGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
Orders pertaining to the Work and shall at all times give the Assistant General Manager 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 Assistant General Manager’s attention before proceeding
with the Work affected by the discrepancy.
D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the
responsibility of furnishing, making, or installing all items required by law or code, or usually
furnished, made or installed in a project of the scope and general character indicated by the Drawings
and Specifications.
E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontract or trade. The
Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the
location or provision in the Drawings and Specifications.
F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings
and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof.
The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set.
1.10 PRECEDENCE OF CONTRACT DOCUMENTS
A. In the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the better
quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In
the event none of the Contract Documents place a more stringent requirement or greater burden
on the Contractor, the controlling provision shall be that which is found in the document with higher
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
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4. Special Conditions, if any
5. General Conditions
6. Specifications
7. Drawings
8. Bidding Requirements
B. With reference to the Drawings, the order of precedence is as follows:
1. Change Order Drawings
2. Addenda Drawings
3. Contract Drawings
4. Project Drawings
5. Standard Drawings
6. Detail Drawings
7. General Drawings
8. Figures
9. Scaled dimensions
C. Within the Specifications, the order of precedence is as follows:
1. Change Orders
2. Special Conditions
3. Project Technical Specifications
4. Standard Specifications, if any
5. Applicable Trade Association Specifications
1.11 NOTICE OF CONFLICTS
If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in
the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall
immediately notify the Assistant General Manager in writing. The Assistant General Manager shall promptly
review the matter, and if the Assistant General Manager finds a conflict, error or omission, the Assistant
General Manager shall determine the corrective actions and advise the Contractor accordingly. If the
correction associated with a conflict, error or omission increases or decreases the amount of Work called for
in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents.
After discovery of an error or omission by the Contractor, any related additional work performed by the
Contractor shall be done at the Contractor's risk unless authorized by the Assistant General Manager.
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1.12 REPORTS
A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the
following information concerning events at Project site:
1. List of Subcontractors at Project site.
2. List of other contractors at Project site.
3. Approximate count of personnel at Project site.
4. Equipment at Project site.
5. Material deliveries.
6. High and low temperatures and general weather conditions, including presence of rain or
snow.
7. Accidents.
8. Meetings and significant decisions.
9. Unusual events.
10. Stoppages, delays, shortages, and losses.
11. Meter readings and similar recordings.
12. Emergency procedures.
13. Orders and requests of authorities having jurisdiction.
14. Change Orders received and implemented.
15. Construction Change Directives received and implemented.
16. Services connected and disconnected.
17. Equipment or system tests and startups.
18. Partial completions and occupancies.
19. Substantial Completions authorized.
20. List of visitors to Project Site.
21. List of personnel at Project Site including names and job classifications.
22. Description of Work for the day including locations, quantities and related bid items.
Immediately upon discovery of a difference between field conditions and the Contract Documents, the
Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a
detailed description of the differing conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours
(next Working Day) to the Assistant General Manager, and shall be made available to others as directed by
City.
1.13 LINES, GRADES, AND MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all
survey stakes and reference points as far as possible. Should any stakes or points be removed or
destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the
satisfaction of the Assistant General Manager, at the Contractor's expense.
B. The Contractor shall inform the Assistant General Manager 48 hours (two Work Days) in advance of
the times and places at which he/she intends to Work in order that inspection may be provided, and
that necessary measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned
by giving lines and grades, by making other necessary measurements, or by inspection.
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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 Assistant General Manager, the Contractor may, without cost, use portions of any of
the City's rights of way or property which may be suitable for working space and for storage of
equipment and materials. The Contractor will be held responsible for any damage to structures,
streets, and roads, trees and landscaping, and for any damage that may result from his/her use of
City property.
C. In case areas additional to those available on the City's rights of way or property are required by the
Contractor for his/her operations, he/she shall make arrangements with the property owners for the use
of such additional areas at his/her own expense.
1.15 CONTRACTOR’S OPERATIONS/STORAGE YARD
In the event the Contractor requires space for the storage and/or staging of construction materials, supplies,
equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at
his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging
area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit
visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal
condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded
and free of weeds and debris when project is completed.
[END OF ARTICLE]
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ARTICLE 2 - PERFORMANCE OF THE WORK
2.01 PERFORMANCE OF WORK - GENERAL
Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and
equipment for doing and performing said Work and the materials used shall comply with the requirements of the
Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and
subject to the approval of the Assistant General Manager, or his/her designated assistant.
2.02 NO ASSIGNMENT OR DELEGATION
Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in
whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion.
2.03 STANDARD OF PERFORMANCE
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel; that any Work
performed by Contractor under the Contract will be performed in the best manner; that any material furnished
shall be subject to the approval of the Assistant General Manager; and that both Work and materials will meet
fully the requirements of the Contract Documents. Any work deemed unacceptable by the Assistant General
Manager, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor’s
expense.
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and
corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform
process and quality control sampling and testing and exercise management control the work of his/her
subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading,
compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all information resulting from mix design and quality control activities. All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.
2.04 DEFECTIVE WORK
Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or
unsatisfactory Work determined by the City.
The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is
deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly
estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s
acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance
of the Work.)
2.05 CITY’S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work
required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with
the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to
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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
Contractor has failed to perform and/or replace or correct deficiencies in the Work. In such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies,
including compensation for additional services by the City’s project management staff, the Architect,
and their respective consultants made necessary by such default, failure to perform, or neglect, plus
15% for City’s overhead expenses. If payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is
cumulative.
B. The City also has the right, but not the obligation, to self-perform or have outside forces perform portions
of the Work previously assigned to Contractor. In such case a Change Order or Construction Change
Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted
Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such
deleted Work and the Allowable Mark-Up applicable to such deleted Work.
2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by
certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All correspondence with Contractor shall be sent to the following address:
General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
Attention: Daniel Pichardo
Phone: (909) 599-9606
Facsimile: (909) 599-6238
All communications shall be copied to City and shall be delivered to City’s Assistant General Manager
at the address set forth below, with copies to such additional persons as may be directed by City’s
Assistant General Manager.
City of Vernon
Department of Public Utilities
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Aumentado, Assistant Civil Engineer
Phone: (323) 583-8811 x309
Facsimile:
E-mail: maumentado@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.
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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 Contractor's Project Manager and technical
representatives designated by City. Contractor's representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
concerning the Work.
C. Contractor shall copy City on all written correspondence pertaining to the Contract between
Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys.
D. Notification of Affected Residents/Businesses – The Contractor shall be responsible for distribution of
the general information letter of the project to all affected residents and businesses. A project general
information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution
to all residents, business establishments, and institutions fronting on or directly affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distribution shall be accomplished in a manner
acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction
operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible
for such other notifications as may be required related to necessary closures of streets, alleys,
driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restrictions required in the performance of any work under this
contract preclude any resident, tenant, or property owner from utilizing the premises or conducting
business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the affected residents and businesses.
If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the
affected residents and places of business shall be re-notified of the revised schedule, in writing, as
indicated above.
Contractor costs for all of the above notifications shall be considered as included in the appropriate
items of the Bid Proposal.
E. Notification of Utilities – The provisions of Section 5 entitled "Utilities" of the “Greenbook” Standard
Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern
California (U.S.A.) at least two working days in advance of the construction work
2.07 INDEPENDENT CONTRACTOR
The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, or joint venture of the City.
2.08 EMERGENCY WORK
A. During Working Hours:
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In case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant.
He/she shall notify the Assistant General Manager of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Assistant General Manager within 15 calendar days after
the emergency. Compensation, if allowed, will be paid for as Extra Work.
B. Outside of Working Hours:
Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, the Contractor shall act, without previous instructions from the City as the situation may warrant.
He/she shall notify the Assistant General Manager of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Assistant General Manager within 15 calendar days after
the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor
is not able to respond to an emergency outside of regular working hours, the City's forces will handle
such emergency Work. If such emergency arises out of or is the result of operations by the Contractor,
the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment
as provided in the Contract Documents. The performance of emergency Work by City forces will not
relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract.
2.09 SUBCONTRACTORS
A. Each subcontract shall contain a reference to the Contract between the City and the principal
Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
insofar as applicable to the Work covered thereby. If, in the Assistant General Manager’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 Assistant General Manager may disqualify the
Subcontractor.
B. Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontractor and the City.
C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible
to the City for the acts and omissions of Subcontractors and of persons employed by them as the
Contractor is for the acts and omissions of persons directly employed by him/her.
D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material
suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her
Subcontractors commence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Work or materials; and that all damage caused by them or their
workers is made good at his/her expense.
E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or
between subcontractors.
F. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the
City, on those parts of the Work which are specified to be performed by specialty contractors.
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2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT
A. Whenever in the opinion of the Assistant General Manager 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 Assistant General Manager to the Contractor, use (which includes, but is not
limited to, taking over or placing into service) any portion(s) designated by the Assistant General
Manager.
B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in
any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any
warranty and/or guarantee periods.
C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used,
not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of
the Contractor, or any other cause, shall be made at the expense of the Contractor.
D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities
or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof.
Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof,
nor impair, reduce, or change the amount of liquidated damages.
2.11 COOPERATION WITH OTHER WORK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.
B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and
City personnel may be working in the vicinity during the project construction period. There may be
some interference between these activities and the Work under the Contract Documents. The
Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure
timely Contract completion.
2.12 AGREEMENTS WITH PROPERTY OWNERS
Agreements with property owners for storing excavated material, storing any other materials, or for any other
purpose related to the Work shall be made in writing and a copy submitted to the Assistant General Manager
for his/her information. All storage charges shall be at the Contractor’s sole expense.
2.13 PROTECTION OF PROPERTY
All public and private property, pavement or improvement, shall be safely guarded from damage or loss in
connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged
during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All
damages and losses incurred shall be paid by the Contractor.
2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Except as otherwise provided in the Contract Documents and except as to the cost of repair or
restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on account of the amount or character of the Work, or from any unforeseen
obstructions or difficulties which may be encountered, or from any encumbrances on the line of the
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Work, or because the nature of the ground in or on which the Work is done is different from what is
assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which
he/she has been entrusted.
B. Materials and Facilities
The Contractor shall be responsible for materials and facilities as hereinafter provided and in the
event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the
expense of the Contractor:
1. The Contractor shall be responsible for any materials so furnished and for the care of all
Work until its completion and final acceptance, and he/she shall at his/her own expense
replace damaged or lost materials and repair damaged parts of the Work.
2. The Contractor shall protect City facilities from damage resulting from his/her Work. City
facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be
repaired or replaced, as directed by the Assistant General Manager, at the Contractor's
expense.
3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction during construction. If Contractor fails to completely remove such items within a
reasonable time the City may do so at the Contractor’s expense.
C. Laws and Regulations
1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those
engaged or employed on the Work, or the materials used in the Work, or in any way affecting
the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority
over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in
the Drawings or Specifications herein referred to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in writing to the Assistant
General Manager.
2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may
become effective before Final Completion of this Contract.
3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws,
ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this
Contract is at variance with such applicable law requirement, he/she shall immediately notify the
Assistant General Manager.
4. If such applicable law requirement was not in effect on the date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such
applicable law requirement was in effect on said date of bid submission, no adjustment of Contract
price will be considered.
5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her
equipment, materials, or property used or required in connection with the Work.
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2.15 WARRANTY AND CORRECTIONS
A. Warranty
1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished
under the Contract will be of good quality and new unless otherwise required or permitted by
the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the
Work will conform to the requirements of the Contract Documents; and (iv) Contractor will
deliver the Project free of stop notice claims. Work not conforming to these requirements,
including substitutions not accepted by the City, will be deemed defective. The Contractor’s
warranty excludes improper or insufficient maintenance, improper operation, or normal wear
and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited
by the correction obligation of Paragraph 2.04 herein.
2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or
are duplicative, Contractor will be bound by the more stringent requirements.
3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or
transfer or assign to City or City’s designee prior to the time of Final Completion of the Work,
any and all warranties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Contractor obtained from any other person or entity other than
Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees
to perform the Work in such a manner so as to preserve any and all such warranties.
Contractor shall secure written warranties from all Subcontractors. Contractor and its
Subcontractors shall offer any warranty upgrades or extensions that are offered by
manufacturers of any equipment or system installed in the Work to the City. Contractor shall
deliver to City all warranty and guarantee documents and policies.
4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s
completion of the Work or termination of Contractor’s performance of the Work.
B. Correction of Work
1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by
the City or City’s designee, as failing to conform to the requirements of the Contract
Documents, whether discovered before or after Final Completion and whether or not
fabricated, installed, or completed. Costs of correcting such rejected Work, including
additional testing, inspections, and compensation for the City’s services and expenses
made necessary thereby, will be at the Contractor’s expense within the Contract Price.
2. After Final Completion.
(a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if,
within one (1) year after the date of Final Completion of the Work or within the time
period established by any applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor shall commence
correction or replacement of such Work within forty-eight (48) hours after receipt
of written notice from the City to do so. The Contractor shall perform such
corrective work without charge or cost to the City after Final Completion of the
Work. The City shall give such notice promptly after discovery of the condition.
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(b) If the Contractor fails to commence correction or replacement of non-conforming
Work within forty-eight (48) hours after receipt of written notice, the City will
proceed to have defects repaired or replaced at the expense of the Contractor and
its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead
and administrative expense. The City may charge such costs against any
payment due Contractor. If, in the opinion of the City, defective work creates a
dangerous or hazardous condition or requires immediate correction or attention to
prevent further loss to the City or to prevent interruption of operations of the City,
the City may take immediate action, give notice, make such correction, or provide
such attention and the cost of such correction or attention will be charged against
the Contractor. Such action by the City will not relieve the Contractor of the
warranties provided in this Article or elsewhere in the Contract Documents.
3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove
from the Site and replace those portions of the Work which are not in accordance with the
requirements of the Contract Documents in a manner acceptable to and as ordered by the
Assistant General Manager. No compensation shall be allowed for such removal or
replacement. Assistant General Manager shall have authority to cause defective work to
be remedied, removed or replaced and to deduct the costs from monies due or to become
due to the Contractor.
4. Destruction or Damage. In the event the Contractor destroys or damages any construction
of the City or another contractor while correcting or removing Work which is not in
accordance with the requirements of these Contract Documents, the Contractor shall bear
the cost of repairing or reconstructing that other construction as well.
5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a
period of limitation with respect to other obligations which the Contractor might have under
the Contract Documents. Establishment of the one-year period for correction of Work as
described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to
correct the Work, and has no relationship to the limitations periods established by statute
for any construction defect or other causes of action.
2.16 CLEANING AND ENVIRONMENTAL CONTROLS
The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the
responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following:
A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition;
and Remove waste materials, debris and rubbish from site and dispose off-site legally.
B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and
remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate
a self-loading motor sweeper with spray nozzles, as directed by the Assistant General Manager, to
maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected
by the Contractor’s operations. For purposes of this Paragraph, the affected areas include the project
Site as well as all haul routes to and from the project Site and all areas of construction and restoration
which have not been completed.
C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site.
D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain,
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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 Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and
regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter
21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities
including, but not limited to storm and/or sanitary sewer system inspection and repair, street
sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are
required to implement and maintain the activity specific Best Management Practices (BMPs) listed
in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES)
requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels,
oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to
any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its
methods for preventing NPDES violations during sweeping operations within the City. In addition,
Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and
company facilities. Failure to comply with this section may result in termination for cause by the City
of any contract resulting from this solicitation.
Table 2-1. BMPs for Public Agency Facilities and Activities
General and Activity Specific BMPs
General BMPs
Scheduling and Planning
Spill Prevention and Control
Sanitary/Septic Waste Management
Material Use
Safer Alternative Products
Vehicle/Equipment Cleaning, Fueling and Maintenance
Illicit Connection Detection, Reporting and Removal
Illegal Spill Discharge Control
Maintenance Facility Housekeeping Practices
Flexible Pavement
Asphalt Cement Crack and Joint Grinding/ Sealing
Asphalt Paving
Structural Pavement Failure (Digouts) Pavement Grinding and Paving
Emergency Pothole Repairs
Sealing Operations
Rigid Pavement
Portland Cement Crack and Joint Sealing
Mudjacking and Drilling
Concrete Slab and Spall Repair
Slope/Drains/Vegetation Shoulder Grading
Nonlandscaped Chemical Vegetation Control
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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
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
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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.
Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website:
www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2.
All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a
signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit
5).
The Contractor may self-certify that the following training was completed on an annual basis providing they
certify they have received all applicable training:
The Contractor shall train all of their employees in targeted positions (whose
interactions, jobs, and activities affect stormwater quality) on the requirements of
the overall stormwater management program.
When the Work includes the use or have the potential to use pesticides or fertilizers,
the Contractor shall train all of their employees (whether or not they normally apply
pesticides or fertilizers as part of their work). Training programs shall address:
Table 2-2
Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects
Category Minimum Requirements BMPs
1. Sediment Control Sediments generated on the project site shall be retained
using adequate Treatment Control or Structural BMPs.
Sediment Control
2. Non-Stormwater
Management, Waste
Management and
Materials Pollution
Control
Construction-related materials, wastes, spills or residues
shall be retained at the project site to avoid discharge to
streets, drainage facilities, receiving waters, or adjacent
properties by wind or runoff.
Non-storm water runoff from equipment and vehicle washing
and any other activity shall be contained at the project sites.
Stormwater
Management; Waste
Management
3. Erosion Control Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion Control
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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. Contractor shall bear the costs of any delays to the
Project caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location, period of construction, and a brief description of the project;
2. Contact information for the owner and contractor;
3. The building permit number for the project;
4. The grading permit number for the project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;
6. A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
7. A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
10. A certification statement that all required and selected BMPs will be effectively
implemented.
Within seven (7) days after the City awards the Contract, the Contractor shall submit seven (7) copies
of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the
plan. If revisions are required, the Contractor shall revise and re-submit the document within seven (7)
days of its receipt of the City’s comments. The City shall then have seven (7) days to consider the
revisions made by the Contractor and approve the SWPPP.
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The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative of the Los
Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City.
D. Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect
the quality of storm water discharge associated with construction activities. The plan will describe
and ensure the implementation of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development,
and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and
construction operations. Copies of the California Stormwater BMP Handbooks may be obtained
from:
California Stormwater Quality Association
P.O. Box 2313
Livermore, CA 94551
www.cabmphandbooks.com
Cashier
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
E. Implementation
The Contractor will be responsible throughout the duration of the Project for the installation,
monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and
disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a
result of changes in actual field conditions, contractor’s activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil-disturbed areas of the project site before the onset of precipitation
and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully
deploy these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected
at the end of each day with these control measures unless fair weather is predicted through the
following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted
prior to the end of the following workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed
by the City, the Contractor’s responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Work.
F. Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation
required during any sewer construction pursuant to the 2012 edition of the “Greenbook” Standard
Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently
amended.
The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a
sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an
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emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any
fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Contractor’s expense. The
Contractor shall take all measures necessary to prevent further damage or service interruption and
to contain and clean up the sewage spills.
G. Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two
City Departments:
Sewer Maintenance Services City of Vernon Control Center (323) 826-1461
Fire Department Dispatch Center 911
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and Inspectors. However, if these City
representatives are not available, then the Contractor shall immediately call:
Mark Aumentado, Assistant Civil Engineer (323) 855-1087
H. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report to the Assistant General Manager within
three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the
following:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time
implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
I. Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and
employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in
this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17.
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The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor under this contract
shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor
have been satisfied.
J. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control measures
and shall regularly inspect and maintain the construction site for the BMPs identified in the
SWPPP. The Contractor shall identify corrective actions and time frames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control measures, the
deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to
by Assistant General Manager and if requested in writing, but not later than the onset of the
subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the
City.
K. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor, materials,
tools, equipment and all incidentals; and for doing all the work involved in installing, constructing,
maintaining, removing, and disposing of control measures, except those that were installed as a
part of another structure, shall be included in the unit prices bid for the various related items of
work and no additional compensation will be made therefor.
2.18 SOLID WASTE DISPOSAL AND DIVERSION
The Contractor shall submit to the Assistant General Manager 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 Assistant General Manager. Further, the documents must
be submitted to the Assistant General Manager 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.
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SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Project Title: ______________________________ Specification No. ___________
Type of Material (a)
Disposed in Class III Landfills
(b)
Diverted from Class III Landfills by Recycling
(c)
[Leave This Column Blank]
(d)
Disposed in Inert Fills
Tons/CY Tons/CY Tons/CY Tons/CY
Asphalt
Concrete
Metal
Other Segregated Materials (Describe):
Miscellaneous Construction Waste
Total
Form to be submitted to the City
SIGNATURE:
TITLE:
DATE:
2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS
The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City.
Those items should be clearly identified. The City may require further information or documentation to
ascertain the suitability/appropriateness of a proposed product.
[END OF ARTICLE]
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ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION
3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
A. Notice to Proceed
The Contractor is not authorized to perform any Work the Contract Documents until he/she has
received from the City an official notification to commence Work. The date on which the notification is
received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and
approved, and insurance has been submitted and approved.
B. Prosecution of the Work
Work shall be continued at all times with such force and equipment as will be sufficient to complete it
within the specified time. The Contractor expressly proposes that he/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be performed and that
he/she will complete the Work within the specified time.
C. Required Contract Completion
Time is of the essence in the completion of this Contract. A Baseline Project Schedule must be
submitted for every work assignment and approved by the City. The Work shall be completed in its
entirety and made ready for service per the approved Baseline Project Schedule and as established
in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the
Contract Time is a reasonable period for performing the Work.
3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME
In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the
Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number of Working Days.
3.03 SUBSTANTIAL COMPLETION
A. Contractor Request for Inspection and Punch List
When the Contractor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Assistant General Manager a
request for inspection and a comprehensive punch list of items to be completed or corrected prior to
Final Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
B. City Inspection
Upon receipt of the Contractor's punch list, the Assistant General Manager will make an inspection
to determine whether the Work or designated portion thereof is Substantially Complete. If the
inspection discloses any item, whether or not included on the Contractor's punch list, which is not
sufficiently complete in accordance with the Contract Documents so that the City can occupy or
utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's
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issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
by City. The Contractor shall then submit a request for another inspection by City to determine
Substantial Completion.
C. Certificate of Substantial Completion
When the Work or designated portion thereof is substantially complete, the Assistant General
Manager will prepare a Certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall establish responsibilities of the City and Contractor for security,
maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the
Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate.
Warranties required by the Contract Documents shall commence on the date of Substantial
Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and
policies.
3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the
event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the
extent possible under the terms of the Contract, to offset the delay.
B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable
and not compensable, and the Contractor will not be entitled to any extension of time or to any other
compensation for damages resulting directly or indirectly therefrom.
C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the
Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable
and may entitle the Contractor to an equivalent extension of time, but not to any other compensation.
Excusable but not compensable causes include but are not limited to labor disputes, weather
conditions unfavorable for prosecution of the Work, and force majeure.
D. If any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes of delay specified in this
paragraph.
E. The Contractor shall notify the Assistant General Manager 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 Assistant General Manager not more than 30 days after the ending of such
delay. The Contractor shall provide a written report evaluating the impact of the delay which shall
include, at a minimum, all of the following:
1. a narrative description of the delay and its impact on the critical path to Substantial Completion of
the Work or a portion of the Work designated by City;
2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay;
3. the number of days of extension sought by Contractor as an adjustment to the Contract time;
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4. a statement that Contractor has complied with the requirements of the General Conditions for
written notice of delays, along with the dates and copies of such notices;
5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and
6. the Contactor’s recommendations for reordering or re-sequencing the Work to avoid or minimize
further delay.
No extension of time or compensation for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion of the Work for which a time of completion is specified.
G. The Assistant General Manager will investigate the facts and ascertain the extent of the delay, and
his/her findings thereon shall be final and conclusive.
H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an
extension of time or for damages resulting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
I. When a Contractor experiences two concurrent delays, one compensable and the other excusable,
no compensation other than an extension of time will be allowed.
J. An extension of time must be approved by the Assistant General Manager 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 Assistant General Manager may suspend the Work whenever weather conditions or conditions
resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused
by such suspension may entitle the Contractor to an extension of time but not to any other
compensation.
B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may
request such suspension. The delay caused by such suspension may entitle the Contractor to an
extension of time but not to any other compensation.
C. No extension of time will be granted for suspension of Work unless the suspension affects the timely
completion of all Work under the Contract or the timely completion of a portion of the Work for which
a time of completion is specified. Determination that the suspension for inclement weather conditions
or conditions resulting from inclement weather affects timely completion and entitles the Contractor
to an extension of time shall be made and agreed to in writing by the Assistant General Manager
and the Contractor on each day that Work is suspended. In the event of failure to agree, the
Contractor may protest under the provisions of Paragraph 7.07.
D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of time for each day that he/she is unable to Work at least
one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time
on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will
be entitled to a one day extension of time whether or not conditions change thereafter and the major
portion of the day is suitable for Work.
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3.06 COMPLETION AND ACCEPTANCE
A. Upon request by the Contractor, the Assistant General Manager or authorized City Representative shall
conduct a final inspection of the Work. If, in the Assistant General Manager’s opinion, Final Completion
has been achieved, the Assistant General Manager will accept the Work by issuing a “Notice of
Completion” of the Work to the Contractor. Upon the issuance of the Notice of Completion the
Contractor will be relieved from responsibility to protect the Work.
B. Within 15 calendar days after issuing the Notice of Completion, the Assistant General Manager will
record the Notice of Completion with the County Recorder.
3.07 LIQUIDATED DAMAGES
A. Contractor and City agree to liquidate damages in the amount of five hundred dollars ($500) per day,
with respect to Contractor’s failure to achieve Substantial Completion of the Work within the Contract
Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set
forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the
liquidated damages are intended to compensate City solely for the Contractor’s failure to meet the
deadline for Substantial Completion and shall not excuse Contractor from liability from any other
breach, including any failure of the Work to conform to the requirements of the Contract Documents.
B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract
Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day
that Substantial Completion is delayed.
C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completion of the Work.
Contractor and City acknowledge and agree that the amount of such damages are impossible to
ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s
damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated
damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly
unreasonable under the circumstances existing as of the effective date of this Agreement.
D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress
payments or retainage and that the City will issue a Construction Change Directive and reduce the
Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the
full amount of liquidated damages. Contractor shall pay the difference to City.
[END OF ARTICLE]
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ARTICLE 4 - CONSTRUCTION SCHEDULES
4.01 BASELINE PROJECT SCHEDULE
For all Work Assignments or as requested, the Contractor shall submit his/her work Baseline Project Schedule,
in electronic as well as hard-copy format, to the Assistant General Manager showing in detail how the Contractor
plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical
path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted
by the Assistant General Manager before the Contractor will be permitted to begin work. In addition, the
Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day’s work. This
schedule shall be updated and submitted to the City every other Monday during the construction period. The
Contractor shall give 48 hours notice to the City Engineer prior to the start of the work.
A. Format
1. At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis
and by geographic area or location on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Project Schedule shall be based on and
incorporate contract milestone and completion dates specified in the Contract Documents. It shall
depict events, jobs, and their interrelationships and shall recognize the progress that must be made
on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall
include all logical interdependencies and interactions required to perform the Work of the Project.
2. Overall time of completion and time of completion for each milestone shown on the Schedule shall
adhere to the specified Contract Time, unless an earlier (advanced) time of completion is
requested by Contractor, agreed to by the City and formalized by Change Order.
3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by
the parties.
4. The City will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the
proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline
Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If
the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project
Schedule, in accordance with the recommendations of the City, and re-submit same for
acceptance, no later than seven (7) calendar days after receipt of said recommendation.
5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for
accomplishing the Work in accordance with the Contract Documents.
B. Float
1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities are
defined as non-critical Work activities and are considered to have float. Float is defined as the
time that a non-critical Work activity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
available to either party or both parties as needed. Once identified, Contractor shall monitor,
account for, and maintain float in accordance with Critical Path Methodology.
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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 Contractor, etc.) create shared float. Accordingly, City-caused delays may
be offset by City-caused time savings.
C. Weather (This section applies only to projects of one (1) year duration or longer)
The completion time contemplated by this Contract anticipates fifteen (15) 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 fifteen (15) weather days have been utilized. Annual weather days are
not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule
adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions
of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of
the commencement of each rain event.
D. Early Completion
While the Contractor may schedule completion of the Project earlier than the date established by the
Contract Documents, no additional compensation shall become due the Contractor for the use of float
time between the Contractor’s projected early completion date and the date for Substantial Completion
established by the Contract Documents, unless an earlier (advanced) time of completion is requested
by Contractor, agreed to by the City, and formalized by Change Order.
4.02 SCHEDULE UPDATES
A. With each Application for Payment submitted by Contractor (other than the final Application for
Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, corrective actions taken, or
slippage carry-over, for all anticipated delays or difficulties, and all other information required to
accurately present the actual status of the progress of the Work as of the date of the Application for
Payment. If the Contractor does not submit an updated Project Schedule with an Application for
Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is
submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or
additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and authorized pursuant to Change Order or Work Directive.
B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities)
be removed and/or altered in any way. This historical data is to be preserved within each of the updated
Project Schedules and submitted with the final schedule update to reflect the actual start and finish
dates for each activity within the Schedule.
C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work
stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly
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indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule
updates are submitted, as required in this Paragraph 4.02 above.
4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES
A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order the
Contractor to take corrective measures to expedite the progress of construction, at no additional cost
to the City, including, without limitation, the following:
1. Working additional shifts of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activities to maximize practical concurrence of accomplishment of activities.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule
and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be
entitled to an adjustment in the Contract Sum in connection with the performance of any such
Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights
furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that
the Contractor’s performance of the Work will comply with the Contract Time or interim completion
dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or
commence Extraordinary Measures within ten (10) calendar days of City’s written demand, City may,
without prejudice to other remedies, take corrective action at the expense of the Contractor which shall
reduce the Contract Sum accordingly.
4.04 CONDITION OF PAYMENT
Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation,
submission, revising and updating of the Schedule is a condition precedent to City’s obligation to make payment
to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance.
Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold
payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future
payments on account of such noncompliance or any other noncompliance.
[END OF ARTICLE]
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ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT
5.01 TERMINATION BY THE CONTRACTOR
A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence
of one of the following:
1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the
Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other
persons or entities performing portions of the Work under direct or indirect contract with the
Contractor, due to:
a. the issuance of an order of a court or other public authority having jurisdiction; or
b. an act of government, such as a declaration of national emergency making material
unavailable;
and Contractor has given City written notice within ten (10) days of the occurrence of such ground
for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to
City, unless the reason has theretofore been cured, terminate its performance of the Work.
2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor,
any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, because the
City has persistently failed to perform any material obligation under the Contract Documents and
fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating
the nature of such default.
B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the
City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph
5.04-C below.
5.02 TERMINATION BY THE CITY FOR CAUSE
A. Grounds
The City shall have the right to terminate the Contractor’s performance of the Contract, in whole or in
part, without liability to City if:
1. Contractor fails promptly to begin the Work under the Contract Documents; or
2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or
3. Contractor fails to perform the Work in accordance with the Contract Documents, including
conforming to applicable standards set forth therein in constructing the Project, or refuses to
remove and replace rejected materials or unacceptable Work; or
4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to
termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or
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5. Contractor fails to resume performance of Work which has been suspended or stopped, within a
reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the
event preventing performance; or
6. Any representation or warranty made by Contractor in the Contract Documents or any certificate,
schedule, instrument, or other document delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in
accordance with the respective Contract Documents and applicable law; or
8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction; or
9. Contractor is guilty of breach of a provision of the Contract Documents; or
10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to
satisfy its contractual obligations.
A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract.
Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately
cancel the Contract and declare it null and void.
B. City’s Rights.
When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar
days written notice, terminate Contractor’s performance of the Work, in whole or in part, and may:
1. Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon owned by the Contractor;
2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages
or losses incurred by City;
3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the
costs incurred by the City in finishing the Work.
C. Costs
If City’s costs to complete and damages incurred due to Contractor’s default exceed the unpaid
Contract balance, the Contractor shall pay the difference to the City.
D. Wrongful Termination
If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor
for cause, then said termination shall be deemed converted to a termination for convenience as set
forth in Paragraph 5.04 and Contractor’s remedy for wrongful termination in such event shall be limited
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to the recovery of the payments permitted for termination for convenience as set forth in Paragraph
5.04.
5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract
Documents shall be deleted or performance suspended without electing to terminate the Contractor’s
performance under the Contract and without any penalty being incurred by the City.
B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor
shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended
except to the extent such Work has already been performed and is otherwise compensable under the
Contract.
C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor
or others without any penalty to the City.
D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor
with prompt written notice thereof, and the City shall be entitled to take possession of and have as its
property all Record Documents, Accounting Records, and other data prepared by Contractor or its
Subcontractors.
E. Suspension for Convenience.
1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to
suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may
determine. Such order shall be specifically identified as a “Work Suspension Directive” under this
Section.
2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City’s expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the
Work Suspension Directive during the period of Work stoppage.
3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor
and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered
by such Work Suspension Directive by issuing a Change Order or Construction Change Directive.
4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustments of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause for which the Contractor is responsible; or
(b) That an equitable adjustment is made or denied under another provision of the Contract.
F. Suspensions for Cause
City has the authority by written order to suspend the Work, in whole or in part, without liability to City
for Contractor’s failure to:
1. Correct conditions unsafe for the Project personnel or general public, or
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2. Carry out the Contract; or
3. Carry out orders of City.
G. Responsibilities of Contractor During Suspension Periods
During periods that Work is suspended, Contractor shall continue to be responsible for the Work and
shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary
structures, signs or other facilities required to maintain the Project and continue to perform according
to the Contract Documents.
5.04 TERMINATION BY THE CITY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Contractor hereunder, City
may terminate Contractor’s performance of the Contract, in whole or in part, at any time, for
convenience upon fifteen (15) calendar days written notice to Contractor.
B. Contractor Actions
Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.
At the election of and as directed by the City, any or all of the subcontracts and purchase orders
entered in to by Contractor prior to the effective date of termination shall be terminated or shall be
assigned to City.
C. Compensation
1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay
the Contractor the following amounts:
a. For Work performed before the effective date of termination, the total (without duplication of
any items) of:
i. The cost of the Work; and
ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be
fair and reasonable. In no event shall Contractor be entitled to recover overhead or
profit on Work not performed.
b. The reasonable costs of settlement of the Work terminated, including:
i. Accounting, clerical, and other expenses reasonably necessary for the preparation
of termination settlement proposals and supporting data, if any; and
ii. Storage, transportation, and other costs reasonably necessary for the preservation,
protection, or disposition of inventory.
2. Such payment shall be Contractor’s exclusive remedy for termination for convenience and will be
due and payable on the same conditions as set forth for final payment to the extent applicable.
Upon receipt of such payment, the Contractor and City shall have no further obligations to each
other except for Contractor’s obligations with respect to warranties, representations, indemnity,
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maintenance of insurance, and other obligations that survive termination or Final Completion as
provided for herein.
3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs,
or other compensation or payment of any kind or character shall be due or payable for unperformed
Work regardless of the basis of termination and the inclusion of this provision within this
subparagraph shall in no way limit its application to termination under this Paragraph.
4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of
termination for convenience provided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential
or other damages as a result of a termination or partial termination under this Article 5. The payment
to Contractor determined in accordance with this Article constitutes Contractor’s exclusive remedy for
a termination hereunder.
5.05 CONTRACTOR’S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE
If the City terminates Contractor’s performance of Work under the Contract, for cause or convenience or if
Contractor terminates a Subcontractor with the City’s approval, Contractor shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabilities, as directed by City;
(4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work;
(5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by
Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City’s
notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items
properly labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice,
incur no further costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this
Paragraph.
[END OF ARTICLE]
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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 Contractor shall perform such changes in the Work according to the applicable requirements
of the Contract Documents.
6.02 APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions of the Contract Documents. The
Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change
Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the
Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in
advance in writing through either a Change Order or Construction Change Directive. A change in the Contract
Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive.
Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City
has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time period provided in the
Contract Documents.
6.03 NOTICE OF SCOPE CHANGE
Contractor shall submit written notice of any change in scope to the Assistant General Manager if, in the
Contractor’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default,
or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in
Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time.
Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven
(7) calendar days after the discovery date of the circumstances of such scope change or other matters. The
written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract
Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right
by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written
notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract
Sum or Contract Time on account thereof.
6.04 CHANGE ORDERS
A. Computation
Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below.
B. Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and settlement of all adjustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
productivity, differing Site conditions, construction interferences and other extraordinary or
consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of
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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, Contractor
agrees that the Change Order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising
out of or incidental to the Change Order. No action, conduct, omission, product failure or course of
dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's
must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are
the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.
6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions, deletion,
or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment
shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work).
C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the City of the Contractor’s agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract Time.
D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the
Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in
Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph
6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent
Construction Change Directive, proceed with the performance of the Work as described in the
Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as
described in the Construction Change Directive shall give the City the right to carry out the Work, as
set forth in Paragraph 2.05.
E. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining
them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the method and the adjustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with
Paragraph 6.06(E) herein.
6.06 PRICING CHANGES IN THE WORK
A. Alternative Methods of Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Assistant General Manager 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 Contractor properly itemized
and supported by sufficient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups,
as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms of any provision of the Contract Documents.
2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract
Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise
stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
by the County and Contractor shall be deemed to include and encompass all Allowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for
Allowable Mark-Ups on such Allowable Costs.
4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the
Contract Documents, or by using the Schedule of Values to determine the value of the decrease
of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of
the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates
general conditions costs to individual line items, in which case no percentage of the decrease
shall be added. When a change consists of both addition and deletion of Work, the added costs
and deleted costs shall be calculated separately, and then added together, resulting in the net
cost for the change. The Allowable Mark-Up shall be applied to this net cost.
B. Contractor Maintenance of Daily Records for Changes
1. In the event that Contractor is directed to perform any Extra Work, or should Contractor
encounter conditions which the Contractor believes would obligate the City to adjust the Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily report supplemented by back-up records. Such
records shall include without limitation:
a. Labor. At the close of each day on which such Extra Work is performed, Contractor
shall submit an Extra Work labor report, on forms provided by Assistant General
Manager, to Assistant General Manager 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 Assistant General Manager may require.
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2. In the event that more than one change to the Work is performed by the Contractor in a calendar
day, Contractor shall maintain separate records of labor, construction equipment, materials, and
equipment for each such change. In the event that any Subcontractor of any tier shall provide
or perform any portion of any change to the Work, Contractor shall require that each such
Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contractor’s representation and warranty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All records maintained
by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by
such Subcontractor’s authorized project manager or superintendent.
All such records shall be forwarded to the Assistant General Manager on the day the Work is
performed (same day) for independent verification. The Assistant General Manager 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 Assistant General Manager may additionally require authentication of all time and material
tickets and invoices by persons designated by the Assistant General Manager for such purpose.
In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for
inspection, review, and/or reproduction such records, adjustments to the Contract Sum or
Contract Time, if any, on account of any change to the Work may be deemed waived for that
day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in
lieu of, any other Contractor obligation under the Contract Documents with respect to changes
to the Work.
5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that
day. The failure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non-authenticated ticket or invoice.
C. Allowable Costs
The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor
and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the
Extra Work, or in the case of deleted work the actual costs that would have been incurred in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized
by City in writing, for employees employed at the site, or at fabrication sites off the site, in the
direct performance of the Extra Work or that would have been incurred in the direct performance
of the deleted work, based on the actual cost for wages prevailing locally for each craft or type
of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor
costs for equipment operators and helpers shall be reported only when such costs are not
included in the invoice for equipment rental. The use of labor classification which would increase
the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.
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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 Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If
City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to
furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar materials
are available in the quantities required at the time they were needed. The City reserves the right
to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or
profits on materials so furnished. Material invoices must be included with the extra work report
to obtain payment.
4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph
5.04-C.3 above.
5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
performance of the Extra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published “Rental Rate Blue Book for Construction Equipment”
or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San
Jose, California, which is in effect at the time of commencement of the changed work. The
Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph
6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use
of equipment or tools which have a replacement value of $500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary
attachments, loading, transportation, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment
if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and,
when not in use, could be returned to its rental source at less expense to City than holding it at
the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City.
Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for
non-Working Days shall not be allowed. The rental time shall include the time required to move
the equipment to the Work from the nearest available source for rental of such equipment and
to return it to the source. If such equipment is not moved by its own power, then loading and
transportation will be allowed. Neither moving time nor loading and transportation costs will be
paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall
be acceptable to City, in good working condition, and suitable for the purpose for which it is to
be used.
6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or
deleted work.
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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 Contractor’s and all Subcontractor’s non-
craft labor (above a Foreman level);
2. Overhead (including home office overhead), administrative or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection
with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Small tools (replacement value not exceeding $500);
5. Office expenses, including secretarial and administrative staff, materials and supplies;
6. On-site and off-site trailer and storage rental and expenses;
7. Site fencing;
8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state of local business income and franchise taxes;
11. Losses of efficiency or productivity; and
12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph
6.06-C.
E. Allowable Mark-Up
1. Extra Work by contractor (Markup): The following percentages shall be added to the Contractor’s
costs and shall constitute the markup for all overhead and profits:
Labor 20%
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 Contractor 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 Contractor.
F. Net Allowable Costs
If anyone scope change involves both Extra Work and deleted work in the same portion of the Work
and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on
the Extra Work will be only the difference between the two amounts.
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6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST
City may issue a Construction Change Directive or other written request to Contractor describing a proposed
change to the Work and requesting the Contractor submit an itemized change order proposal in a format
acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order
proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods
to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written
change order proposal within such period of time, it shall be presumed that the change described in the City's
original proposal request will not result in an increase to the Contract Sum or Contract Time and the change
shall be performed by Contractor without additional compensation to Contractor. City's request for itemized
change order proposal request does not authorize the Contractor to commence performance of the change.
If City desires that the proposed change be performed, the Work shall be authorized according to the Change
Order or Construction Change Directive procedures set forth herein.
6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR)
If the Contractor believes that instructions issued by the City after the effective date of the Contract will result
in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need
for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR")
to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other
requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in its description of the Work, its material and labor quantities and detail, and must support and
justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required
to support and justify any additional time of performance requested by the Contractor. The City will not review
any COR which is incomplete. The Contractor may request additional compensation and/or time through a
COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's
failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to
substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is
approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR
is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed
Work and may submit a Claim in accordance with the procedures set forth herein.
6.09 ISSUANCE OF WORK DIRECTIVE (UNILATERAL).
In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall
maintain and submit to City all accounting and cost data necessary to substantiate Contractor’s cost of such
disputed Work.
[END OF ARTICLE]
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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 Assistant General Manager of the
Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals.
C. No subsequent progress payment will be made prior to receipt by the Assistant General Manager of
the monthly revision of the Construction Progress Schedule.
7.02 SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.
In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the
Notice of Award of the Construction Contract a Final Schedule of Values giving a complete
breakdown of the Contract Sum for each component of the Work.
B. Content
The Schedule of Values shall be in sufficient detail as the Assistant General Manager 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 Assistant
General Manager, Contractor shall revise the Schedule of Values to allocate sums for Contractor
overhead, profit and/or contingency among the individual line items for trade portions of the Work.
No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work
or Deleted Work for which a Change Order has not been executed by Contractor and City or for
which a Construction Change Directive has not been issued by City. Amounts that have been
mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction
Change Directive shall be segregated from the cost of the base Contract Work and separately listed
by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail
and supported by sufficient data to substantiate its accuracy as the Assistant General Manager may
require.
C. Applications for Payment
The Schedule of Values, when approved by the Assistant General Manager, shall be used as a basis
for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments
to the Contract Sum.
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D. Revisions
If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a
manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred
by Contractor, it shall be revised and resubmitted for the Assistant General Manager’s approval.
7.03 APPLICATIONS FOR PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment
meeting, Contractor shall submit to Assistant General Manager a copy of the proposed Schedule of
Values, marked to show the percentage of completion certified by Contractor for each line item in
the Schedule of Values, including any stored materials approved for payment by City pursuant to
Paragraph 7.03-D, below and any withholdings from Contractor proposed by Assistant General
Manager.
B. Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet with the
Assistant General Manager on or before the twentieth (20th) day of each month to review the
Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The
Assistant General Manager shall revise as appropriate and sign the marked Schedule of Values to
verify such review. If any item in the marked Schedule of Values submitted for payment is disputed
during this review, Contractor agrees to use its best efforts to resolve the disputed items with the
Assistant General Manager before submitting its Application for Payment. If the Assistant General
Manager and Contractor cannot agree, then the percentage completion shall be established at such
percentage as the Assistant General Manager, in good faith, determines is appropriate to the actual
progress of the Work. No inaccuracy or error in the Assistant General Manager’s good faith estimate
shall operate to release Contractor or Surety from any responsibility or liability arising from or related
to performance of the Work. The Assistant General Manager shall have the right subsequently to
correct any error and dispute any item submitted in Contractor's Application for Payment, regardless
of whether an item was identified as disputed in the review process provided for herein.
C. Certification
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to
City that:
1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the
Contract Documents;
3. Contractor is entitled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account of Work performed by Subcontractors
and that have been paid by City have been paid to the Subcontractors performing such Work,
without any retention, withholding or backcharge by Contractor.
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D. Stored Materials
Payments may be made by City, at its discretion, on account of materials or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor
or stored off-Site under the control of City. Such payments shall only be considered upon submission
by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment
will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and
that such other procedures are in place satisfactory to City to protect City's interests. To be
considered for payment, materials or equipment stored off-Site shall, in addition to the above
requirements and unless otherwise specifically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection. City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time.
7.04 PROGRESS PAYMENTS
A. Conditions to Progress Payments
Contractor shall submit its Application for Payment to the Assistant General Manager, 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 Assistant General Manager 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 Assistant General Manager in accordance with Paragraph 7.03-B, above;
2. submission of the Contractor's certification required by Paragraph 7.03-C, above;
3. submission of conditional releases of stop notice, if any, and bond rights upon progress
payment, complying with California Civil Code Section 8132, for all Work performed during the
time period covered by the current Application for Payment, signed by Contractor, its
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with California Civil
Code Section 8134 for all Work performed during the time period covered by the previous
Application for Payment, signed by Contractor, its Subcontractors of every tier and all material
suppliers to each;
4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Contract Documents;
5. compliance by Contractor with its obligation for submission of monthly and daily reports as
required by the Contract Documents;
6. compliance by Contractor with its obligations for submission of scheduling information and
updating of the Construction Schedule as required by Article 4, above and other provisions of
the Contract Documents pertaining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Contract Documents;
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8. submission of certifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreements certifying that all employee benefit contributions due and
owing pursuant to any applicable collective bargaining agreement have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission of documentation or
performance of conditions which, by the terms of the Contract Documents, constitute conditions
to Contractor's right to receive payment for Work performed.
B. Payments by City
Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of
undisputed sums due within thirty (30) Days after receipt by Assistant General Manager of an
undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five
percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following:
1. the portion of the Work permanently installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,
3. less, the aggregate of previous payments, and
4. less, any other withholdings authorized by the Contract Documents.
C. Rejection by City
Any Application for Payment determined not to be undisputed, proper and suitable for payment shall
be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why the payment request was rejected.
Failure by City or Assistant General Manager to either timely reject an Application for Payment or
specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for
Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by
Contractor.
D. Interest
If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California
Code of Civil Procedure Section 685.010. The number of Days available to City to make payment
pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be
reduced by the number of Days by which City exceeds the seven (7) Day return requirement
applicable to City as set forth in Paragraph 7.04-C, above.
7.05 FINAL PAYMENT
A. Retention
ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-B from each progress payment (“Retention”) and retained until such time as it is due
as described herein. A higher Retention amount may be approved by the City Council where project
is deemed “substantially complex” by City Council.
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B. Conditions to Final Payment
Contractor shall submit its Application for Final Payment, using such forms as required by Assistant
General Manager, prior to requesting a final inspection of the Work in accordance with Paragraph
3.06 above. Such Application for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or funds might be liable have been paid or
otherwise satisfied;
2. Contractor’s certification as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil
Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material
suppliers of each, covering the final payment period;
6. Unconditional Waiver and Release Upon Progress Payment in the form required by California
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all
material suppliers of each, covering the previous payment period;
7. all Record Documents (including, without limitation, complete and accurate As-Built drawings
which shall be kept up to date during the performance of the Work);
8. documentation that Contractor has inspected, tested, and adjusted performance if every system
or facility of the Work to ensure that overall performance is in compliance with the terms of the
Contract Documents;
9. four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance
manuals, instructions and related agreements, and equipment certifications and similar
documents;
10. certifications by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benefit contributions due and owing pursuant to any
applicable collective bargaining agreement have been paid in full;
11. releases of rights and claims relating to patents and trademarks, as required by the Contract
Documents; and
12. any other documents or information required by the Contract Documents as a condition of Final
Payment or Final Completion.
C. Final Payment
Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice
of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor,
subject to the City’s right to withhold 150% of any disputed amounts.
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D. Disputed Amounts
Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threatened as a result
of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by
Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its
sole discretion, to accept the Work without correction or completion and adjust the Contract Sum
pursuant to the Contract Documents.
E. Acceptance of Final Payment
Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor
against City for recovery of any loss, excepting only those Claims that have been submitted by
Contractor in the manner required by the Contract Documents prior to or at the time of the Final
Payment.
7.06 MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made
payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement of funds included as part of any such joint payment.
Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of
payment by such payee. In no event shall any joint check payment be construed to create any
contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor
or any third party rights against City or Assistant General Manager.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention of any payment. The partial payment, withholding or
retention by City in good .faith of any disputed portion of a payment, whether ultimately determined
to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time.
C. No Acceptance
No payment by City or partial or entire use of the Work by City shall be construed as approval or
acceptance of the Work, or any portion thereof.
D. Contractor Payment Warranty
Submission of an Application for Payment shall constitute a representation and warranty by
Contractor that:
1. Title to Work covered by an Application for Payment will pass to City either by incorporation into
the construction or upon receipt of payment by Contractor, whichever occurs first; and
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2. Work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Contractor or any other person.
E. Corrections
No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release
Contractor from the error, or from losses arising from the Work, or from any obligation imposed by
the Contract Documents. City retains the right to subsequently correct any error made in any
previously approved Application for Payment, or progress payment issued, by adjustments to
subsequent payments.
7.07 PAYMENTS BY CONTRACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion
of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor
shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account
of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance
with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public
Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City
pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all
Subcontractors who have performed Work that is included in Contractor's Application for Payment. Contractor
shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and
material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for
payment to a Subcontractor of any tier or material supplier.
7.08 PAYMENTS WITHHELD
A. Withholding by City
In addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
following:
1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating
probable filing of such claims or stop notices. City shall promptly inform Contractor of any third
party claims related to this Contract;
2. Defective Work. Defective Work not remedied;
3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services,
labor, materials or equipment;
4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid
balance of the Contract Sum or within the Contract Time;
5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with
applicable laws or lawful orders of governmental authorities;
6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply
with applicable laws or lawful orders of governmental authorities (including, without limitation
labor laws);
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7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing
to meet the Construction Schedule or failing to perform within the Contract Time;
8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding
offset or set off or that would legally entitle City to a set-off or recoupment;
9. Consultant Services. Additional professional, consultant or inspection services required due to
Contractor’s failure to comply with the Contract Documents;
10. Liquidated Damages. Liquidated damages assessed against Contractor;
11. Materials. Materials ordered by City pursuant to the Contract Documents;
12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any
other person or entity under contract to City;
13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract
Documents;
14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee
benefits funds pursuant to any applicable collective bargaining agreement or trust agreement;
15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient
documentation required by the Contract Documents, including, without limitation, Construction
Schedule updates, ‘look ahead’ schedules, Submittals, Schedules of Values, information on
Subcontractors, Change Orders, certifications and other required reports or documentation; and
16. Other Breach. A breach of any obligation or provision of the Contract Documents.
B. Release of Withholding
If and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then
payment shall be made for amounts withheld because of them.
C. Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or
threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be
made without a prior judicial determination of City’s actual rights with respect to such loss. Contractor
agrees and hereby designates City as its agent for such purposes, and agrees that such payments
shall be considered as payments made under Construction Contract by City to Contractor. City shall
not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an
accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city
may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the
Contract Documents.
D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall
maintain continuous and uninterrupted performance of the Work during the pendency of any disputes
or disagreements with City.
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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 Contractor’s
request, City will make payment to Contractor of any funds withheld from payments to ensure
performance under the Contract Documents if Contractor deposits with City, or in escrow with a
California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities
eligible for the investment of State Funds under Government Code Section 16430, or bank or savings
and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or
any other security mutually agreed to by the Contractor and the City, upon the following conditions:
1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the
purpose of receiving any interest thereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section 22300
and under this Paragraph 7.04, including, but not limited to City’s overhead and administrative
expenses, and expenses of Escrow Agent shall be the responsibility of Contractor.
3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least
equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract
Documents.
4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent,
Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow
agreement, using the City’s form, “Escrow Agreement for Deposit of Securities in Lieu of
Retention.”
5. Contactor shall obtain the written consent of Surety to such agreement.
6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the
Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to
be withheld. Should the current market value of such substituted security fall below the amount for
which it was substituted, or any other amounts which the City withholds pursuant to the Contract
Documents, Contractor shall immediately and at Contractor’s expense and at no cost to City deposit
additional security qualifying under Public Contract Code Section 22300 until the current market value
of the total security deposited is no less than the amount subject to withholding under the Contract
Documents. Securities shall be valued as often as conditions of the securities market warrant, but in
no case less frequently than once per month.
C. Deposit of Retentions
Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At
the expense of Contractor and at no cost to City, Contractor may direct the investment of the
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payments into securities and interest bearing accounts, and Contractor shall receive the interest
earned on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of
the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents.
D. Time for Election of Substitution of Securities
Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section
22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld
by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of
all such rights.
7.10 CLAIMS
A. Arising of Claim.
1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a “claim” will be deemed to arise
once the Assistant General Manager has issued a decision denying, in whole or in part, the
Contractor’s Change Order Request.
2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become final, the
Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the
Claim within three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its
probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract
Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For
purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been
given by Contractor shall be deemed to arise on the date that such written notice is received by
City.
B. Content of Claim
A Claim by Contractor must include all of the following:
1. A statement that it is a Claim and a request for a decision on the Claim;
2. A detailed description of the act, error, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time
due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;
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4. A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form' required for submittal of Change Order Requests and
actual job cost records demonstrating that the costs have been incurred;
5. If the Claim involves a request for adjustment of the Contract Time, written documentation
demonstrating that Contractor has complied with the requirements of the Contract Documents
and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating
that Contractor is entitled to an extension of time under the Contract Documents; and
6. A written certification signed by a managing officer of Contractor's organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has personally
investigated and confirmed the truth and accuracy of the matters set forth in such certification,
in the 'following form:
"I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and
that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of
(Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry
into the facts of the Claim, the following statements are true and correct:
The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know of any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the Claim
materially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job cost records (including those maintained
by Contractor and by any Subcontractor, of any tier, that is asserting all or any
portion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact suffered
in the amounts and for the reasons alleged in the Claim; and,
(c) I have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and
confirmed on an event-by-event basis that the delays or disruption suffered by
Contractor and/or such Subcontractor were in fact experienced for the durations,
in the manner, and with the consequent effects on the time and/or sequence of
performance of the Work, as alleged in the Claim; and,
(d) I have not received payment from City for, nor has Contractor previously released
City from, any portion of the Claim.”
Signature: Date:
Name:
Title:
Company
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C. Noncompliance
Failure to submit any of the information, documentation or certifications required by Paragraph 7.10-
B, above, shall result in the Claim being returned to Contractor without any decision.
D. Submission of Claims
1. Assistant General Manager. Claims shall be first submitted to the City for decision by the
Assistant General Manager.
2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute
regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop
performance of the Work, but shall diligently proceed with performance in accordance with the
Contract Documents and City will continue, to make undisputed payments as by the Contract
Documents.
3. Time for Filing. All Claims and supporting documentation and certifications must be filed within
thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with
the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to
Contractor’s right to assert the Claim and to initiate the Dispute Resolution Process with respect
to such Claim.
E. Response to Claims, Meet and Confer
1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
within forty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within fifteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within
(60) days of receipt of the Claim, unless City requests additional information or documentation
of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to
the Claim within thirty (30) days after receipt of the further information or documentation or within
a period of time no greater than that taken by Contractor in producing the additional information
or documentation, whichever is greater.
3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify
City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s
response due date in the event of a failure to respond, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule
a meet and confer conference within thirty (30) days of such demand, for discussion of
settlement of the dispute.
F. Finality of Decision
If Contractor disputes the Assistant General Manager’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
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Statement of Dispute within seven (7) days after receipt of the Assistant General Manager’s
response.
G. Continuing Contract Performance/Duty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with
performance of the Contract and the City shall continue to make payments for undisputed Work in
accordance with the Contract Documents. In the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the
dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work.
[END OF ARTICLE]
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ARTICLE 8 - MATERIALS AND EQUIPMENT
8.01 GENERAL
A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations
required under the terms of this Contract, except those materials and equipment specified to be
furnished by the City.
B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and
used in the work are in compliance with the Specifications. Materials and equipment incorporated in
the Work and not specifically covered in the Specifications shall be the best of their kind. Unless
otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be
new.
8.02 QUALITY AND WORKMANSHIP
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and
imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the specified quality and equal to approved samples,
if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner,
notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to
call attention to apparent errors or omissions and request instructions before proceeding with the Work. The
Assistant General Manager may, by appropriate instructions, correct errors and supply omissions, which
instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings.
All Work performed under the Specifications will be inspected by the Assistant General Manager as provided in
Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Assistant
General Manager. Work, material, or equipment not in accordance with the Specifications, in the opinion of the
Assistant General Manager shall be made to conform thereto. Unsatisfactory materials and equipment will be
rejected, and if so ordered by the Assistant General Manager, shall, at the Contractor's expense, be immediately
removed from the vicinity of the Work.
8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the product is
designated to match others in use on a particular improvement either completed or in the course of completion,
the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on
approval of the Assistant General Manager, provided the use of such brand or manufacture involves no additional
cost to the City.
8.04 APPROVAL OF MATERIALS
A. The Contractor shall furnish without additional cost to the City such quantities of construction materials
as may be required by the Assistant General Manager for test purposes. He/she shall place at the
Assistant General Manager's disposal all available facilities for and cooperate with him in the sampling
and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on
samples. No samples are to be submitted with the bids unless otherwise specified.
B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples
shall be mailed to the Assistant General Manager by the Contractor. Both the label on the sample and
the letter of transmittal shall indicate the material represented, its place of origin, the names of the
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producer and the Contractor, the Specifications number and title, and a reference to the applicable
Drawings and Specifications paragraphs.
C. Materials or equipment of which samples are required shall not be used on the Work until approval has
been given by the Assistant General Manager in writing. Approval of any sample shall be only for the
characteristics of the uses named in such approval and no other. No approval of a sample shall be
taken in itself to change or modify any Contract requirement.
D. Failure of any material to pass the specified tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under this Contract, any further sample of the same brand or
make of that material.
8.05 ORDERING MATERIALS AND EQUIPMENT
One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work
must be furnished to the Assistant General Manager, 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 ASSISTANT GENERAL MANAGER
A. On all questions concerning the acceptability of materials or machinery, the classification of materials,
the execution of the Work, and conflicting interests of Contractors performing related work, the decision
of the Assistant General Manager shall be final and binding.
B. The Assistant General Manager will make periodic observations of materials and completed work to
observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she
is not responsible for the superintendence of construction processes, site conditions, operations,
equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site
of work.
8.07 INSPECTION
All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall
furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining
them, as requested by the Assistant General Manager. The Assistant General Manager, or his/her authorized
agent or agents, at all times shall have access to all parts of the shop and the works where such materials under
his/her inspection is being manufactured or the work performed. Work or material that does not conform to the
Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the
Contractor is permitted or directed to do night work or to vary the period during which work is carried on each
day, he/she shall give the Assistant General Manager due notice, so that inspection may be provided. Such work
shall be done under regulations to be furnished in writing by the Assistant General Manager.
8.08 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in the execution of the Work or included in the
materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents,
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servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the
Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or
appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all
respects to the Assistant General Manager. Or in the event that the Assistant General Manager elects, in lieu of
such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article,
materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the
Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and
necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention,
process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with
by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make
the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary
and requisite for the purpose aforesaid, then in that event the Assistant General Manager shall have the right to
make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof
against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her
surety, notwithstanding final payment under this Contract may have been made.
[END OF ARTICLE]
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ARTICLE 9 – SUBMITTALS
9.01 GENERAL
A. The Contractor shall submit samples, drawings, and data for the Assistant General Manager's approval
which demonstrate fully that the construction, and the materials and equipment to be furnished will
comply with the provisions and intent of the Drawings and Specifications.
B. Specific items to be covered by the submittals shall include, as a minimum, the following:
1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated
specials and furnish any other details necessary. Show location of shop and field welds.
3. For equipment which requires electrical service, submit detailed information to show power
supply requirements, wiring diagrams, control and protection schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufacturer's
recommendation of the interface/interlock among the equipment.
4. For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacturer's recommended installation
procedure, detailed installation drawings, test data and curves, maintenance manuals, and
other details necessary.
5. Samples
6. Colors
7. Substitutions
8. Manuals
9. As-built drawings
10. Safety plans required by Article 10
9.02 PRODUCT HANDLING
A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the
provisions of this Article.
B. Submit priority of processing when appropriate.
9.03 SCHEDULE OF SUBMITTALS
A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be
in the form of a submittal log. Refer to Paragraph 9.12.
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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 Assistant General Manager 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 Assistant General Manager for his/her review and selection whenever a choice of color or pattern is available
in a specified product. Label each chart naming the source, the proposed location of use on the project, and the
project.
9.06 MANUFACTURERS' LITERATURE
Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly
show which portions of the contents are being submitted for review.
9.07 SUBSTITUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract Documents.
Any Contractor proposed substitutions are subject to the Assistant General Manager’s approval.
The Assistant General Manager 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 Assistant General Manager to
evaluate the proposed substitution.
B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from
the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered.
C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03.
9.08 MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals
shall be submitted in electronic format. Manuals shall contain at least the following:
1. Identification on, or readable through, the front cover stating general nature of the manual.
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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 Contractor shall deliver to the
City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files
in electronic format showing completed building, “as-built” for City records before the Contract will be
accepted by the City.
B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They
shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm).
C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number,
letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the
drawing.
9.10 SUBMITTALS QUANTITIES
A. Submit seven (7) copies of all data and drawings unless specified otherwise.
B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be
retained by the Assistant General Manager.
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
Assistant General Manager.
C. The Assistant General Manager will review schedule of submittals and will notify Contractor that
schedule is acceptable or not acceptable within five (5) Working Days after receipt.
9.13 COORDINATION OF SUBMITTALS
A. Prior to submittal for the Assistant General Manager’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 Assistant General Manager, make all submittals in
groups containing all associated items; the Assistant General Manager 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 Assistant General Manager’s review, plus the
transit time to and from the City office.
C. Manuals shall be submitted prior to performing functional tests.
9.15 APPROVAL BY CITY
A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments,
and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make
Corrections Noted - Do Not Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of
costs, and as-built drawings will be returned for re-submittal if incomplete or unacceptable.
B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.
C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory.
D. Resubmit revised drawings or data as indicated, in five (5) copies.
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E. Approval of each submittal by the Assistant General Manager will be general only and shall not be
construed as:
1. Permitting any departures from the Specifications requirements.
2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions,
or of other nature that may exist.
3. Approving departures from additional details or instructions previously furnished by the Assistant
General Manager.
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. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the
Contractor shall be solely and completely responsible for conditions of the job site, including safety of
all persons and property, during performance of the Work. This requirement will apply continuously and
will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable
Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of
these are in conflict, the more stringent requirement shall be followed.
B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the
entire construction period.
C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations
warrant to protect the public from danger, loss of life, loss of property or interruption of public services.
Unforeseen conditions may arise which will require that immediate provisions be made to protect the
public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract. Whenever, in the opinion of the Assistant General Manager, a condition exists
which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or
protection of adjacent structures or property, the Assistant General Manager will order the Contractor
to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable
time period as determined by the Assistant General Manager, or in the event of an emergency situation,
the Assistant General Manager may provide suitable protection by causing such work to be done and
material to be furnished as, in the opinion of the Assistant General Manager, may seem reasonable
and necessary. The cost and expense of all repairs (including labor and materials) as are deemed
necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs
will be deducted from the final payment due to the Contractor.
10.02 PROTECTION FROM HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received
approval from the Assistant General Manager of the Contractor's detailed plan for worker protection
from the hazards of caving ground during the excavation of such trench. Such plan shall show the
details of the design of shoring, bracing, sloping or other provisions to be made for worker protection
during such excavation. No such plan shall allow the use of shoring, sloping or protective system less
effective than that required by the Construction Safety Orders of the Division of Occupational Safety
and Health, and if such plan varies from the shoring system standards established by the Construction
Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or
Structural Assistant General Manager in the State of California.
B. Confined Spaces
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California
Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received
approval from the Assistant General Manager of the Contractor’s program for confined space entry.
Confined space means a space that (1) Is large enough and so configured that an employee can bodily
enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example,
tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means
of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined
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space entry program may result in actions as provided in Article 5: “Suspension or Termination of
Contract.”
C. Material Safety Data Sheet
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California
Administrative Code. The Contractor shall submit to the Assistant General Manager 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
Assistant General Manager 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 (Assistant General Manager's List) of hazardous substances prepared by
the Assistant General Manager, California Department of Industrial Relations, pursuant to Labor Code
Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as
provided in Article 5, "Suspension or Termination of Contract".
10.03 DIFFERING SITE CONDITIONS
A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are
disturbed, notify the Assistant General Manager in writing of any Differing Site Conditions. Differing
Site Conditions are those conditions, located at the project site or in existing improvements and not
otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its
inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or
other excavations(s) that extend deeper than four feet below the surface of the ground that constitute:
1. Material that the Contractor believes may be material that is hazardous waste as defined in Section
25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or
Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing materially from those indicated in these
Contract Documents.
3. Unknown physical conditions at the site, of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in Work of the character provided for
in these Contract Documents.
B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site
Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly
reported to the Assistant General Manager followed within twenty-four (24) hours by a further written
notice stating a detailed description of the conditions encountered.
C. The Assistant General Manager will promptly investigate the conditions and If he/she finds that such
conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease
in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract,
an equitable adjustment will be made, as determined by the Assistant General Manager.
D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract
Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative
to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time
Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional
Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.
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E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph
10.03 concerning the timing and content of any notice of Differing Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason
of such conditions.
F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions
shall be allowed if asserted after Final Payment.
G. In the event of disagreement between the Contractor and the Assistant General Manager whether the
conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause
an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the
Work, the Contractor shall not be excused from any completion date required by the Contract, but shall
proceed with all Work to be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this
Contract which pertain to the resolution of disputes and protests.
I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or
unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment
to the Contract Sum or Contract Time.
10.04 TRAFFIC REGULATION
A. During the performance of the Work the Contractor shall erect and maintain necessary temporary
fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the
circumstance in his/her judgment for the prevention of accidents; and he/she shall take other
precautions as necessary for public safety including, but not limited to, traffic control. Traffic control
shall be conducted in accordance with the latest edition of the Work Area Traffic Control (“WATCH”)
handbook, published by BNi Books, and as directed and approved by the City Traffic and
Transportation Administrator.
B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that
is approved by all agencies having jurisdiction and that conforms to all requirements of the
Specifications.
C. No changes or deviations from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Traffic and
Transportation Administrator and all agencies having jurisdiction.
Contractor shall immediately notify the Assistant General Manager, the City Traffic and Transportation
Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the
approved traffic control plan.
D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5:
“Suspension or Termination of Contract” of these General Conditions.
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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 Contractor fails to provide and install any of the signs or traffic control devices required herby or
ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others,
charge the costs therefore against the Contractor, and deduct the same from the next progress
payment.
10.06 EXECUTION
A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587-
5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification
will include the specific location, project dates, what lanes of the roadway will be closed and when. Also
the construction project manager’s name and business phone number and the construction inspector’s
name and business phone number.
B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of
any posting of temporary no parking signs. Notification will include the times, dates and locations of
the posting. When vehicles must be towed for violation of temporary no parking signs, the person who
actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent
questions that may be asked by the parking enforcement officer or police officer towing the vehicles.
C. The Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that
construction is in progress whenever roadways are reduced in width or blocked. Notification shall be
made to the Fire Dispatch (323) 583-4821 and the Contractor shall provide the information required to
identify which roadways would have accessibility problems due to his/her operations. The Contractor
shall submit to Fire Department schedule of Work for their use and files.
D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Contractor until the Work is finished. Except
where public roads have been approved for closure, traffic shall be permitted to pass through
designated traffic lanes with as little inconvenience and delay as possible.
E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed
shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved
by the agency having jurisdiction.
F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall
maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive
blasting when no longer required.
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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 Contractor's equipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the current "Instructions to Flaggers" of the California Department of
Transportation.
2. Flaggers shall be employed full time on traffic control and shall have no other duties.
10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor
shall construct during construction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of the Contractor.
[END OF ARTICLE]
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ARTICLE 11 - INDEMNITY
11.01 INDEMNITY
To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend
the City, its officers, employees, agents, representatives and their successors and assigns (“Indemnitees”) from
and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment,
settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of
accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation
and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting
from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents,
employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them
may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by
an Indemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or death to any persons;
B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought
against the Contractor or City arising out of Contractor’s Work, for which the Contractor is responsible;
C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work,
including all incidental or consequential damages resulting to City from such stop notices and claims;
D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance;
E. Failure to comply with any Governmental Approval or similar authorization or order;
F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document
furnished by the Contractor in connection therewith;
G. Breach of any duty, obligation, or requirement under the Contract Documents;
H. Failure to provide notice to any Party as required under the Contract Documents;
I. Failure to protect the property of any utility provider or adjacent property owner; or
J. Failure to make payment of all employee benefits.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782,
the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of
Indemnitees or arise from the active negligence of City.
11.02 ENFORCEMENT
Contractor’s obligations under this Article extend to claims occurring after termination of the Contractor’s
performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or
alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this
Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of
the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor’s obligations
under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law
or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the
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City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for
the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor
provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole
discretion determine whether such assurances are reasonable.
11.03 NO LIMITATIONS
Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by
a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a
Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts.
[END OF ARTICLE]
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ARTICLE 12 – INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor
to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof
of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by
the Contractor prior to the City’s execution of the Contract.
12.02 MINIMUM COVERAGE AND LIMITS
Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS
City and Contractor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in the Contract Documents
or any other agreement relating to City or its operations limits the application of such insurance
coverage.
B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to City and approved in writing by
the City Attorney or City’s Risk Manager.
12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
This Agreement’s insurance provisions:
A. Are separate and independent from the indemnification and defense provisions in Article 12 of the
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
[END OF ARTICLE]
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ARTICLE 13 – BONDS
13.01 REQUIRED BONDS
A. Contractor shall furnish the following bonds:
1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price
in the form shown in Exhibit "1" attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the
total Contract price in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the
form shown in Exhibit "3" attached hereto.
13.02 POWER OF ATTORNEY
All bonds shall be accompanied by a power of attorney from the surety company authorizing the person
executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California,
all copies of the bonds must be countersigned by a California representative of the surety. The signature of the
person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the
person designated in the power of attorney.
13.03 APPROVED SURETY
All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company
Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by
a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of
the company. If the bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the person executing the bond
on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in
the power of attorney.
13.04 REQUIRED PROVISIONS
Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by
reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time,
alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way
affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of
the Contract Documents.
13.05 NEW OR ADDITIONAL SURETIES
If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non-
responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the
Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the
Contract may be suspended and the materials may be purchased or the Work completed as provided in Article
5 herein.
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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. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day.
B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent of the Assistant General Manager and is subject to Cost of Overtime Construction Inspection.
C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal
holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Memorial Day,
Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the
Assistant General Manager, and accordance with such regulations as he/she shall furnish in writing.
Before performing any Work at said times, except Work pertaining to the public safety, the Contractor
shall give written notice to the Assistant General Manager so that proper inspection may be provided.
“Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M.
of the next succeeding day.
14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will
be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular
8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined
by the City, and submitted to the Contractor for payment.
B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime
construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The
charges will be determined by the City, and submitted to the Contractor for payment.
C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Assistant
General Manager or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE LABOR CODE
A. Contractor shall comply with the provisions of the Labor Code of the State of California and any
amendments thereof.
1. The time of service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours during any one-calendar day, and 40 hours during any one-calendar week.
2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.
3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and each calendar week by each worker employed by
him/her in connection with the Work; the record shall be kept open at all reasonable hours to the
inspection of the City and to the Division of Labor Standards Enforcement of the State of California.
4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as
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a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract
by the Contractor or by any Subcontractor for each calendar day for which the employee was
underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount sufficient to cover
underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the
overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the
California Labor Code governs over this Paragraph 14.03(A)(4).
14.04 WAGE RATES
A. Prevailing Wages
1. Contractor shall comply with the general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed,
for each craft, classification, or type of worker needed to execute the Contract. The Assistant
General Manager of the Department of Industrial Relations of the State of California (pursuant
to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon
Act) have determined the general prevailing rates of wages in the locality in which the Work is
to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent
that there are any differences in the federal and state prevailing wage rates for similar
classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate.
2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.
3. The Contractor and any Subcontractor under him/her shall pay not less than the specified
prevailing rate of wages to all workers employed in the execution of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective
bargaining Contract applicable to the particular craft, classification, or type of worker employed on
the project.
5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereof for which such worker was
paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.
6. The specified wage rates are minimum rates only and the City will not consider and shall not be
liable for any claims for additional compensation made by the Contractor because of payment
by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to
the payment of wages in excess of those specified herein shall be adjusted by the Contractor at
his/her own expense.
B. Payroll Records
1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall
keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker or other employee employed in
connection with the Work. The payroll records shall be certified and shall be available for
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inspection.
2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in
location and address.
3. Upon request by the Assistant General Manager, the Contractor shall provide a copy of the certified
payroll records along with a statement of compliance.
14.05 APPRENTICESHIP STANDARDS
A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the journeyman
hours to be performed under the Contract, the number of apprentices to be employed, and
the approximate dates the apprentices will be employed. Use Form DAS-140 from the State
Department of Industrial Relations. The City reserves the right to require Contractor and
Subcontractors to submit a copy of said forms to the City.
2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice
work for every five (5) hours or labor performed by a journeyman. To request dispatch of
apprentices, use Form DAS-142 from the State Department of Industrial Relations. The
City reserves the right to require Contractor and Subcontractors to submit a copy of said
forms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are
registered, as defined in Labor Code Section 3077.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication for journeyman and apprentices. Contractors who choose not to contribute to
the local training trust fund must make their contributions to the California Apprenticeship
Council, P.O. Box 420603, San Francisco, CA 94142.
B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss
of the right to bid or perform work on all public works projects for a period of one to three years and
the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of
noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar
day of noncompliance for a second or subsequent violation. Contractor should make a separate
copy of this material for each of his/her Subcontractors.
C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman
apprentice, worker or other employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Project Manager every two weeks.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor
of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits,
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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.
14.06 EMPLOYMENT OF APPRENTICES
A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions concerning the employment of apprentices in the Labor Code of the State of California
and any amendments thereof.
B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions
of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for
noncompliance in the Labor Code of the State of California and any amendments thereof.
14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS
In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and
qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant
to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State
Department of Industrial Relations.
14.08 CHARACTER OF WORKERS
The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requiring special qualifications, and when required by the Assistant General Manager, the
Contractor shall discharge any person who commits trespass, or in the opinion of the Assistant General
Manager, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner.
Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the
Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages
against the City or any of its officers, agents, and employees.
14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a
"place of employment" under California Labor Code § 6404.5.
[END OF ARTICLE]
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ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A. By Contractor
Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Assistant
General Manager’s written response denying all or part of a Claim. Contractor shall submit a written
Statement of Dispute to the Assistant General Manager within seven (7) Days after the Assistant
General Manager rejects all or a portion of Contractor’s Claim. Contractor’s Statement of Dispute shall
be signed under penalty of perjury and shall state with specificity the events or circumstances giving
rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or
performance obligations of Contractor under the Construction Contract. Such Statement of Dispute
shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data
for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance
shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for
performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving
Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such
form and including such detailed information and other supporting data as required to demonstrate the
grounds for, and precise amount of, the Claim.
B. By City
City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the
City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of
Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of
their occurrence and the damages or other relief claimed by City as a result of such events.
C. Claims Defined
The term “claims” as used herein shall be as defined in California Public Contract Code § 20104(b)(2).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process.
A. Direct Negotiations
Designated representatives of City and Contractor shall meet as soon as possible (but not later than
ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiations by an authorized representative
with full knowledge of the details of the Claim or defenses being asserted by such party, and with full
authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City
Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the
assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
negotiations, with the same authority and knowledge as just described. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party
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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 Contractor and City, shall be deferred pending
Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that
the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does
not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work,
all Claims that have been deferred until such Final Completion shall be consolidated within a
reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims
Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the
parties’ rights to continue informal negotiations of Claims that have been deferred until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as altering the
provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after
Final Completion of the Work.
C. Legal Proceedings
If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or
determination of the Claim shall submit the Claim for determination by commencing legal proceedings
in a court of competent jurisdiction.
15.03 NO WAIVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense of either party, including, without limitation, any defense based on the assertion that the rights of
Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the
Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for
providing notices or for submission or supporting documentation of Claims.
[END OF ARTICLE]
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ARTICLE 16 - ACCOUNTING RECORDS
16.01 MAINTENANCE OF RECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and detailed books and records in accordance with the requirements of the
Contract Documents, including the following: all information, materials and data of every kind and character
(hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters,
rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars,
Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda;
accounting records; job cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance
rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor
or any Subcontractor (“Accounting Records”). Contractor shall exercise such controls as may be necessary
for proper financial management of the Work. Such accounting and control systems shall comply with
prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of
such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.
16.02 ACCESS TO RECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon
twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to
the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above.
16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING
Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation
upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the
Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment
to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the
total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied
with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16.04 SPECIFIC ENFORCEMENT BY CITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
[END OF ARTICLE]
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ARTICLE 17-MISCELLANEOUS PROVISIONS
17.01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Contractor shall give all notices required by governmental authorities and comply with all applicable
laws and lawful orders of governmental authorities, including but not limited to the provisions of the
California Code of Regulations applicable to contractors performing construction and all laws,
ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal
employment opportunities.
B. Taxes, Employee Benefits
Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract
Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business
license, use and similar taxes on materials, labor or other items furnished for the Work or portions
thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the
Contract Documents and all benefits, insurance, taxes and contributions for social security and
unemployment insurance which are measured by wages, salaries or other remuneration paid to
Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale
on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a
sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show
that is a political subdivision of the State for the purposes of such exemption and that the sale is for the
exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or
Contract Sum.
C. Notice of Violations
Contractor shall immediately notify the City and Assistant General Manager in writing of any instruction
received from the City, Assistant General Manager, Architect or other person or entity that, if
implemented, would cause a violation of any applicable law or lawful order of a governmental authority.
If Contractor fails to provide such notice, then Assistant General Manager shall be entitled to assume
that such instruction is in compliance with applicable laws and lawful orders of governmental authorities.
If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with
applicable laws or lawful orders of governmental authorities, or should Contractor become aware of
conditions not covered by the Contract Documents which will result in Work being at variance therewith,
Contractor shall promptly notify Assistant General Manager in writing. If, without such notice to
Assistant General Manager, Contractor or any Subcontractor performs any Work which it knew, or
through the exercise of reasonable care should have known, was contrary to lawful orders of
governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own
expense, at no cost to City and without adjustment to the Contract Sum.
17.02 OWNERSHIP OF DESIGN DOCUMENTS
A. Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all copies
thereof) and all designs and building designs depicted therein are and shall remain the sole and
exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto.
Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are
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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
Contractor shall keep on the Project site, at all times and for use by City, Assistant General Manager,
Inspectors of Record and City’s Consultants, a complete set of the Contract Documents that have been
approved by applicable Governmental Authorities.
C. Delivery to City
All Design Documents, Contract Documents and Submittals in the possession of Contractor or
Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the
Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right
to retain one (1) copy of the Contract Documents and Submittals for its permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with
Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving
the, City’s rights set forth in this Paragraph.
17.03 AMENDMENTS
The Contract Documents may be amended only by a written instrument duly executed by the parties or their
respective successors or assigns.
17.04 WAIVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other
provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter
to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of
dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any
interpretation of the Contract Documents without documenting such interpretation by an instrument in writing
signed by both parties, such interpretation and implementation thereof will not be binding in the event of any
future disputes.
17.05 INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed
as constituting any relationship with City other than that of Project owner and independent contractor. In no
event shall the relationship between City and Contractor be construed as creating any relationship whatsoever
between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed
to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole
authority and responsibility to employ, discharge and otherwise control its employees and has complete and
sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor
or any Subcontractor hires to perform or assist in performing the Work.
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17.06 SUCCESSORS AND ASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their
permitted successors, assigns and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documents, including
rights with respect to the Payment and Performance Bonds, to (a) any other governmental person
as permitted by governmental rules, provided that the successor or assignee has assumed all of
City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other
Person with the prior written approval of Contractor.
B. Contractor may collaterally assign its rights to receive payment under the Contract Documents.
Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly
otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its
Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for
the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from
responsibility.
Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and
to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be
subject to being used by City for completion of the Work, should Contractor be in default.
C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not,
without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign,
convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract
Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey,
transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the
prior written consent of City, in City’s sole discretion.
17.07 SURVIVAL
Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all
other provisions which by their inherent character should survive termination of the Contract and/or Final
Acceptance, shall survive the termination of the Contract and the Final Acceptance Date.
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary
hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage
pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty
and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The
duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third
parties shall remain as imposed by law. The Contract Documents shall not be construed to create a
contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor.
17.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City’s authorized representatives are acting solely as agents and representatives of City when carrying out
the provisions of or exercising the power or authority granted to them under the Contract. They shall not be
liable either personally or as employees of City for actions in their ordinary course of employment.
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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 Contractor or any person under
the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and
incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in
fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or
payment made in accordance therewith, City shall not be precluded or estopped from recovering from
Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or
to have complied with the Contract Documents.
17.11 GOVERNING LAW
The laws of the State of California govern the construction and interpretation of the Contract Documents,
without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference
to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor
legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract
Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise
appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge
that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in
the City of Vernon, California.
17.12 FURTHER ASSURANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder,
including assurances regarding assignments of Subcontractors contained herein.
17.13 SEVERABILITY
If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper
jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision,
section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of
the parties, including an equitable adjustment to the Contract Price to account for any change in the Work
resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision
maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide
the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part
shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and
enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph
or part.
17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part of the
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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.
[END OF ARTICLE]
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EXHIBIT 1
Bond No.:
Premium Amount: $ Bond’s Effective Date:
PERFORMANCE BOND
RECITALS:
1. The City of Vernon, California (“City”), has awarded to
(Name, address, and telephone of Contractor)
________________________________________________________________________________ (“Principal”),
a Contract (the “Contract”) for the Work described as follows:
Specification No. : in Vernon, CA.
2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)—
to furnish a bond guaranteeing Principal’s faithful performance of the Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and
made a part of it by this reference.
OBLIGATION: THEREFORE, for value received, We, Principal and
______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of
Dollars ($ ) (“the Bonded Sum”), this amount
comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
______________________________________________________________________________________________ (Name, address, and telephone) _________________________. Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within
the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise, this Bond remains in full
force and effect, and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal’s performance of each obligation and all obligations under the Contract and Contract
Documents, as they may be amended and supplemented— including, but not limited to, Principal’s liability for liquidated damages,
Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Documents— except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents, the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a)
remedy the default; (b) complete the Project according to the Contract Documents’ terms and conditions then in effect; or (c) using a procurement methodology approved by City, select a contractor or contractors— acceptable to City— to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available, as the Work progresses, sufficient funds
to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond— except that
Page 334 of 508
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
Interim General Manager of Public Utilities 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
Interim General Manager of Public Utilities 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 Contractor)
________________________________________________________________________________
(“Principal”),
a Contract (the “Contract”) for the Work described as follows:
Specification No. : in Vernon, CA.
2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)—
after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to
secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a
period of one (1) year from the date the City’s Notice of Completion and Acceptance of the Work is filed with the County
Recorder, to protect the City against the result of faulty material or workmanship during that time.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and
made a part of it by this reference.
OBLIGATION: THEREFORE, for value received, We, Principal and
______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of
Dollars ($ ) (“the Bonded Sum”), this amount
comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
______________________________________________________________________________________________ (Name, address, and telephone) Registered Agent’s California Department of Insurance License No. .
THE CONDITION OF THIS BOND’S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs,
executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a longer period) from the date the City’s Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder, ordinary wear and tear and
unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same, in an amount not
exceeding the sum specified in this Bond. 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available sufficient funds
to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond except that Surety’s total
obligation, as described here, will not exceed the Bonded Sum.
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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
Interim General Manager of Public Utilities 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
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its
Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following
requirements:
A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory
benefits as required by law.
1. Employer’s Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease;
(b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease;
and
(c) ONE MILLION DOLLARS ($1,000,000) policy limit.
B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as
additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding
coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other
insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion,
collapse, or underground property damage.
1. CGL insurance must not be written for less than the limits of liability specified as follows:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including
accidental death) to any one person;
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and
advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and
(d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit.
2. CGL insurance must include all major divisions of coverage and must cover:
(a) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”]
coverages as applicable);
(b) Independent Contractor’s Protective;
(c) Independent Contractors;
(d) Products and Completed Operations (maintain same limits as above until five (5)
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years after recordation of Notice of Completion)
(e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted);
(f) Contractual Liability (including specified provision for Contractor’s obligation under
Article 11 of the General Conditions); and
(g) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad
as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with
defense costs payable in addition to policy limits. There shall be no cross liability exclusion
and no contractor’s limitation endorsement. The policy shall have starting and ending dates
concurrent with the underlying coverages. The Named Insured may determine the layering
of primary and excess liability insurance provided that if such layering differs from that
described here, the actual coverage program meets the minimum total required limits and
complies with all other requirements listed here.
C. Business Automobile Liability Insurance
1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased,
hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this
requirement may be satisfied by a non-owned vehicle endorsement to the general and
umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall
not be less than the following:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including
accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or
(c) ONE MILLION DOLLARS ($1,000,000) combined single limit.
D. Contractors Pollution Liability Insurance (CPL) REQUIRED FOR THIS PROJECT
1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Contract Contractors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising out of the operations of the Contractor. Coverage shall be
included on behalf of the insured for covered claims arising out of the actions of independent
contractors. If the insured is using Subcontractors, the policy must include work performed
“by or on behalf” of the insured.
2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per
claim and in the aggregate. Coverage shall apply to bodily injury; property damage,
including loss of use of damaged property or of property that has not been physically inured;
cleanup costs; and costs of defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy
as “covered operations.” In addition, the policy shall provide coverage for the hauling of
waste from the Project site to the final disposal location, including non-owned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its
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officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
2.0 GENERAL REQUIREMENTS—ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance
company must meet all of the following requirements:
1. “Admitted” insurer by the State of California Department of Insurance or be listed on the
California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”);
2. Domiciled within, and organized under the laws of, a State of the United States; and
3. Carry an A.M. Best & Company minimum rating of “A:VII”.
B. Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to
City’s review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an
“occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as
additional insureds.
E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance.
City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy.
F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not
exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its
representatives, or both.
G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company’s limits of liability.
H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an
additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising
injury, or property damage.
I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy
J. At any time during the duration of this Contract, City may do any one or more of the following:
1. Review this Agreement’s insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s
assessment of any one or more of the following factors:
(a) City’s risk of liability or exposure arising out of, or in any way connected with, the
services of Contractor under this Agreement;
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(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way
connected with, the services of Contractor under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a
California corporate surety, guaranteeing payment to City for liability, or costs, or both,
that City incurs during City’s investigation, administration, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without interruption, from the Project’s
commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor
must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s
cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s
expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required
coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy
which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of
insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements,
renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content
acceptable to the City Attorney or City’s Risk Manager.
N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services,
operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the
following.
1. Meets, and fully complies with, this Agreement’s insurance requirements; and
2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s
insurance policy or policies for City’s review, or approval, or both. Failure of City to
request copies of such documents shall not impose any liability on City, or its employees.
O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material
breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or
invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the
premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or
reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe
Contractor.
3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Contractor delivers
this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or
City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all
insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and
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Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or
City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the
requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.
1. “Certificate of Insurance”
2. “Additional Insured Endorsement”
3. Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others”
Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon,
and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This
insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of,
and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who
is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30)
days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a
certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk
Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of,
and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If
Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the
State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of
Exemption from Labor Code §3700” form is required.
D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a
declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier
or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely
consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the
insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed,
maintained, repaired or supplied pursuant to this Contract.
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that
includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third
party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or
subcontractor.
H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require
the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms
to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program
to City.
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EXHIBIT 5
Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
CITY OF VERNON
Department of Public Works
Construction Stormwater Program
Permit Number: Date:
Applicant: Phone:
Project Address:
Property Owner:
Contractor:
Contractor’s Address:
The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water
Act that applies to the protection of receiving waters. Under permits from the Los Angeles
Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB
enforcement. To meet the standards of the Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles
County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001),
the City of Vernon has adopted minimum standards for stormwater runoff from development
construction activities.
These minimum standards require the implementation of an effective combination of erosion
and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss,
and the discharge of construction waste at each site. At a minimum, the construction activity
associated with the construction project identified above shall be conducted in such a manner
that:
Prevents illicit construction-related discharges of pollutants into the MS4 and receiving
waters.
Implements and maintains structural and non-structural BMPs to reduce pollutants in
stormwater runoff from construction sites.
Reduces construction site discharges of pollutants to the MS4 to the maximum extent
practicable.
Prevents construction site discharges to the MS4 from causing or contributing to a
violation of water quality standards.
Note: The Stormwater BMP Construction Handbook sheets developed by the California
Stormwater Quality Association shall be used as guidance in determining and implementing
required BMPs. The BMP sheets may be reviewed at the Department of 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
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
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Page 1 of 9
EXHIBIT B
SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT
ON-CALL WELL AND BOOSTER PUMP REPAIRS
GENERAL
B-1.01 Scope of Work – The Contractor shall furnish labor, materials, equipment, services,
specialized skills, and supervision to perform the well or booster pump repair at various locations
throughout the City of Vernon as requested by the City. Two (2) Contractors may be selected
for this Contract, a Primary and Secondary Contractor. The Contractor shall perform such
work in a thorough and professional manner. Work will be performed in accordance with this
Specification on an as-needed basis.
The Contractor shall provide as-needed on-call services and repairs of City owned well and booster
pumps, as further described in the special provisions, and other related equipment by truly trained
and qualified personnel.
The Contractor shall secure the well or booster pump site at all times throughout the duration of
the individual work item. The Contractor is also responsible for the proper discharge of water into
the appropriate drainage system in a manner that complies with NPDES regulations and permits.
The Contractor shall respond to individual calls for service within one working day. The work will
then be scheduled by mutual agreement and shall be completed within the time agreed upon for
each specific item of work. If, for any reason, the primary Contractor fails to respond to the
City and/or cannot complete the individual work item in a timely manner, as determined by
the City on a case-by-case basis, the City may contact the secondary Contractor and
negotiate the work in accordance with the needs of the City. Multiple failures to promptly
respond to or complete the work in a timely manner may give cause for early termination of the
agreement.
If so provided, the work shall be performed in accordance with the plans, drawings or instructions
provided by the City for each project or work assignment. All work shall be quality work,
performed according to industry standards; “Greenbook” Standard Specifications for Public
Works Construction (current edition); The Standard Plans for Public Works Construction (current
edition); State of California, Department of Transportation Standard Plans and Standard
Specifications (current edition); the California State Water Resources Control Board (SWRCB),
the American Water Works Association (AWWA) Standards, the National Electrical
Manufacturers Association (NEMA) Standards, the City of Vernon Standard Plans, and to the
complete satisfaction of the City. All parts used for repair and in reassembly of equipment shall be
the manufacturer’s authorized parts or specifically approved by the City prior to installation.
B-1.02 Contract Plans – The water system schematic diagram for City of Vernon is shown on
Attachment “A”. General information and brief description for each of the active wells and three
booster plants for this project are shown on Attachment “B”.
B-1.03 Specifications – The Work for this project shall be done in accordance with
“GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
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(current Edition), State of California Department of Transportation (Caltrans) Standard Plans
(current Edition) and the State of California Department of Transportation (Caltrans) Standard
Specifications (current Edition), the California State Water Resources Control Board (SWRCB),
the American Water Works Association (AWWA) Standards, the National Electrical
Manufacturers Association (NEMA) Standards, and the City of Vernon Standard Plans.
The Standard Specifications for Public Works Construction (current Edition) shall be referred to
hereafter as the “Standard Specifications”. The Caltrans Standard Plans (current Edition) shall be
referred to hereafter as the “Standard Plans”. The California Manual on Uniform Traffic Control
Devices (current Edition) shall be referred hereafter as the “CA MUTCD”.
B-1.04 Length of Contract – The initial term of the contract to be awarded pursuant to this
solicitation for bids will cover one (1) fiscal year, commencing on or about July 1, 2019 and
expiring on the last day of June 2020 (The “Expiration Date”); provided, however, that the City
will have the right to extend the term of the contract for the following extensions and upon the
following terms:
Extension (the “First Extension Term”) commencing on or about July 1, 2020 and
terminating on June 30, 2020;
Extension (the “Second Extension Term”) commencing on or about July 1, 2021 and
terminating on June 30, 2022;
The City shall give written notice to the Contractor of the City’s intention to exercise each
Extension, if at all, no later than thirty (30) days prior to the end of the Expiration Date or the then
expiring Extension
B-1.05 Delays and Extensions of Time – The provisions of Section 6-6 entitled "Delays and
Extensions of Time" of the Standard Specifications shall apply except as modified and
supplemented below.
The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be
inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to obtain
materials, equipment and labor, except as authorized by the City Engineer. The length of contract
time stipulated includes any time which may be required to obtain materials, equipment and labor,
and the Contractor in submitting a bid shall be deemed to have ascertained the availability of
materials, equipment and labor and considered same in his proposed construction schedule.
B-1.06 Quality of Work – The provisions of Section 4-1.1 entitled "Materials and Workmanship"
of the Standard Specifications (2018) shall apply. In addition, any work deemed unacceptable by
the City Representative, whether a cause is determined or not shall be repaired or replaced by the
Contractor at his expense.
B-l.07 Liquidated Damages – As stated in Section 3.07 in Exhibit A – General Conditions,
the Contractor shall pay the sum of $500 for each day with respect to Contractor’s failure to
achieve Substantial Completion of the Work within the Contract Time.
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Page 3 of 9
B-1.08 Unit Prices - All costs not covered by specific unit prices but required for a complete job
in place, shall be included in the items most related to the work.
B-2.01 Scheduling of Work – The Contractor shall submit his Baseline Project Schedule for the
as-needed Work assignment to the City Representative prior to the commencement of any work.
This Baseline Project Schedule must be reviewed and approved by the City Representative before
the Contractor will be permitted to begin work. The Contractor shall give 48 hours’ notice to the
City Representative prior to the start of the work.
B-2.02 Working Days – All scheduled Work assignments shall occur Monday thru Thursday
between the hours of 7am-3:30pm, unless otherwise agreed upon with the City.
B-3.01 Traffic Requirements - General – Before any partial or total closure of any street, the
Contractor shall be required to obtain the approval of the City Engineer.
The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe
and continuous passage for pedestrian and vehicular traffic at all times, unless previously approved
by the City Engineer. The contractor shall provide and maintain all necessary flagmen, barricades,
delineators, signs, flashers and any other safety equipment as set forth in the latest publication of
the State of California, Division of Highways, Traffic Manual or as required by the City Engineer
to insure safe passage of traffic.
In addition to the requirements of the "MUTCD" handbook, the City Engineer may require flatter
traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure
driver awareness and safety in the construction area. Further, the Contractor shall provide Type II
or Type III barricades and delineators at locations as determined by the City Engineer.
The Contractor shall maintain continuous access to all businesses within the project limits. Any
closed access or drive approach shall be immediately restored when the construction operation that
necessitated such closure is completed. The following is a partial list of factors required to comply
with this access requirement:
a. Where a business or residence has more than one two-way drive, continuous access to at least
one two-way drive shall be maintained at all times.
b. In addition to the above, the Contractor shall be required to place trench plates over the
excavated areas to allow temporary access to businesses when necessary.
B-3.02 Traffic Requirements – Specific for this Project – In addition to the general specific
requirements of Section B-3.01 of these Specifications, the following provisions shall apply unless
otherwise directed by the City Engineer.
a. Except for emergency work, the Contractor shall submit detour plans to the City Engineer for
approval at least (10) ten calendar days prior to any proposed shutdowns where traffic flow has to
be diverted. This will not apply for emergency responses.
The posting of "NO PARKING" signs within the construction limits is permitted with the approval
of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning.
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Page 4 of 9
These signs shall be furnished and maintained by the Contractor and shall be of the type approved
by the City Engineer. Each sign posted shall have the date and time indicating the duration of the
"NO PARKING" prohibition printed clearly in a manner acceptable to the City Engineer. New
signs shall be posted when changes occur in the parking prohibitions indicated on the previously
posted signs.
Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall
not be attached to trees or taped to street light or traffic signal poles. The signs shall be effective
for no more than three (3) calendar days and shall be removed within 24 hours after the work is
complete. All signs, lights and other warning devices used shall be in accordance with State of
California Business and Transportation City Department of Public Works Manual of Warning
Signs, Lights and Devices for Use in Performance of Work on Highways. Contractor’s costs for
all the above signs shall be considered as included in the appropriate items and no extra
compensation will be paid.
B-4.01 Extra Work – In the event the City and the Contractor are unable to negotiate an agreed
price for extra work, which is acceptable to both parties, payment shall be made based on time and
materials as follows:
a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and
shall constitute the markup for all overhead and profits:
1. Labor 20%
2. Materials 15%
3. Equipment Rental 15%
4. Other Items and Expenditures 15%
b. Work by the Subcontractor - When all or any part of the extra work is performed by a
subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless
of the number of tiers of subcontractors used. In addition, a markup of 10-percent on the first
$5,000 of extra work and 5-percent on work in excess of $5,000 may be added by the Contractor.
B-4.02 Compliance with Laws. Regulations and Safe Practices – The Contractor shall perform all
work in a safe, competent manner and in accordance with all federal, state, and local statues,
regulations, ordinances, rules, and governmental orders. The Contractor will be solely and
completely responsible for the conditions of the job site, including safety of all persons and
property during performance of the work. This requirement will apply continuously and not be
limited to normal working hours. Inspection of the Contractor's performance by the City, its agents,
or employees is not intended to include review of the adequacy of the Contractor's safety measures
in or near the job site.
B-5.01 Construction Order of Work – Work shall be scheduled so as to lessen the impact upon
businesses.
Requirements – General:
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1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard
Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and
continuous manner. As such, once construction is started in a work area, the Contractor will be
required to work continuously in that work area until construction has been completed and the
work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by
the City Engineer before the next stage of work will be allowed to begin.
2. Once construction is started in a work area, the Contractor shall not withdraw manpower or
equipment from that work area in order to start construction in another work area if doing so, in
the opinion of the City Engineer, delays the completion of the work presently under construction.
3. The Contractor shall maintain continuous access to all residents and businesses within the
project limits, including drive approaches, unless the Contractor has obtained the approval of the
City Engineer to close either such access or drive approach.
4. No stockpiling of material and construction equipment on public streets or sidewalks will be
permitted on this project unless approved by the City Engineer. Material and equipment placed on
public streets, sidewalks and on the construction areas shall be used the same day.
B-6.01 Character of Workers – If any subcontractor or person employed by the Contractor shall
appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or
otherwise objectionable manner, he shall be immediately discharge from the project on the
requisition of the City Engineer, and such person shall not be reemployed on the work. If said
individual has an ownership interest in the contracting entity, the City Engineer will serve written
notice upon the Contractor and the Surety providing the faithful performance bond, in accordance
with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete
and satisfactory compliance with the Contract.
B-7.01 Examination of the Site – The Contractor is required to examine the site and judge for
themselves the location, physical conditions, substructures, and surroundings of the proposed
work.
B-7.02 Mobilization – The cost of all preparatory work and operations for the multiple movements
of personnel, equipment, supplies, and incidentals to the project site must be included in the various
bid items, and no extra compensation will be paid to the Contractor.
B-7.03 Dust Control – Throughout all phases of construction, including suspension of work, and
until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping
and sprinkling water, or other means as necessary when requested by the City. Failure of the
Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend
work until the condition is corrected. No additional compensation nor extension of contract
completion time will be allowed as a result of such suspension. The cost of furnishing and
operating dust control during the construction project must be included in the various bid items,
and no extra compensation will be paid to the Contractor.
B-7.04 Temporary Water Meter – If necessary, the Contractor shall obtain a temporary water meter
from the City of Vernon Water Department by placing a deposit of $1000.00, which is inclusive
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of a $200 installation fee. Contractor shall pay for all water used. Contractor shall not relocate the
service. The Contractor shall call the City of Vernon Water Department to relocate the service and
will be charged $50.00 for each relocation.
B-7.05 Cleaning of Site During Construction – During construction, all existing improvements
adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The
Contractor will be responsible for such cleaning.
B-7.06 Final Cleaning of Site and Restoration – The Contractor shall be responsible for cleaning
and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter,
and private property at no cost to the City.
The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The
cost of furnishing and operating such sweeping after the construction of the project must be
included in the various bid items, and no extra compensation will be paid to the Contractor.
B-8.01 Best Management Practices (BMP’s) – The Contractor shall submit a copy of their Best
Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning
of any work.
The Contractor is hereby notified that specific construction practices in the Standard
Specifications, Section 7-8.6.2, “Best Management Practices (BMPs)” are considered to be Best
Management Practices. The Contractor shall implement and maintain such BMP’s as are relevant
to the work, and as are specifically required by the Plans or Special Provisions. The Contractor
shall not commence activity until the BMP submittal has been reviewed and approved.
B-9.01 Protection of the Public – The Contractor shall take such steps and precautions as his/her
operations warrant to protect the public from danger, loss of life, loss of property or interruption
of public services. Unforeseen conditions may arise which will require that immediate provisions
be made to protect the public from danger or loss, or damage to life and property, due directly or
indirectly to prosecution of work under this contract. Whenever, in the opinion of the City
Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public
safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer
will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the
situation within a reasonable time period as determined by the City Engineer, or in the event of an
emergency situation, the City Engineer may provide suitable protection by causing such work to
be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable
and necessary.
The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall
be borne by the Contractor. All expenses incurred by the City for emergency repairs will be
deducted from the final payment due to the Contractor.
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WELL AND BOOSTER PUMP REPAIR
B-10.01 Notification- The City representative will contact the contractor regarding any as-needed
repair. The Contractor shall respond to individual calls for service within one working day. The
work assignment will then be scheduled by mutual agreement and be completed within the time
agreed upon as outlined in the approved Baseline Project Schedule for each specific item of work.
If, for any reason, the primary Contractor fails to respond to the City and/or cannot complete
the individual work item in a timely manner, as determined by the City on a case-by-case
basis, the City will contact the secondary Contractor to perform the individual work item.
B-10.02 Pull and Inspect Equipment – The Contractor shall furnish all material, labor, equipment,
and supervision to pull and inspect the well or booster pump equipment. The Contractor shall
disassemble equipment into basic components, steam clean, digitally photograph, and prepare the
components for inspection by the City. Pulled equipment shall be stored and protected at the
Contractor’s facility. The City or any of its vendors/consultants shall be granted access to storage
site as necessary. Mobilization, demobilization and all other Contractor’s costs for the above-
mentioned work shall be included in the most appropriate bid item and no extra compensation will
be paid to the Contractor therefor.
B-10.03 Install and Perform Equipment Start Up – The Contractor shall furnish all material, labor,
equipment, and supervision to install and perform equipment startup of the well or booster pump
equipment. The Contractor shall re-assemble equipment. The Contractor shall prepare and submit
a detailed summary to include as-built CADD drawings of pump equipment, pump curve, shaft
stretch and thrust bearing calculations, and field labor to check rotation and test pump operation.
Mobilization, demobilization and all other Contractor’s costs for the abovementioned work shall
be included in the most appropriate bid item and no extra compensation will be paid to the
Contractor therefor.
B-10.04 Additional Services – The Contractor shall furnish all material, labor, equipment, and
supervision to perform any additional service described below. All services shall be done in
accordance with industry standards. Care should be taken to ensure well components are not
damaged by the operations. If not explicitly stated, the Contractor shall determine the level and
extent of each operation and provide the City with a detailed work plan. The City will review and
approve the work plan prior to the start of the work. Deposits removed from casing and screen
maintenance operations shall be properly removed from the well. The Contractor is responsible
for the proper disposal of extracted water and removed deposits.
a. NPDES Compliance – The Contractor shall provide NPDES compliance as required
for the following: pH/TSS/C12 Test Equipment, flow meters. Service shall include
two above ground storage tanks, 100' of piping and appurtenances for discharge of well
water.
b. Side Scan Video Survey – The Contractor shall provide a video log survey of the
selected well. Work shall include two electronic copies of the survey and a color report
with screen captures.
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c. Locking device at Wellhead – The Contractor shall provide an appropriate locking
device to secure the well when pump equipment is uninstalled.
d. Temporary Test Pumping – The Contractor shall perform test pumping for a well and
produce the appropriate documents and reports.
e. Testing Engines - The Contractor shall provide the required testing engine(s) to
perform appropriate test pumps for the well.
f. Surging – The Contractor shall provide an appropriately sized surge block used to
agitate the well water.
g. High Velocity Jetting – The Contractor shall provide an appropriately sized jetting tool.
Pressurized water is pumped through the tool and into the well screen or casing to
remove deposits.
h. Explosive Charges – The Contractor shall use the specified charge to create a
percussive wave for removal of mineral incrustations.
i. CO2 Injection – The Contractor shall use down hole tools that suddenly release
nitrogen or air to create a percussive wave for removal of mineral incrustations.
j. Dual Swab Airlifting – The Contractor shall perform the well rehabilitation repair
service in accordance to industry standards. Well diameters range from 12” to 18”.
k. Wire Brush – The Contractor shall perform this pre-treatment to remove mineral
deposits and corrosion byproducts inside the well.
l. Chemical or Acid Treatment – The Contractor shall use the appropriate blend of
chemicals based of the cause of the problem, well construction details, and type of
formation to effectively remove deposits, with adequate agitation and penetration into
the surrounding formation.
Mobilization, demobilization and all other Contractor’s costs for the work shall be included in the
most appropriate bid item and no extra compensation will be paid to the Contractor therefor.
B-10.05 Extraordinary Work - The City may request additional work in relation to well and booster
motor pump repair not specifically listed on the Schedule of Bid Prices. This work shall be paid
on a time and material basis based on the rates provided on the Schedule of Bid Prices. Upon an
extraordinary repair service request, the Contractor shall provide the City with a detailed cost
estimate which shall include estimated labor and equipment hours. The Contractor must receive
written authorization from the City Representative to begin any work assignments.
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B-10.06- Method of Payment - Upon receipt of an itemized invoice within thirty (30) days of
completion of the work, City shall compensate Contractor for such as-needed repairs based on the
bid items on the Schedule of Bid Prices.
For extraordinary work, the City shall compensate the Contractor for such repairs as follows:
a. Materials- The City shall pay the Contractor for materials used in work assignments not
explicitly mentioned per the bid items on the Schedule of Bid Prices plus the percentage markup
specified in this agreement NOT TO EXCEED 15%. All materials and parts shall be new or
have the approval of the City representative if otherwise. The City has the right to inspect the
Contractor's records to verify any material costs used in work assignments not explicitly
mentioned.
b. Labor- After any work assignment is completed, the Contractor shall present with their invoice
a record of hours spent on the repair. City shall pay the Contractor based on the bid items on the
Schedule of Bid Prices for such hours of extraordinary repairs at the rates specified in this
agreement. Said hourly rates shall be the total cost to the City. Rates shall include all compensation
for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of
workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave
or any local, State, Federal or union tax or assessment.
c. Equipment- The City shall pay Contractor for equipment used in extraordinary repairs on a per
hour basis as specified in this agreement. The listing of per hour equipment rates shall constitute
total rates to be paid by City when specified equipment is used. No additional payments of any
kind shall be paid for equipment except as specified in this agreement of per hour rates as stated.
No additional compensation shall be paid for transporting the equipment to or from the job site.
GENERAL MISCELLANEOUS
RECORDS
The contractor shall maintain a record of all service calls and work performed; records shall
include dates, hour of day and description of service work performed. A copy of such record shall
be maintained at all times and provided to the City Representative upon request.
COMPENSATION FOR REPAIRS
The City will compensate Contractor at the agreed price per unit for “Pull and Inspect Equipment”
and “Install and Perform Equipment Start Up”. Said compensation shall include all services
rendered, labor, materials, equipment, overhead and profit. Delays due to Contractor are subject
to liquidated damages as specified in the specifications (Section B-1.07).
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EXHIBIT C
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 D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each
subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are treated equally and are not discriminated against because of their race, religious creed, color, national
origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated
facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or
on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this
Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding
authority, provide copies of all of its records pertaining or relating to its employment practices, except to the
extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.
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NOTICE INVITING BIDS
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NOTICE INVITING BIDS
for
ON-CALL WELL AND BOOSTER PUMP REPAIRS
AT VARIOUS LOCATIONS
in the
City of Vernon, California
Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of
sealed bids must be received prior to 3:00 p.m., May 9, 2019, by the City Clerk, City of Vernon,
4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”).
All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the
bid and the bidder’s name address appearing on the outside.
Bids should be mailed or delivered in person before 3:00 p.m. on the Bid Deadline. LATE
SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s
Office before that time. At the bid opening, the City Clerk shall open bid packages and
acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid
Forms will be made available for public review.
The bids shall be clearly titled. Copies of the Bid Documents and Specifications are available at
no charge at: www.cityofvernon.org/planetbids
It is the responsibility of all prospective bidders to register on the City’s planet bids website to
ensure receipt of any addendum(a) prior to bid submittals. Additionally, information on any
addendum(a) issued for any bid specifications for any project will be available on the City’s
planet bids website at: www.cityofvernon.org/planetbids The City reserves the right to reject as
nonresponsive any bid that fails to include the information required by any addendum(a) posted
on the City’s planet bid website.
Pre-Bid Meeting:
A pre-bid meeting to answer any questions regarding the project specifications is scheduled for
April 29, 2019 at 9:00 a.m. in the Public Utilities Department Conference Room 4, 4305 Santa
Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project
specifications.
Attendance is NOT mandatory.
City of Vernon Contact Person: Department of Public Utilities
Attention: Mark Aumentado
Phone: (323) 583-8811 ext. 309
Email: maumentado@ci.vernon.ca.us
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Attention: Joanna Moreno
Phone: (323) 583-8811 ext. 888
Email: jmoreno@ci.vernon.ca.us
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for
qualification.
General Scope of Work:
The Contractor shall furnish labor, materials, equipment, services, specialized skills, and
supervision to perform the well or booster pump repair at various locations throughout the City of
Vernon as requested by the City. Two (2) Contractors may be selected for this Contract, a
Primary and Secondary Contractor. The Contractor shall perform such work in a thorough and
professional manner. Work will be performed in accordance with this Specification on an as-
needed basis.
The Contractor shall provide as-needed on-call services and repairs of City owned well and booster
pumps, as further described in the special provisions, and other related equipment by truly trained
and qualified personnel.
The Contractor shall secure the well or booster pump site at all times throughout the duration of
the individual work item. The Contracotr is also responsible for the proper discharge of water into
the approporaite drainage system in a manner that complies with NPDES regulations and permits.
The Contractor shall respond to individual calls for service within one working day. The work will
then be scheduled by mutual agreement and shall be completed within the time agreed upon for
each specific item of work. If, for any reason, the primary Contractor fails to respond to the
City and/or cannot complete the individual work item in a timely manner, as determined by
the City on a case-by-case basis, the City may contact the secondary Contractor and
negotiate the work in accordance with the needs of the City. Multiple failures to promptly
respond to or complete the work in a timely manner may give cause for early termination of the
agreement.
If so provided, the work shall be performed in accordance with the plans, drawings or instructions
provided by the City for each project or work assignment. All work shall be quality work,
performed according to industry standards; “Greenbook” Standard Specifications for Public
Works Construction (current edition); The Standard Plans for Public Works Construction (current
edition); State of California, Department of Transportation Standard Plans and Standard
Specificaitons (current edition); the California State Water Resources Control Board (SWRCB),
the American Water Works Association (AWWA) Standards, the National Electrical
Manufacturers Association (NEMA) Standards, the City of Vernon Standard Plans, and to the
complete satisfaction of the City. All parts used for repair and in reassembly of equipment shall be
the manufacturer’s authorized parts or specifically approved by the City prior to installation.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the
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essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each
Bid must establish that:
Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California;
each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline
and with a dollar value in excess of the Bid submitted for this Project.
The bidder must have a current California Contractor Class “A” license and/or a California C-57
license. All required and applicable licenses and certifications must be included with the bid.
Subcontractors listed for the well and booster pump repair Work must satisfy the mandatory
qualifications described in the Specialty Contractors’ Statements of Qualifications applicable to
the Work to be performed by each Subcontractor and Bidder must submit the completed forms
with the Bid.
Other Bidding Information:
1. Contract Time: The term of the contract shall run through June 30, 2020 with an option to
extend the contract up to two (2) additional one-year terms, at the City’s sole discretion,
for a total possible life of three (3) terms ending June 30, 2022. A Baseline Project Schedule
must be submitted for every work assignment and approved by the City.
2. Amount of Liquidated Damages: $ 500 per calendar day
3. Required Construction Staging: As needed based on work assignment
4. Bidding Documents. Bids must be made on the Proposal Form contained herein.
5. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to
award all or any individual part/item of the bid, and to waive any informalities, irregularities or
technical defects in such bids and determine the lowest responsible bidder, whichever may be in
the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic
bids be accepted by the City.
6. Contractor’s License. At the time of the Bid Deadline and at all times during performance
of the Work, including full completion of all corrective work during the Correction Period,
Contractor must possess a California contractor’s license or licenses, current and active, of the
classification required for the Work, in accordance with the provisions of Chapter 9, Division 3,
Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract
Code Section 3300, the City has determined that the Bidder must possess the following license(s):
Class “A”, General Engineering and/or Class C-57, Well Drilling ; from the California Contractors
State License Board (CSLB). The Bidder will not receive a Contract award if at the time of
submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or
more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline
that Contractor is unlicensed, does not have all of the required licenses, or one or more of the
licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid
Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in
the Contract Documents in addition to those provided by law.
7. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the
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Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and
the Bidder must provide all of the Subcontractor information that Section 4104 requires (name,
address, license number, and portion of the Work). An inadvertent error in the license number will
not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition,
the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The
City reserves the right to review and disqualify any proposed Subcontractor. The City’s
disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a
condition to award of the Contract, the successful Bidder shall substitute a properly licensed and
qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid
Deadline and at all times during performance of the Work, each listed Subcontractor’s license must
be current and active for the portion of the Work listed and shall hold all specialty certifications
required for such Work.
8. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar
Authorizations. The City has applied and paid for the following Governmental Approvals and
Utility Fees): Building Permit, Trash/Electrical Transformer Enclosure Permit, Mechanical
Permit, Electrical Permit, Plumbing Permit, Fire Sprinkler Water Line Fee (Contractor must
submit shop drawings for permit to issue), Sewer Facility Fees.
9. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the
Department of Public Utilities. Each Bid shall be accompanied by a cashier’s check or certified
check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent
(10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid
Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may
accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within
fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract
with the City for said Work in accordance with the Contract Documents.
10. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the
Bid Deadline.
11. Substitution of Securities. Pursuant to California Public Contract Code Section 22300,
substitution of securities for withheld funds is permitted in accordance therewith.
12. Prevailing Wages. This Project is a “public work” as defined in California Labor Code
Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of
worker needed to perform the Work. The Director of Industrial Relations of the State of California,
pursuant to the California Labor Code, and the rates determined by the California Director of
Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.
13. 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).
14. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor
may be listed on a bid proposal for a public works project unless currently registered and qualified
(including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public
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works project unless currently registered and qualified (including payment of any required fee)
with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance
monitoring and enforcement by the DIR.
Carlos Fandino
City Administrator
Dated: ___________ (Approved as to form by City Attorney)
Published: _______
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INSTRUCTION TO BIDDERS
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City of Vernon
Instructions for Bidders
Project: On-Call Well and Booster Pump Repairs
at Various Locations
for the Department of Public Utilities
City personnel with whom prospective bidders will deal with are:
Mark Aumentado, Assistant Civil Engineer, Department of Public Utilities, 4305 Santa Fe
Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 309.
Joanna Moreno, Assistant Civil Engineer, Department of Public Utilities, 4305 Santa Fe Avenue,
Vernon, CA 90058 (323) 583-8811 Ext. 888.
Bid opening date and time: May 9, 2019 at 3:00 p.m. (“Bid Deadline”)
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon,
CA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid received
by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be
considered.
GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must
be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open
and valid for ninety (90) calendar days after the Bid Deadline.
1. CONTRACTORS LICENSE
The Bidder must possess a valid State of California Contractors License and must list type
in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline
and at all times during the performance of the Work, except as otherwise provided in
California Business and Professions Code Section 7028.15.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of
any part of the Bidding Documents, or who finds discrepancies, errors or omissions
therein or who finds variances in any of the Bidding Documents with applicable
law, such Bidder shall at once submit a written request for an interpretation or
correction thereof to the City’s representative identified in the Notice Inviting Bids,
or other designated individual. All Bidders shall submit such written requests to
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City not less than ten (10) calendar days prior to the Bid Deadline. The person or
entity submitting the request shall be responsible for its prompt delivery to City’s
Contact Person identified in the Notice Inviting Bids.
Any interpretation or correction will be made only by Addendum issued by the City
and a copy of such Addendum will be delivered to all Interested Bidders of record.
Any Addenda so issued must be acknowledged in the Bid and the cost of
performing Work described in the Addenda shall be included in the Bid. Bidder’s
failure to acknowledge receipt of all Addenda may result in rejection of the Bid as
nonresponsive. No person is authorized to render an oral interpretation or
correction of any Bidding Documents and no Bidder may rely on any such oral
interpretation or correction issued by the City. The City shall not be responsible
for any other explanation or interpretation of the Drawings or Specifications, or for
any oral instructions. City reserves the right to extend the Bid Deadline by issuing
an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.
Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall
not assume responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
B. Copies of Addenda will be made available for inspection wherever Bidding
Documents are on file for that purpose. Each Bidder shall ascertain prior to
submitting a Bid that the Bidder has received all Addenda issued and the Bidder
shall acknowledge their receipt in the Bid.
3. OBTAINING DRAWINGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the
Notice Inviting Bids. City will maintain a list of persons who obtained a copy of
these Specifications (“Interested Bidders”). Only Interested Bidders will receive
Addenda, if so issued.
4. BID FORMS – SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces properly
filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items
mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions
attached to a Bid will render it informal and may cause its rejection. All forms
requiring specific information shall be completed with all applicable information
for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose
the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for"
followed by the title and Specification Number and the date and time of the Bid
Deadline, and the Bidder's name and address. The envelope may be mailed, hand
delivered, or delivered by courier or package delivery service.
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D. One Original Bid and two copies shall be hand delivered, delivered by courier or
package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue,
Vernon, CA 90058.
E. Bids received after the Bid Deadline or at any place other than the Office of the
City Clerk will not be considered.
5. BID FORMS – AUTHORIZED SIGNATURES
A. The full name, business address, zip code, and business telephone number, with
area code of the individual, partnership, joint venture, or corporation submitting the
Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign
the form with his/her usual wet ink signature.
B. Sole Proprietorship: An individual shall sign.
C. Partnership (General or Limited): A partner shall sign for a partnership; the
partner shall give the names and addresses of all partners.
D. Corporation: An officer shall sign for a corporation. The corporate name must be
attested by the corporate seal. The names and titles of the president and all officers
of the corporation who are authorized to sign the Bid Forms must be listed in an
authenticated Incumbency Certificate signed by the corporate secretary. A
signature other than a corporate officer’s will be accepted only if an authenticated
Incumbency Certificate is attached.
E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D,
based on their applicable situation.
6. BID FORMS – SCHEDULE OF BID PRICES
A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that
may be necessary to complete the project in accordance with the requirements of
the Contract. The cost of all mobilization, preparatory work and operations for the
multiple movements of personnel, equipment, supplies, and incidentals to the
various project sites must be included in the various bid items, and no extra
compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly
legible figures, the Base Bid, the alternates, and the unit price and item total or lump
sum, as the case may be, for which he/she proposes to supply labor, materials, and
equipment and to perform the Work. Bids must not contain any erasures,
interlineations, strike-throughs or other corrections unless the same are suitably
authenticated by affixing in the margin immediately opposite such erasure or
correction the initials of the person(s) signing the Bid. If any Bid, or portion
thereof, is determined by the City to be illegible, ambiguous or inconsistent, City
may reject such a Bid as being non-responsive.
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C. In the case of a unit price item, the amount set forth, as the item total shall be the
product of the estimated quantity times the unit price Bid. In the event of a
discrepancy between the unit price Bid and the item total, the unit price shall
prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for
any cause, or is omitted, or is the same amount as the entry for the item total, then
the item total shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price. Where so indicated by the
makeup of the Bid Form, sums shall be expressed in both words and figures, and
in case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for
more information and the list of Bid Alternates, if any. If no change in the Base
Bid is required, enter “No Change.”
7. BID SECURITY
A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check,
drawn on a responsible bank doing business in the United States payable to the
City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a
principal and a California admitted surety company (as defined by California Code
of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”).
B. All bonds must be issued by a California admitted surety insurer with the minimum
A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued
by a California admitted surety not listed on Treasury Circular 570 will be deemed
accepted unless specifically rejected by the City. Bonds issued from admitted
surety insurers not listed in Treasury Circular 570 must be accompanied by all
documents enumerated in California Code of Civil Procedure Section 995.660. All
such bonds must be accompanied by a power of attorney from the surety company
authorizing the person executing the bond to sign on behalf of the company. If the
bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the
person executing the bond on behalf of Surety must be acknowledged by a Notary
Public as the signature of the person designated in the power of attorney.
C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid
submitted without Bid Security will be rejected as non-responsive. The Bid
Security shall be given as a guarantee that the successful Bidder will execute the
Contract and will provide the insurance, bonds and other required forms within
fourteen (14) calendar days after award of the Contract. Bidders will be entitled to
return of Bid Security except when a successful Bidder forfeits its Bid Security. A
forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to
the expiration of ninety (90) calendar days after award of the Contract; attempts to
withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are
not met; or refuses or fails to execute the Contract and provide the required bonds,
insurance or certificates within fourteen (14) calendar days after award of the
Contract. In any one or more of these events, if City awards the Contract for the
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Work to the next lowest responsible Bidder, the amount of the original lowest
Bidder’s security shall be applied to the Contract Price differential between the
lowest Bid and the second lowest Bid. Any surplus will be returned to the original
lowest Bidder. If the City rejects all other Bids presented and re-advertises, the
lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising
and receiving new Bids. In that case, the surplus if any, will be returned to the
original lowest Bidder.
D. The Bid Security shall be held for ninety (90) calendar days after the award of the
Contract or until posting by the successful Bidder of the payment and performance
bonds, proof of insurance, return of executed copies of the Contract and necessary
certification(s), whichever first occurs, after which time the Bid Security will be
returned to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond"
contained in the Bidding Documents, which Bid Bond shall be properly executed
and acknowledged by the Bidder and by a corporate surety authorized to transact
such business in the State of California.
F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof,
as herein required, will render it informal and may, at the option of the City, result
in the rejection of the Bid under which the Bid Bond is submitted.
8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the
form entitled "Bidder's Statement of Qualifications." In addition, if the Bidder
intends to self-perform the well and booster pump repair Work, Bidder shall satisfy
the mandatory qualifications described in the Specialty Contractors’ Statements of
Qualifications applicable to such Work and submit the completed forms with the
Bid. Subcontractors listed for the well and booster pump repair Work must satisfy
the mandatory qualifications described in the Specialty Contractor or Subcontractor
Statement of Qualifications applicable to the Work to be performed by each
Subcontractor and Bidder must submit the completed forms with the Bid.
Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of
Qualifications and the Specialty Contractor or Subcontractor Statement of
Qualifications shall not be public records. All information required by a Bidder’s
or Specialty Contractor Statement of Qualifications shall be completely and fully
provided. If no information is to be filled in a blank space, then write "none." Any
Bid not accompanied by a Bidder’s Statement of Qualifications and Specialty
Contractor or Subcontractor Statement of Qualifications form completed with all
information required may render the Bid non-responsive. If the City determines
that any information provided by a Bidder in the Bidder’s or Specialty Contractors’
Statement of Qualifications is false or misleading, or is incomplete so as to be false
or misleading, the City may reject the Bid submitted by such Bidder as being non-
responsive.
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B. A responsible Bidder is a Bidder who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily
perform fully the requirements of the contract documents. In selecting the lowest
responsible Bidder, consideration will be given not only to the Bidder’s financial
standing but also to the general competency of the Bidder for the performance of
the work covered by the Bid including, but not limited to, the experience of the
Bidder in construction of public buildings for public agencies. By submitting a
Bid, each Bidder agrees that the City, in determining the successful Bidder and its
eligibility for the award, may consider the Bidder’s experience with similar types
of construction projects and facilities, conduct and performance under other
contracts, financial condition, reputation in the industry, and other factors which
could affect the Bidder’s performance of the work.
9. DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall
list each Subcontractor whom the Bidder must disclose under the Subletting and
Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder
shall provide: each Subcontractor’s name, the trade and type of work that the
Subcontractor will perform, the location (address) of the Subcontractor’s place of
business, each Subcontractor’s license number, and the dollar value of each
Subcontractor’s labor or services. If additive Alternate Bid Items are included in
the Bidding Documents, the Bidder shall identify each Subcontractor performing
additive Alternate Bid Items, when such Work — or the combination of base
Contract Work and Alternate Work — exceeds one-half of one percent of the total
Bid Amount.
B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during
performance of the Work, each listed Subcontractor shall possess a current and
active California Contractor’s license appropriate for the portion of the Work listed
for such Subcontractor, and hold all specialty certifications required for such Work.
C. Disqualification of a Subcontractor. The City has the right to review the suitability
and qualifications of any Subcontractor proposed by the Bidder. As part of this
review, the City may request a Bidder to submit additional information about one
or more of the listed Subcontractors—including, but not limited to—a statement
detailing the Subcontractor’s experience with pertinent information as to similar
projects and other evidence of the Subcontractor’s qualifications. If requested, the
Bidder shall provide the information to the City within the time specified in the
City’s written request. After due investigation, if the City has a reasonable
objection to any proposed Subcontractor, the City may, before giving the notice of
award, require the apparent successful Bidder to submit an acceptable substitute.
The City’s disqualification of a Subcontractor does not disqualify a Bidder.
However, prior to and as a condition to award of the Contract, the successful Bidder
shall substitute a properly licensed and qualified Subcontractor without an
adjustment of the Bid Price.
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D. Work of Subcontractors. The organization or arrangement of the Specifications
and Drawings do not limit the extent of the Work for the Contract Documents.
Accordingly, all Bidders are encouraged to disseminate all of the Specifications,
Drawings and other Contract Documents to all persons or entities submitting sub-
bids to the Bidder. The omission of any portion or item of Work from the Bid or
from sub-bids, which is reasonably inferable from the Contract Documents, will
not be a basis for adjustment of the Contract Price or the Contract Time.
E. Ineligible Subcontractors. The successful Bidder is prohibited from performing
Work on the Project with any Subcontractor who is ineligible to perform work on
a public works project pursuant to California Labor Code Sections 1777.1 or
1777.7. In submitting its Bid, the Bidder certifies that it has investigated the
eligibility of each and every listed Subcontractor and has determined that none is
ineligible to perform work pursuant to the above code provisions.
10. CONTRACTOR’S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty
of perjury, certifying that the Bid is not the result of and has not been influenced by
collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit,
or believed to be made in violation of the requirements set forth in the affidavit form, may
be rejected.
11. INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance
Requirements in this Specification and the Contract Documents. The insurance company’s
underwriter or agent must complete the Insurance Requirements documentation which
states that the insurer’s underwriter or agent will furnish the City with the required
insurance documents within fourteen (14) days after the Bidder’s having been notified of
the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made
without this statement, or made with an incomplete statement, may be rejected.
12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK
A. The Bidder shall examine carefully the site of the Work contemplated and the
Drawings and Specifications. The submission of a Bid will be conclusive evidence
that the Bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and quantities of Work to be performed
and materials to be furnished, the difficulties to be encountered, and to the
requirements of the Drawings, Specifications, and other Contract Documents. The
Bidder shall ascertain the locations of the existing utility services, and other
underground facilities, and provide for carrying out its operations so as to cause the
minimum possible inconvenience to the occupants of properties along any streets
affected. All Work and costs involved in the safeguarding of the properties of
others shall be at the expense of the Bidder to whom the Contract may be awarded.
B. The Bidder hereby certifies that it has examined the local conditions, has read each
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and every clause of the Contract Documents, and that it has included all costs
necessary to complete the specified Work in its Bid prices, and the Bidder agrees
that if it is awarded the Contract, it will make no claim against the City based upon
ignorance of local conditions or misunderstanding of any of the provisions of the
Contract. Should the conditions turn out otherwise than the Bidder anticipated, the
Bidder agrees to assume all risks incident thereto.
13. PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for
comparing Bids, and no claim shall be made against the City for excess or deficiency
therein, actual or relative. Payment at the prices agreed upon will be in full for the
completed Work and will cover materials, supplies, labor, tools, equipment, and all other
expenditures incident to a satisfactory compliance with the Contract, subject to all
applicable provisions in the Contract and General Conditions.
14. PERMIT FEES
Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum
shall include the cost of administration and coordination for all Governmental Approvals
and Utility Fees.
15. SUBSTITUTIONS
No requests for substitution of any material, device, product, equipment, fixture, form, or
type of construction shall be considered by City prior to award of the Contract. Bidders
shall submit all requests for substitution and substantiating data, within Seven (7) calendar
days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions
of the General Conditions for additional information regarding substitutions.
Authorization of a substitution is solely within the discretion of the City.
16. RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be returned to the
Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted
Bids shall not be considered unless the Notice Inviting Bids expressly permits such means
of transmittal.
17. WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the
scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice
Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date-
stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted
before the Bid Deadline provided that they are in full conformance with these Instructions
to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.
Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance
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with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid
that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or
cancelled for a period of ninety (90) days after award of the Contract.
18. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after
the Bid Deadline has expired at the time and location listed in the Notice Inviting
Bids. A tabulation of all Bids received will be available for public inspection at the
Office of the Department of Public Utilities, 4305 Santa Fe Avenue, Vernon, CA
90058 during regular business hours for a period of not less than thirty (30) calendar
days following the Bid Deadline. The City reserves the right to accept or reject any
or all Bids and be the sole judge regarding the suitability of the products, services
or supplies offered; and/or to waive any irregularities or informalities in any Bids
or in the bidding process. The City further reserves the right to purchase all or
fewer than all items or quantities of each item listed in the Bidding Documents.
The City may award up to two (2) Bidders for this Contract. The award of the
Contract, if made by the City, shall be to the lowest responsive and responsible
Bidder(s). If Bid Alternate Items are called for, the lowest Bid shall be determined
according to Paragraph 20 below.
B. Evaluation of Bids.
1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the
Bidder fails to document in the Bid that Bidder meets the essential
requirements for qualification described in the Notice Inviting Bids. As part
of the Bidder’s Statement of Qualifications each Bidder must establish that
it, as the current entity: (1) has successfully completed at least three (3)
similar projects involving similar work within the last three (3) years with
a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully
completed at least three (3) public works projects. The City’s
disqualification of a Subcontractor listed for the well and booster pump
repair work does not disqualify a Bidder. However, prior to and as a
condition to award of the Contract, the successful Bidder shall substitute a
properly licensed and qualified Subcontractor — without an adjustment of
the Bid Price.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material
respects, to the Bidding Requirements and Contract Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has
demonstrated the attribute of trustworthiness, as well as quality, fitness,
capacity and experience to satisfactorily perform fully the requirements of
the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder,
consideration will be given not only to the financial standing but also to the
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general competency of the Bidder for the performance of the Work covered
by the Bid including, but not limited to, the experience of the Bidder in
construction of public works for public agencies. By submitting a Bid, each
Bidder agrees that the City, in determining the successful Bidder and its
eligibility for the award, may consider the Bidder’s experience with similar
types of construction projects and facilities, conduct and performance under
other contracts, financial condition, reputation in the industry, safety record
and protocols and other factors which could affect the Bidder’s performance
of the Work.
5. Two Awards will be made:
a. Award will go to the two, lowest responsive and responsible Bidders.
Evalution of the two, lowest bids will be based upon the quantities and
units in the Bidder’s Proposal. From these totals, the two lowest bids
shall be determined.
b. A primary and secondary contractor will be awarded an “open”
purchase order.
c. Bidders must fill in pricing for all line items to submit a qualifying
bid.
19. AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or
technical defects, as the interest of the City may require. Award of Contract or rejection
of Bids will be made by the City within ninety (90) calendar days following the Bid
Opening.
The City will award up to two (2) Bidders for this Contract. See paragraph 18.B.5.
20. BASIS OF AWARD
A. A Contract will be awarded to the two lowest responsive and responsible Bidders
meeting all requirements set forth in these Bidding Documents.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid
Alternates at the time of award of the Contract, regardless of whether such Bid
Alternates were used in the analysis to determine the lowest Bid.
21. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded
the Contract, Contractor shall deliver to the City the following documents:
A. Two (2) copies of the Contract in the form included herein, properly executed by
Contractor and, if Contractor is a corporation, evidence of its corporate existence
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and that the persons signing the Contract are authorized to do so. All signatures
must be notarized.
B. Properly executed copies of the (a) Performance Bond (b) Labor and Material
(Payment) Bond and (c) Maintenance Bond in accordance with the requirements
set forth in Article 13 of the General Conditions and in the form shown on Exhibits
1, 2 and 3 attached thereto. All signatures must be notarized.
C. Properly executed policies of all of the following: (a) the Commercial General
Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional
Liability, if required, and (e) the corresponding endorsements for each policy in
accordance with the requirements set forth in Article 12 of the General Conditions.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for
the State of California, or on days when City Hall is closed, the aforesaid documents shall
be delivered by the following working day.
After receipt of said documents within said time period or any extension thereof granted
by the City, the City shall execute the Contract and return one (1) of said two (2) copies to
Contractor for its files.
22. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon
opening, all Bids shall become a matter of public record and shall be regarded as public,
with the exception of those elements of each Bid that are identified by the Bidder and
plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement
of Qualifications and financial statements to be submitted by Bidders. Each element of a
Bid which a Bidder desires not to be considered a public record must be clearly marked as
set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other,
non-specific designations) shall not be sufficient and shall not bind the City in any way
whatsoever. If City receives a request from a third party to make a Bid available for
inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs
the City that the information is not to be released, City will withhold the information,
provided, the Bidder expeditiously seeks a protective order from a court of competent
jurisdiction to prevent such release. If disclosure is required under the California Public
Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City
shall not in any way be liable or responsible for the disclosure of any such records or part
thereof.
Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel
for City), and hold harmless City, its officers, agents, employees, and representatives from
and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses
arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder
identifies as protectable, or asserts is protectable.
23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
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A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant
prevailing wage rate determinations in effect on the first advertisement date of the
Notice Calling for Bids in preparing the Bid Proposal and all component price
quotations, provided, however, that when Davis Bacon wage rates apply, such rates
are subject to increase by written notice, issued by Addendum not less than 10
calendar days before the Bid Deadline. Pursuant to California Labor Code Section
1770 et seq., the Director of the Department of Industrial Relations of the State of
California and the United States Secretary of Labor have determined the general
prevailing wage rates in the locality in which the Work is to be performed. Said
rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/. The
wage rate for any classification not listed, but which may be required to execute the
Work, shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. To
comply with California Labor Code Section 1773.2, Contractor shall post, at
appropriate and conspicuous locations on the job site, a schedule showing all
applicable prevailing wage rates and shall also comply with the requirements of
California Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to California
Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230,
Contractor and Subcontractors of any tier who are not already approved to train by
an apprenticeship program sponsor shall, within ten (10) calendar days of signing
the Contract or subcontract, as applicable, but in any event prior to the first day in
which Contractor or Subcontractor has workers employed on the Project, submit
the Public Works Contract Award Information form (DAS Form 140) to the
appropriate local apprenticeship committees whose geographic area of operation
include the area of the Project and who can supply apprentices to the Project. City
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of
signing the Contract or subcontract, as applicable, the Statement of Employer
Payments (DLSE Form PW 26) shall be completed for each Contractor and
Subcontractor of any tier who pays benefits to a third party trust, plan or fund for
health and welfare benefits, vacation funds or makes pension contributions. The
form must contain, for each worker classification, the fund, plan or trust name,
address, administrator, the amount per hour contributed and the frequency of
contributions. Training fund contributions shall also be reported in this form. City
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors
submitting price quotations for portions of the Work of the requirements concerning
payment of prevailing wage rates, payroll records, hours of Work, and employment
of apprentices.
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24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS
(DIR)
No contractor or subcontractor may be listed on a bid proposal for a public works project
unless currently registered and qualified (including payment of any required fee) with the
DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor
may be awarded a contract for public work on a public works project unless currently
registered and qualified (including payment of any required fee) with the DIR pursuant to
Labor Code section 1725.5. This project is subject to compliance monitoring and
enforcement by the DIR.
25. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and
failure to submit same may be grounds, in the sole discretion of the City, for rejection of
any Bidder.
A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and
Subcontractors, if any, shall comply with the terms and conditions of Ordinance
No. 1187, the City’s Living Wage Ordinance. Upon request, certified payroll
B. Documents shall be provided to the City. If there is a difference between the Vernon
Living Wage rates and the California Prevailing wage rates for the same
classification of labor, Contractor and subcontractor shall not pay less than the
highest wage rate for that classification.
C. Equal Employment Opportunity in Contracting. The City of Vernon is committed
to a policy of equal opportunity in contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are
encouraged to submit bids or proposals. Contractors expressly agree to comply
with the City's ordinances and regulations regarding Equal Opportunity
Employment as well as regulations that may be mandated by the source of the funds
supporting the Contract. Contractor certifies and represents that during the
performance of this Contract, it and any other parties with whom it may subcontract
shall adhere to equal employment opportunity practices to assure that applicants,
employees and recipients of service are treated equally and are not discriminated
against because of their age not discriminated against because of their race, religion,
religious belief, color, national origin, citizenship, ancestry, disability, sex, age,
medical condition, pregnancy, sexual orientation or marital status. Contractor
certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and California laws including,
but not limited to, the California Fair Employment and Housing Act (California
Government Code Section 12900, et seq.), California Labor Code Section 1735,
and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Contractor shall require like compliance by all Subcontractors employed on the
Page 381 of 508
Work.
26. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the
Contract may file a protest if the Bidder complies with all of the following
requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Contract
Documents is filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5)
calendar days following the City’s notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest,
including without limitation: all facts, supporting documentation, legal
authorities, and argument in support of the grounds for the Bid protest. All
factual contentions must be supported by competent, admissible, and credible
evidence.
B. Any matters not set forth in the written Bid protest will be deemed waived. Any
Bid protest not conforming to the foregoing requirements and conditions will be
rejected by the City as invalid.
C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s
submission of this Bid and the City acceptance of same, the Bidder shall indemnify,
defend (with counsel acceptable to City), and hold harmless the City, its City
Council members, employees, and agents from liability, claims, demands,
damages, and costs arising therefrom if such dispute or action arises solely upon
the award of a Contract in compliance with federal, state, and local laws.
[END OF DOCUMENT]
Page 382 of 508
BIDDING ADDENDUM NO. 1
Page 383 of 508
VERNON PUBLIC UTILITIES
4305 S. Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
May 6, 2019
VIA E-MAIL & CITY WEBSITE
NOTICE TO BIDDERS – ADDENDUM NO. 1
ON-CALL WELL AND BOOSTER MOTOR PUMP REPAIRS
This notice shall be considered as Addendum No. 1 to the Request for Bids for the On-Call Well and Booster
Pump Repairs. This addendum modifies the original Request for Bids as noted below. All other portions of the
Request for Bids not specifically mentioned in the Addendum, remain in force.
Bidder’s Proposal:
In the BIDDER’S PROPOSAL, replace page(s) 33 through and 38 of the SCHEDULE OF BID PRICES in its
entirety with the following page(s):
Page 384 of 508
SCHEDULE OF BID PRICES
PROJECT: On-Call Well and Booster Pump Repairs
BIDDER’S NAME: _________________________________________________
BASE BID
Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all
Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract
Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to
be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract
Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation
services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of:
________________________________________________ Dollars ($_____________________)
Section I – On-Call Well and Booster Pump Repairs
A. Material: Contractor’s Cost for the Supply plus (+) 15%
B. Labor: Contractor’s hourly rates (including all fringe benefits, markup, overhead, etc.) for all job classifications
involved in repair work.
SUBTOTAL FOR BID ITEMS NO.1 THROUGH NO.6 $_____________________________________
Bid
Item
No.
Classification Title Unit
Est.
Hours
Per
Year
Labor Rate Total Cost Per Year
1 Electrician Hr 40 $ $
2 Laborer (Field) Hr 40 $ $
3 Machinist (Shop) Hr 40 $ $
4 Welder (Field) Hr 40 $ $
5 Pump Mechanic (Field) Hr 40 $ $
6 Pump Mechanic (Shop) Hr 40 $ $
Page 385 of 508
Bid
Item
No.
Equipment Leased/Owned/Rental Unit
Est.
Hours
Per
Year
Unit Price Total Cost
Per Year
7 Pump Pulling Rig, 30 Ton
Capacity or Larger L/O/R Hr 40 $ $
8 Pump Pulling Rig, 15‐30 Ton
Capacity or Larger L/O/R Hr 40 $ $
9 Air Compressor, Minimum of
650 CFM L/O/R Hr 40 $ $
10
Chemical Trailer Including
Poly Mixing Tank, Safety
Equipment Mixing and
Booster Pump
L/O/R Hr 40 $ $
11 Welding Truck L/O/R Hr 40 $ $
12 Flat Bed Truck ‐ 35 Ton or
Smaller L/O/R Hr 40 $ $
13 Baker Tank – 10,000 Gallon
Capacity or larger L/O/R Hr 40 $ $
SUBTOTALS FOR BID ITEMS NO.7 THROUGH NO.13 (EQUIPMENT) $_______________________________
Bid
Item
No.
Labor and Material Unit
Qty
Per
Year
Unit Price Total Cost Per
Year
Pull and Inspect Equipment ‐ Shop labor to disassemble equipment into basic components, steam clean,
digitally photograph, and prepare for inspection by the City. Motor will be sent to a City authorized
motor shop for bench testing, disassembly, and inspection. Pulled equipment shall be stored and
protected at the Contractor’s facility. The City or any of its vendors/consultants shall be granted access
to storage site as necessary. This work includes a written summary of equipment findings, proposed
repairs including estimated repair cost, and digital pictures of the equipment. Prices must be inclusive of
all labor and equipment required in order to complete the work. This work EXCLUDES repairs or material
charges.
14
Remove Oil or Water Lubricated Well Pump
Equipment. Depth ranging from 350' to
550'.
LF 1,650 $ $
Page 386 of 508
15
Remove Submersible Well Pump.
Approximate pump depth ‐ 400'. Work
includes inspection of the submersible cable
and motor for thrust bearing and winding
megger.
LF 400 $ $
16
Remove Oil Lubricated Vertical Turbine
Booster Pump. Approximate pump depth ‐
40'.
LF 120 $ $
17 Remove Vertical Turbine Booster Pump.
Approximate pump depth ‐ 10'. LF 50 $ $
18
Remove Vertical Turbine Storm Water
Pump. Approximate pump depth ‐ 40'.
Work includes removal and reinstallation of
the concrete vault lid.
LF 120 $ $
19 Remove Submersible Storm Water Pump.
Approximate pump depth ‐ 40'. LF 120 $ $
20
Remove Horizontal Split Case Booster Pump
Impeller sizes range from 6" to 10". Work
includes disassembly of the rotating
element
LS 5 $ $
Install and Perform Equipment Start Up ‐ This work includes shop labor to re‐assemble equipment. Prices
must be inclusive of all labor, delivery, equipment and materials required in order to complete the work.
Markup on material must not exceed 15%. Contractor shall prepare and submit a detailed summary to
include as‐built CADD drawings of pump equipment, pump curve, shaft stretch and thrust bearing
calculations, and field labor to check rotation and test pump operation. No repair work shall be
conducted until the contractor receives written directive from the City.
21
Install Oil or Water Lubricated Well Pump
Equipment. Pump depth ranging from 350'
to 550'. Work includes new 1/4" stainless
steel Dekron air‐line, and 1.25" flush
threaded PVC Schedule 80 sounding tube.
Equipment shall be installed with new
stainless steel bandit and buckles.
LF 1,650 $ $
22
Install Submersible Well Pump.
Approximate pump depth ‐ 400'. Work
includes new 1/4" stainless steel Dekron air‐
line, and 1.25" flush threaded PVC Schedule
80 sounding tube. Equipment shall be
installed with new stainless steel bandit and
buckles.
LF 400 $ $
Page 387 of 508
23
Install Oil Lubricated Vertical Turbine
Booster Pump. Approximate pump depth ‐
40'.
LF 120 $ $
24 Install Vertical Turbine Booster Pump.
Approximate pump depth ‐ 10'. LF 50 $ $
25
Install Vertical Turbine Storm Water Pump.
Approximate pump depth ‐ 40'. Work
includes removal and reinstallation of the
concrete vault lid.
LF 120 $ $
26 Install Submersible Storm Water Pump.
Approximate pump depth ‐ 40'. LF 120 $ $
27 Install Horizontal Split Case Booster Pump
Impeller sizes range from 6" to 10". LS 5 $ $
SUBTOTALS FOR BID ITEMS NO.14 THROUGH NO.27 $_______________________________
(LABOR AND MATERIALS)
Additional Services
Bid
Item
No.
Service Unit Quantity Unit Price Total Cost Per
Year
Prices must be inclusive of all labor, equipment and material required to complete the work. Markup on
material must not exceed 15%.
28 NPDES Compliance – Mobilization and
demobilization EA 1 $ $
29 NPDES Compliance Per
Day 30 $ $
30
Side Scan Video Survey. Work includes two
electronic copies (DVD or USB) and color
report w/ screen capture
EA 1 $ $
31 Locking Device at Wellhead Per
Month 1 $ $
32 Temporary Test Pump Installation and
Removal EA 1 $ $
33 Test Pumping Hr 8 $ $
Page 388 of 508
34 Test Engine Above 300 HP Hr 8 $ $
35 Test Engine Below 300 HP Hr 8 $ $
Casing and Screen Maintenance
36 Surging – Mobilization and demobilization EA 1 $ $
37 Surging Hr 8 $ $
38 High Velocity Jetting– Mobilization and
demobilization EA 1 $ $
39 High Velocity Jetting Hr 8 $ $
40 Dual Swab Airlifting ‐ Mobilization and
Demobilization EA 1 $ $
41 Dual Swab Airlifting Hr 8 $ $
42 Wire Brushing Hr 8 $ $
43 Chemical or Acid Treatment ‐ Mobilization
and demobilization EA 1 $ $
44 Chemical or Acid Treatment Hr 8 $ $
SUBTOTALS FOR BID ITEMS NO.28 THROUGH NO.44 $_______________________________
(ADDITIONAL SERVICES)
SECTION II – CONTRACT PROPOSAL COST SUMMATIONS
GRAND TOTAL BID ITEMS NO.1 THROUGH NO.44 (USED FOR BID PURPOSES ONLY):
Dollars (($__________________________)
_________________________________________________________________________
(Also, enter Total at top of page 33)
Bid is for comparison purposes. Actual pay to the Contractor for repair work will be based on actual time and materials
based on unit prices provided. All unit prices shall include all overhead costs and profits.
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.
Page 389 of 508
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.
Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration
and coordination of Governmental Approvals and Utility Fees.
Respectfully submitted:
Signature
Address
Title
Date
License Number Date of Expiration
(SEAL - if Bid is by a corporation)
Attest
Amount of Certified or Cashier’s Check or Bid Bond
Name of Bonding Company
Page 390 of 508
END OF SECTION (PAGE LEFT INTENTIONALLY BLANK)
Page 391 of 508
Notice of Inviting Bids:
In the REQUEST FOR BIDS, page 11 of the NOTICE INVITING BIDS is to be amended as follows:
1. On page 11 of the REQUEST FOR BIDS, NOTICE INVITING BIDS section 8 – Paragraph 1 is amended
as follows:
a. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar
Authorizations. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be
obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct
cost without markup.
Exhibit A:
In EXHIBIT A General Conditions, Page 72 of 176 - Section 1.03. is to be amended as follows:
A. Except as otherwise provided in the Notice Inviting Bids, the Contractor 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 Notice
Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained
and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining
all Governmental Approvals and Utility Fees not listed in the Notice Inviting Bids.
B. The City will reimburse Contractor 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 Contractor’s and/or Subcontractors’ original
receipts from the governmental entities or utilities (“Permit Fee Reimbursement”). Contractor shall
deliver the original receipt to the City’s Project Manager with each permit. All Permit Fees shall
be separately itemized in each Application for Payment and copies of the receipt(s) and permit(s)
must be attached. The Base Bid sum / Contract Sum shall include the cost of administration and
coordination for all Governmental Approvals and Utility Fees.
C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility
Fees must be submitted to the City prior to submission of the Application for Final Payment.
D. Where requirements of the Governmental Approvals differ from those of the Drawings and
Specifications, the more stringent requirements shall apply.
Exhibit B:
In the EXHIBIT B SPECIAL PROVISIONS, on page 1, add the following to the title:
CONTRACT NO: LP-0464
In the EXHIBIT B SPECIAL PROVISIONS, on page 7 through and 8, replace section B-10.04 in its entirety
with the following:
Page 392 of 508
B-10.04 Additional Services – The Contractor shall furnish all material, labor, equipment, and supervision
to perform any additional service described below. All services shall be done in accordance with industry
standards using equipment best suited to perform the work efficiently and effectively. Care should be
taken to ensure well components are not damaged by the operations. If not explicitly stated, the Contractor
shall determine the level and extent of each operation and provide the City with a detailed work plan. The
City will review and approve the work plan prior to the start of the work. Information contained in this
section or in the Schedule of Bid prices are listed for informational purposes and will be used as a
basis of comparison. Actual cost of additional costs will be determined by a mutual agreement
between the City and the Contractor. Deposits removed from the casing and screen maintenance
operations shall be property removed from the well. The Contractor is responsible for the proper disposal
of extracted water and removed deposits.
a. NPDES Compliance - The Contractor shall provide NPDES compliance as required for the following:
pH/TSS/C12 Test Equipment, flow meters. Service shall include two above ground storage tanks,
100' of piping and appurtenances for discharge of well water.
b. Side Scan Video Survey – The Contractor shall provide a video log survey of the selected well. Work
shall include two electronic copies of the survey and a color report with screen captures.
c. Locking device at Wellhead – The Contractor shall provide an appropriate locking device to secure
the well when pump equipment is uninstalled.
d. Temporary Test Pumping – The Contractor shall perform test pumping for a well and produce the
appropriate documents and reports. Temporary test pump installation and removal should include
Temporary test pumps capable of 1,500 GPM at a total head of 400’. Test Pumps shall be installed
into the well with a setting of 400’. An access pipe shall be installed past the pump bowl assembly at
420’. Temporary test pumps shall allow for 80’ of 8” discharge piping and sand separator.
e. Testing Engines - The Contractor shall provide the required testing engine(s) to perform appropriate
test pumps for the well.
f. Surging – The Contractor shall provide an appropriately sized surge block used to agitate the well
water.
g. High Velocity Jetting – The Contractor shall provide an appropriately sized jetting tool. Pressurized
water is pumped through the tool and into the well screen or casing to removed deposits. Tool shall
capable of producing up to 1,400 psi of pressure at 2’ intervals.
h. Dual Swab Airlifting – The Contractor shall perform the well rehabilitation repair service in
accordance to industry standards. Well diameters range from 12” to 18”.
i. Wire Brush – The Contractor shall perform this pre-treatment to remove mineral deposits and
corrosion byproducts inside the well. A steel wire brush shall be used and appropriately sized for the
well. Pipes range from 12” to 18” in diameter.
j. Chemical or Acid Treatment – Upon request, the Contractor shall all labor and equipment necessary
to provide a quality assessment and recommend appropriate blend of chemical(s) uniquely tailored to
effectively remove deposits, with adequate agitation and penetration into the surrounding formation.
Page 393 of 508
Page 394 of 508
BID FORMS
Page 395 of 508
a 159 N. ACACIA STREET *SAN DIMAS, CA 91773
~ PHONE: (909) 599-9606 *FAX: (909) 599-6238
CAMARILLO, CA 93010 * PHONE: (805) 482-1215
www.genpump.com
WELL &PUMP SERVICE SINCE 1952 Lic. #496765
Serving Soutl:ern California and Central Coast
ORIGINAL
REQ~J~~'~" FOR BIDS
On-Call Well end Booster Pump Repairs
At various locations in
~'~ic~ ~~~y of ~lernon
~i~ l~T~.
MAY 9, 2019 @ 3:00 P.M.
PR~,PARED BY
DANIEL PICHARDO/ I`VIICHAEL GARCIA
GENERAL PUMP COMPANY, INC.
FOR TAE
CITY OF VERNON
4305 Sa~v'rA FE AvE
VExivoN, CA 90058
Page 396 of 508
BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of
the following Project in accordance with the Contract Documents:
PROJECT: On-Call Weil end Booster Pump Repairs
A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the
following completed forms.
1. Bidders Proposal
2. Schedule of Bid Prices
3. Incumbency Certificate
4. Bid Security in the following form (check one):
q Cashier's Check ❑Certified Check [~ Bid Bond ❑Cash
5. Bidder's Statement of Qualifications
6. Experience Form
7. Statement of Violations of Federal, State or Local Law, if applicable
8. Specialty Contractor Statement of Qualifications
9. Contractor Safety Questionnaire
10. Designation of Subcontractors
1~. Contractor's Affidavit of Noncollusion
1~. Insurance Requirements Affidavit
~~. Statement of Disqualification or Debarment.
14. Pre-Bid Sits Inspection Certification.
B, Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed
copy of all Addenda, and by listing all Addenda received and attached in the space below,
Addendum 1- 05/06/19
If an Addendum or Addenda have been issued by the City and not attached and noted above as being received
by the Bitlder, the Bid may be rejected.
C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully
Page 28 of X76
Page 397 of 508
familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient
detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding
Documents andlor any unusual site conditions; and that it has carefully checked all words, prices, and
statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have
inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all
conditions and matters which may in any way affect the Work, time of completion or the costs thereof.
Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if
disclosed or shown, as part of the Work in this Contract.
Page 2 9 o f 1'16
Page 398 of 508
~_
PRE-BID S17E INSPECTION —CERTIFICATION:
Persons) who inspected site of the proposed Work for your firm.
Name. ll~inicl Nicharcic~ _ ___ _ _ Date of Inspection
Title; ~'~f~t~~~«ti~,ns Fn~inecr
Name _ ____ N/A __ Date of Inspection
Title:
x/29/19
D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable
therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a
specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price.
E. Forfeiture of Bid Security. Bidder further agrees that, in case of hislher default in executing the required
Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security
accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such
default, as provided in the Bidding Documents.
F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period
of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever
period is shorter.
G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and
the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless
the City, its City Council merTibers, employees, and agents from liability, claims, demands, damages, and costs arising
therefrom if such dispute or action arises solely upon tf~e award of a Contract in compliance with federal, state, and
local laws.
The Bidder declares that neither he/she nor any member of hislher firm or corporation is an officer or em~oyee of the
City of Vernon.
hereby certify under penalty of perjury under the laws of the State of California that the representations made f~erein
are true and correct.
Executed this '~r~~ day of May _ at ____ San Dimas _ _ C~ilifc~ruia
City State
Page 30 of 176
Page 399 of 508
Bidder's Proposal
Respectfully Submitted
NAME OF BIDDER
~ , COMPANY
NAME. General Pump Company, Inc.
ADDRESS; 159 lY Acacia St.
San Dimas, CA 91773
CONTACT PERSON: Daniel Yichardo
TELEPHONE NUMBER; 909-599-9606 FAX NUMBER; 909-599-6238
E-MAIL: d~ich~irdo~ir~~~cn~um~.com / a,~u~ircz~a_~c~n~p.com
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 496765; Engr A, C57, C61, D21
EXPIRATION DATE: 08/31/2020
TAX IDENTIFICATION NO.. y5-3551896
SURETY COMPANY: Travelers Property Casualty &Surety
All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the
Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder.
Failure to sign the Bidder's Proposal may invalidate the Bid. pease see attached
Page 31 of 17 6
Page 400 of 508
MINUTES OF SPECIAL MEETING OF
SHAREHOLDERS AND DIRECTORS
OF
GENERAL PUMP COMPANY, INC.
A California Corporation
A special meeting of the Shareholders and Directors of GENERAL PUMP COMPANY, INC.,
a California corporation, was held at 159 N. Acacia Strest, San Llimas, CA, 91773 on Mai•cl~ 13, 2018
at 10:00 a.m.
The roll call was as follows:
PRESENT: Michael Bodart, Ginger Campbell, Tom Nanchy, William Tweed,
Fernando Munoz, Walter E~ay Keece and Ron White
ABSENT; None
Tlie ~I~eeting was called to order by the President, Michael Bodart and Ginger Campbell, who
presided as Secretary o~ tine meeting.
The President announced that the meeting was held pursuant to the provisions of the By-Laws.
No objection being made, a reading of the minutes of the last meeting of the corporation was
dispensed with and upo~~ motion duly made, seconded and unanimously carried, the same were
~pprovcd without reading.
The President stated that the first order of business was to approve signing authority on bids,
bid bonds and contracts as follows:
Michael Bodart, as Pi•esidecit /Director of Engineering to a maximum value of $2,000,000
each occurrence,
Walter Ray Reece, General Manager, Camarillo Branch to a maximum value $500,000 each
occurrence,
Thomas Nanchy, Sr. Project Manager /Project Engineer to a maximum value of $500,000
each occurrence, and
Upon motion duly made, seconded and unanimously carried, the following resolution was
adopted:
RESUI,VED, that the corporation approves the authority of Michael Bodart, Walter Ray
Reece, and Thomas Nancliy as represe~itatives of General Pump Company, Inc., to sign bids, bid
bonds ~~~id contracts as listed above.
'I'llere being no further business to come before the meeting, said meeting was adjourned.
ATTEST:
Gin er Cai pbell, Secretary Mic ael Bodart, Preside~~t
Page 401 of 508
BIDDER'S PROPOSAL — SIGNATURE(S):
Form of Entity of Bidder.
Please check the appropriate signature block below and fill in all related information.
Sole Proprietorship:
Bv: N/A
Title:
Printed name of person signing
Signature
List all d/b/a's;
Partnership: ❑General Partner ❑Limited Partner
gy; N/A
Title:
Printed name of person signing
Signature
Corporation:
President / Directur of
gy: Michael Bodart Corporate Officer Title: ~~;~rin~
~,~ Printed name son signing
U
i S nature
q Joint Venture. ❑Corporation ❑Partnership
q Individual ❑Other
gy: N/A
Title:
Printed name of person signing
Signature
Name of all Joint Venturers:
Corporate Seal
[If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the
t ~ 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 hislher corresponding office. If the Bidder is a partnership orjoint venturer
stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the
duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the
Bid Proposal Form that the individual signing has authority to do so.]
Page 32 of 176
Page 402 of 508
VERNON PUBLIC UTILITIES
4305 S. Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
May 6, 2019
VlA E-MAIL. &CITY WEBSITE
NOTICE TO BIDDERS -- ADDENDUM NO. 1
ON-CALL WELL AND BOOSTER MOTOR PUMP REPAIRS
This notice shall be considered as Addendum No. 1 to the Request for Bids for the On-Call Well and Booster•
Pump Repairs. This addendum modifies the original Request for Bids as noted below. All other portions of the
Request for Bids not specifically mentioned in the Addendum, remain in force.
E3idder's Proposal:
In the BIDDER'S PROPOSAL, replace pages) 33 through and 38 of the SCHEDULE OF BID PRICES in its
entirety with the following page{s):
~~ _.
Addendum No. 1 Acknowledged
Page 403 of 508
SCHEDULE OF BID PRICES
PROJECT: On-Call Well and Booster Pump Repairs
BIDDER'S NAME. Gci~er~l Pump Company, lnc.
BASE BID
Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all
Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract
Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to
be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract
Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation
services necessary to fully perform the Work and complete it in a workmanlike manner} for the total Base Bid su~r~ of:
Two Hundred Fifty Three Thousand Seven
Hundred Twenty Dollars and Zero Cents pollars ($ 253,700.00 -- --- - )
Section I - On-Call Well and Booster Pump Repairs
A. Material: Contractor's Cost for the Supply plus (+) 15%
B. Labor: Contractor's hourly rates (including a{I fringe benefits, markup, overhead, etc.) for all job classifications
involved in repair work,
Bid
- Est. --- -----------
Item Classification Title Unit Hours Per Labor Rate Total Cost Per Year
No. Year
1 $ 169.00 Electrician Hr 40 $ 6,760.00
2 Laborer (Field) Hr 40 $ 55,00 $ 2,200.00
3 Machinist (Shop)
-- ---- --- - ------Welder (Field)
Hr 40
40
$ 109.00
$ 16~.U0
$ 4,360.00
$ 6,400.00 4 Hr
5 Pump Mechanic (Field)
-- — ----
Hr a0 $109.00
-- -
$ 4,360.00
6 ------ - -- - Pump Mechanic (Shop) - --- - Hr -
40 $109.00 $ 4,360.00
SUBTOTAL FOR BID ITEMS N0.1 THROUGH N0.6 $ 28,440.00
Page 404 of 508
Bid
Item Equipment
No.
Pump Pulling Rig, 30 Ton 7 Capacity or Larger
8 Pump Pulling Rig, 15-30 Ton
Capacity or Larger
- — - ----- - -- -----------Air Compressor, Minimum of 9
650 CFM
Chemical Trailer~Including
Poly Mixing Tank, Safety 10 Equipment Mixing and
Booster Pump
11 Welding Truck
12 Flat Bed Truck - 35 Ton or
Smaller
13 Baker Tank —10,000 Gallon
Capacity or larger
Leased/Owned/Rental ~ Unit
~/o/R
L/0/R
L/O/R
L/O/R
F-i r
Est.
Hours Unit Price Per
Year
40 $ ~~.0{)
H r 40 $ 25.00
H r 40 $ 2p.00
I-I r~ ~ 40 ~ $ z 5.00
L/0/R I-fir
L/0/R f-{i.
L/0/R f-Ir
4~ $ 10.t)0
---
4U $ x ().00
40 ~ ~.UO
SUBTOTALS FOR BID ITEMS N0.7 THROUGH N0.13 (EQUIPMENT) $ 5,200.00
Total Cost
Per Year
$ 1,400.OU
$ 1,000.00
$ 800.00
$ 1,000.OU
$ 400.00
$ 400.0
$ 200.~Q
Bid- — — ------ ~--- --- -- -- - -- QtY _-_
Item Labor and Material Unit Per Unit Price Total Cost Per
Year No. Year
gull and Inspect Equipment -Shop labor to disassemble equipment into basic components, steam clean,
digitally photograph, and prepare for inspection by the City. Motor will be sent to a City authorized
~notor shop for bench testing, disassembly, and inspection. Pulled equipment shall be stored and
protected at the Contractor's facility. The City or any of its vendors/consultants shall be granted access
:o storage site as necessary. This work includes a written summary of equipment findings, proposed
~epairs including estimated repair cost, and digital pictures of the equipment. Prices must be inclusive of
III labor and equipment required in order to complete the work. This work EXCLUDES repairs or material
charges.
Remove ail or Water Lubricated Well Pump
14 equipment. Depth ranging from 350' to ~.f= ~.,~50 $ 16.50 $ 27,225.00
550'.
Page 405 of 508
Remove Submersible Well Pump.
Approximate pump depth - 400'. Work
15 includes inspection of the submersible cable LF
and motor for thrust bearing and winding
megger,
Remove Oil Lubricated Vertical Turbine
16 Booster Pump. Approximate pump depth - LF
40'.
------ ----- -- -----
17 Remove Vertical Turbine Booster Pump. LF Approximate pump depth - 10'.
Remove Vertical Turbine Storm Water ~I
~8 Pump. Approximate pump depth - 40'. ~F
Work includes removal and reinstallation of
the concrete vault lid.
400 ~ $ lO.OQ
120 $ 40.Q0
50 $ I60.OQ
ZZo
$ 4,000.00
$ 4,800.00
$ 8,000.00
$ 40,OU ~ $ 4,800.00
~9 Remove Submersible Storm Water Pump. LF 120 Approximate pump depth - 40'. $ 40.00 $ 4,t300.0U
Remove Horizontal Split Case Booster Pump
20 Impeller sizes range from 6" to 1U". Work l.S 5 $1,600.00 $ ~,000.00 includes disassembly of the rotating
element
stall and Perform Equipment Start Up -This work includes shop labor to re-assemble equipment. Prices
gust be inclusive of all labor, delivery, equipment and materials required in order to complete the work,
larkup on material must not exceed 15%. Contractor shall prepare and submit a detailed summary to
clude as-built CADD drawings of pump equipment, pump curve, shaft stretch and thrust bearing
~Iculations, and field labor to check rotation and test pump operation. No repair work shall be
inducted until the contractor receives written directive from the City.
Install Oil or Water Lubricated Well Pump
Equipment. Pump depth ranging from 350'
to 550'. Work includes new 1/4" stainless
21 steel Dekron air-line, and 1.25" flush LF 1,650 $ 16.5
threaded PVC Schedule 80 sounding tube.
Equipment shall be installed with new
stainless steel bandit and buckles.
Install Submersible Well Pump.
Approximate pump depth - 400'. Work
includes new 1/4" stainless steel Dekron air-
22 line, and 1.25" flush threaded PVC Schedul@ Lf" 400 $ YQoU
80 sounding tube. Equipment shall be
installed with new stainless steel bandit and
buckles.
i
D ~ ~ 27,225.00
D ~ $ 4,000.00
Page 406 of 508
Install Oil Lubricated Vertical Turbine
23 Booster Pump. Approximate pump depth ~ LF 120 $ 10.00
40'.
Install Vertical Turbine Booster Pump. 2~ LF- 5a $160.00 Approximate pump depth - 10'.
install Vertical Turbine Storm Water Pump.
Approximate pump depth - 40'. Work
~5 includes removal and reinstallation of the LF 120 $ ~~~),pQp ',
concrete vault lid.
-- ---- ---- ---- -- - - --- - -- - ---lnstall Submersible Storm Water Purnp
$ 1,20U.U0
$ s,000.oa
$ 4,800.00
26 L~ 120 $ 40.00 $ 4 SQO.UO Approximate pump depth - 40'.
27 Install Horizontal Split Case Booster Pump LS 5 $1 600,00 $8 000.00 Impeller sizes range from 6" to 10".
SUBTOTALS FOR BID ITEMS N0.14 THROUGH N0.27 $. > 19+~~~~•~~~~ _~__
(LABOR AND MATERIALS)
Additional Services
Bid
Item
No.
Total Cost P Service lJnit Cluantity Unit Price Year
er
f Prices must be inclusive of all labor, equipment and material required to complete the work. Markup on
material must not exceed 15%.
~I NPDES Compliance —Mobilization and
28 EA ~' $ 32,50(1.O0 $ ~~,~00.0[) demobilization
29 NPDES Compliance
Side Scan Video Survey. Work includes two
pay 30 $ 5.00 $ 10.00
30 electronic copies (DVD or USS) and color EA 1 $ 1,750.00 $ 1,750.00
report w/screen capture
Locking Device at Wellhead PerMonth
EA
1
~
$ 450.00 $ 450.00 31
32 Temporary Test Pump Installation and
$x,000.00
_=a
$ 5,000.00 Removal
33 ~ Nr 8 $ ~~'~UeQDU Test Pumping $ F~,~~()AO
Page 407 of 508
34 Test Engine Above 300 HP Hr 8 $180.00 $1,440.00
35 Test Engine Below 300 HP Hr 8 $150.00 $1,200.00
Casing and Screen Maintenance
^36 Surging —Mobilization and demobilization EA 1 $ 5,000.00 $ 5,000.00
37 Surging Hr 8 $ 400.00 $ 3,200.00
38 High Velocity letting— Mobilization and
demobilization EA 1 $ 7,500.00 $ 7,500.00
39 High Velocity Jetting Hr 8 $1,000.00 $ 8,000.00
40 Dual Swab Airlifting -Mobilization and
Demobilization
~A 1 $ 200.00 $ 200.OU
41 Dual Swab Airlifting Hr 8 $ 950.00 $ 7,600.00
42 Wire Brushing Hr 8 $ 480.00 $ 3,840.00
43 Chemical or Acid Treatment -Mobilization
and demobilization EA 1 $14,200.00 $14,200.00
44 Chemical or Acid Treatment Hr 8 $ 400.00 $ 3,200.00
SUBTOTALS FOR BID ITEMS N0.28 THROUGH N0.44 $100,430.00
(ADDITIONAL SERVICES)
SECTION II —CONTRACT PROPOSAL COST SUMMATIONS
~i GRAND TOTAL BID ITEMS N0.1 THROUGH N0.44 (USED FOR BID PURPOSES ONLY):
Dollars (($ 253,720.00
Two Hundred Fifty Three Thousand Seven Hundred Twenty Dollars and Zero Cents
(Also, enter Total at top of page 33}
Bid is for comparison purposes. Actual pay to the Contractor for repair work will be based on actual time and materials
based on unit prices provided. All unit prices shall include all overhead costs and profits.
~ ~ 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.
Page 408 of 508
If there is a discrepancy between (1) the °Grand Totai° 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.
Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration
and coordination of Governmental Approvals and Utility Fees.
Respectfully sub~niited:
.~
Signature
Michael Bodart
President I Director of Engr.
Title
4y6765
159 N. Acacia St. San Dimas, CA 91773
Address
05/9!2019
Date
0~/31/20
License Number Date of Expiration
(SEAL - if Bid is by a corporation)
Attest
Amount of Certified or Cashier's Check or Bid Bond
Gallagher Construction Services
Name of bonding Company
Page 409 of 508
END OF SECTION (PAGE LEFT INTENTIONALLY BLAND
Page 410 of 508
Notice oi'Inviting Bids:
l In the REQUEST FOR BIDS, page 11 of the NOTICE INVITING BIDS is to be amended as follows:
1. On page 1 l of the REQUEST FOR BIDS, NOTICE INVITING BIDS section 8 —Paragraph 1 is amended
~ as follows:
L- a. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and .'imilar
nuiliori~ations. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be
obtained and paid for by Contractor and will be reimbursed based on Contractor's actual direct
cost without markup.
Exhibit A:
In EXHIBI"t A General Conditions, Page 72 of 176 -Section 1.03. is to be amended as follows:
A. Except as otherwise provided in the Notice Inviting Bids, the Contractor 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 sysfem permits,
demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer,
gutter, crosswalk, paving or other street work grading permits, street/utility use permits, OSHA
permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and
permits to demolish, remove, or make major alterations to any designated historic resource;
inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice
Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained
and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining
all Governmental Approvals and Utility Fees not listed in the Notice Inviting Bids.
B. The City will reimburse Contractor 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 Contractor's and/or Subcontractors' original
receipts from the governmental entities or utilities ("Permit Fee Reimbursement'). Contractor shall
deliver the original receipt to the City's Project Manager with each permit. All Permit Fees shall
be separately itemized in each Application for Payment and copies of the receipts) and permits)
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 Contractor's satisfaction with all Governmental Approvals and Utility
Fees must be submitted to the City prior to submission of the Application for Final Payment.
D. Where requirements of the Governmental Approvals differ from those of the Drawings and
Specifications, the more stringent requirements shall apply.
Exhibit B:
In the EXHIBIT B SPECIAL PROVISIONS, on page 1, add the following to the title:
CONTRACT NO: LP-0464
In the EXHIBIT B SPECIAL PROVISIONS, on page 7 through and 8, replace section 8-10.04 in its entirety
with the following:
Page 411 of 508
B-10.04 Additional Services —The Contractor shall furnish all material, labor, equipment, and supervision
to perform any additional service described below. All services shall be done in accordance with industry
standards using equipment best suited to perform the work efficiently and effectively, Care should be
taken to ensure well components are not damaged by the operations. If not explicitly stated, the Contractor
shall determine the level and extent of each operation and provide the City with a detailed work plan. The
City will review and approve the work plan prier t~ the start of the work. Information contained in this
section or in the Schedule of Bid prices are listed for informational purposes and will be used as a
basis of comparison. Actual cost of additional costs will be determined by a mutual agreement
between the City and the Contractor. Deposits removed from the casing and screen maintenance
operations shall be property removed from the well. The Contractor is responsible for the proper disposal
of extracted water and removed deposits.
a. NPDES Compliance -The Contractor shall provide NPDES compliance as required for the following:
pH/TSS/C 12 Test Equipment, flow meters. Service shall include two above ground storage tanks,
100' of piping and appurtenances for discharge of well water.
b. Side Scan Video Survey —The Contractor shall provide a video log survey of the selected well. Work
shall include two electronic copies of the survey and a color report with screen captures.
c. Locking device at Wellhead —The Contractor shall provide an appropriate locking device to secure
the well when pump equipment is uninstalled.
d. Temporary Test Pumping —The Contractor shall perform test pumping for a well and produce the
appropriate documents and reports. Temporary test pump installation and removal should include
Temporary test pumps capable of 1,500 GPM at a total head of 400'. Test Pumps shall be installed
into the well with a setting of 400'. An access pipe shall be installed past the pump bowl assembly at
42U'. Temporary test pumps shall allow for 80' of 8" discharge piping and sand separator.
e. Testing Engines -The Contractor shall provide the required testing engines) to perform appropriate
test pumps for the well.
f. Surging —The Contractor shall provide an appropriately sized surge block used to agitate the well
water.
g. High Velocity Jetting —The Contractor shall provide an appropriately sized jetting tool. Pressurized
water is pumped through the tool and into the well screen or casing to removed deposits. Tool shalt
capable of producing up to 1,400 psi of pressure at 2' intervals.
h. Dual Swab Airlifting —The Contractor shall perform the well rehabilitation repair service in
accordance to industry standards. Well diameters range from 12" to 18".
i. Wire Brush —The Contractor shall perform this pre-treatment to remove mineral deposits and
corrosion byproducts inside the well. A steel wire brush shall be used and appropriately sized for the
well. Pipes range from 12" to 18" in diameter.
j. Chemical or Acid Treatment —Upon request, the Contractor shall all labor and equipment necessary
to provide a quality assessment and recommend appropriate blend of chemicals) uniquely tailored to
effectively remove deposits, with adequate agitation and penetration into the surrounding formation.
Page 412 of 508
The Contractor shall consider the cause of the problem, well construction details, and type of
formation when recommending the blend of chemicals) to be used. The Contractor shall submit the
recommended blend to the City for review and approval. For the purposes of comparison, assume
1,500 gallons of `Well Klean" Preblend. Neutralize chemicals upon discharge.
Mobilization, demobilization and all other Contractor's costs for the work shall be included in the most
appropriate bid item and no extra compensation will be paid to the Contractor therefor.
This portion of the addendum is to provide clarification to questions that have arisen during the advertisement.
The questions and responses are as follows:
What is the required bid bond amount?
See page 11 —Paragraph 9 Brd Forms and Security:
"...Alternatively, asatisfactory corporate surety Bid Bond for an amount equal to ten percent (1 D%) of
the total maximum amount of the Bid may accompany the Bid... "
How much time is allotted for travel?
See page 8 of Exhibit B:
"Mobilization, demobilization and all other Contractor's costs for the work shall be rnclude~l in the most
appropriate bid item and no extra compensation wit! be paid to the Contractor therefor. "
For bidding purposes for Bid Items No. 14 ~hro~gh 19 and 21 through 27, where the unit of measurement is per
linear foot, it can be assumed that the quantity per year requested divided by the quantity described in the item
description determines the number of mobilizations. for example, 13id Item No 14 requests a Well Pump
Equipment to be removed from a depth ranging from 350' to SSO' (use the larger number) and the quantity per
year requested is 1,650'. 1,650'/SSO' = 3 Hence, it can be assumed that this bid item requires three separate
mobilizations/demobilraations. Similar talc:~lations can be performed for these items.
If you have any questions, please contact Joanna Moreno at (323)583-8811 extension 888 or by email
jmoreno tr~.ci.vern~n.ca.us, or contact Mark Aumentado at extension 309 or by email
maumentado~ir?.ci.vcrnc~n.ca.us.
Kes ectfully, ,_.
`l'odd Dusenberry
Assistant General Manager of Vernon Public Utilities
Page 413 of 508
Attest
Amount of Certified or Cashier's Check or Bid Bond
Gallagher Construction Services
Name of Bonding Company
Page 38 of 176
Page 414 of 508
INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid
Forms:
PRESIDENT'S &OFFICERS' NAME.
Michael Bodart
Ginger Campbell
TITLE:
President /Director of EnQr.
Secretary /Controller
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of
General 1'um~~ C'om~<<n}~, Inc. (the "Company"), and that, as such, he/she is authorized to execute
this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly
elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth
opposite their names and are authorized to sign the Bid Forms.
IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this `~tf~ day of
Mav , 2019
Ginge Camnhcll
Secre -P inted
S Greta s Signature
Bond No.:
Premium Amount: $
Bond's Effective Date:
Page 39 of 176
Page 415 of 508
sio soN~
RECITALS:
1. The City of Vernon, California ("City"), has issued a Notice Inviting Bids for the Work described as follows:
Specification No. ~ On-Call Well and Rooster Pump Re~~airs at Various Locationsj~ Ve~f10f1, CA. ("Project'~~.
2. In response to the Notice Inviting Bids, General Pump Company, Inc , 159 North Acacia Strest, San Dimas, CA 91773
(Name, address, and telephone of Contractor)
~sos~5ss-ssos
has submitted the accompanying Bid for the Project.
("Principal"),
3. Principal is required under the terms of the Specification—and all Bidding Qocuments referenced in it—to furnish a bond with
the Bid.
4. The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and
made a part of it by this reference.
OBLIGATION;
THEREFORE, for value received, We, Principal and
Travelers Casualty and Surety Company of America, 21686 Gateway Center Drive, Diamond Bar, CA 91765 {909) 612-3674
(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 rep Pe~~~c t~o~io) of the Total Amount Bid - - - - - - - - - - - - - - - - -
-------------------------------•--•-------------- Dollars (~ ~~°%--------------) ("the Bonded Sum"), this amount
comprising not less than TEN PERCENT (10%) of Principal's Base Bid, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
Arthur J. Gallagher & Co. 1255 Battery Street, Suite 450, San Francisco, CA 94111 (a15) 391-1500
(Name, address, antl telephone)
Registered Agent's California Department of Insurance License No. o~zszs3
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1}Principal does not (a) wikhdraw its Bid for the period specified
in the Bidding Documents, or—if no period is specified--for ninety (90) calendar days after City awards the Contract for the Project,
or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code §5101 of seq., or any successor
legislation, are not met; or (2) City awards Principal the Contract in response to Principal's Bid, and within the time and manner
specified by the Specification or Contract Documents or—if no period is specified—within fourteen (14) calendar days after the
Contract's award, Principal (a) signs and delivers to City the Contract, in accordance with the Bid as accepted, (b) furnishes the
required bonds for not only Principal's faithful performance and proper fulfillment of the Contract, but also Principal's payment for
labor and materials used in the Project, and (c) furnishes the required insurance, then this obligation becomes null and void.
Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond:
1. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal, the Principal will enter into the Contract with City.
2. No right of action accrues on this Bond to any entity other than City or its successors antl assigns.
3, 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.
4. 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
Page 40 of 176
Page 416 of 508
by its representatives) under the authority of its governing body.
Date; May 1, 2019
PRINCIPAL:
General Pum Com an Inc.
(Comp~ame)
(Sign lure)
By: Ill ~~ha.~ ~,acu~t"
(Name)
its: D~r ~~ (~ r•
(lit e)
Address for Serving Notices or Other Documents:
159 North Acacia Street
San Dimas, CA 91773
COF2PORATL-" SL-AL
SURETY:
Travele Casualt and Suret Com an of America
(' tpan Name) ,, ~''
(S' n ure)
gy; Bett . Tolentino T _,___+
(Name)
Iis: Attorney-In-Fact
(Ti11e)
Address for Serving Notices or O(her Documents:
21688 Gateway Drive
Diamond Bar. CA 91765
EVI DENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SIGNING AS ATTORNEY !N-FACT.
n THE A~ORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED.
r A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,
ARE A CORPORA TION.
BOND ACKNOWLEDGMENT
Page 91 of 176
Page 417 of 508
G~
FOR
SURETY'S ATTORNEY-IN-FACT
STATE OF CALIFORNIA )
SS• See Attached Loose CA All Pur~ose Acknowledgment COUNTY OF ) j
~ On this day of _ __ __ _ , 20 ,
before me, ____~____ __~___ (name), a otary Public for said County, personally appeared
(name), who proved to me on ttie basis of satisfactory evident to be the person whose name is subscribed to this
instrument as the attorney in fact of _~ . _ _ ,and acknowledged tome that he/she
subscribed the name of __ _____ _ thereto as principal, and his/he own name
as attorney in fact.
certify under PENALTY OF PERJURY under tt laws of the State of California that the foregoing paragraph is true
and correct.
Notary Public
SEAL
Page 42 of 1"/6
Page 418 of 508
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C1VIL CODE § 1189
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 _. I,os.l~ig~l~~ -_ __
On Mav 6.2019__. _ __ before me, ___ _Alexa Juarez, Notary Public ,
Date Here Insert Name and Tifle of the Officer
personally appeared _~_______ Michael Bodat't
Name ) of Signer(
who proved to me on the basis of satisfactory evidence to b the person() whose namesi is/a s scribed
to the within instrume t and acknowledge to me that he/s /th ~y execu ecJ the same in Ihis/h ~/tic ii~
authorized c~ ~cit i and that t his/h r/th it si riat re on Elie instrument the person c r the entit P Y~ )~ Y ~ 9 u ~ E ~). Y
upon behalf of which he person( acted, exe uted the inst urnent.
~.~~ ~~~ , ALEXA JUAREZ
.. ~ ~~',~
~'~~
Notary Public • Ca(iforni~ ~~ .~ _•.,. Los Angeles County
~'
My
Commission +Y 226612
Comm. Expirts Nov 10, 2022
Place Notary Seal and/or Stamp Ahove
certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
~—
Signatur
Sign re of Public
OPTIONAL ~~
Completing this information can deter alteration of the document or
fraudulent reattachment of Phis form to an unintended document.
Description of Attached Document
Title or Type of Document:._.____ ______.
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: _
o Corporate Officer — Title(s): _ ___.,__
q Partner — ❑Limited ❑General
q Individual o Attorney in Fact
q Trustee o Guardian of Conservator
q Other:
Signer is Representing. ____
02017 National Notary Association
Number of Pages:
Signer's Name: . _____
q Corporate Officer — Title(s): ________
q Partner — ❑Limited ❑General
q Individual O Attorney in Fact
q Trustee ❑Guardian of Conservator
o Other: __ _.,
Signer is Representing: _ ____~
Page 419 of 508
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies onEy 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 San Francisco
On ____.May 1, 2019 before me, K. Zerounian, Notary Public
(insert name and title of the officer)
personally appeared Betty L. Tolentino .,
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are
subscribed to the within ins#rument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the
person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
K. ZEROUNIAN
~~~'~ Notary Public - Callfornla r
-'~ San Francisco County
Commission ~ 21~I730
My Comm. Expires Jun 19, 2011
Page 420 of 508
Travelers Casualty and Surety Company of America
~~► Travelers Casualty and Surety Company TRAVELERS ~ st. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casua{ty and Surely Company, and Sl.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Seriy L Tolentlno of San Francisco
California ,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
1~y'~IL
~l~M ~f~Y `y~~~ r ~Na 6 ~,`~
~ ~H ~~*
~~~ttf~~ ~ MAHTfOi~~ ~ ~ _
J ~ h• J *Y' ~S1
Stale of Connecticut ~ ' ,,
By:_C~c.~ .• ~3_r
City of Hartford ss. Rabert L. Raney, Se or Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for tfie purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. o T~
My Commission expires the 30th day of June, 2021 ~ ~µµ~ ~~JV.~- C.
# ~~~o * Mar e C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vlce Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may glue such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recogni2ances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated this 1st day of May , 2019
►~~tr ...r atia ~~ ~ `~ f
~W14'IidiK~ a ►UAIFOFlD, + ~ M~~ CON'1. it ~ GON1t a+ ((~y
w~
Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power ofAtto~ney, please ca// us at 1-800-421-3880,
P/ease refer to the above-named Attorney-in-Pact and the detai/s of the bond to which the power is attached.
Page 421 of 508
BIDDER'S STATEMENT OF QUALIFICATIONS
1. ORGANIZATION
1.1 How many years has your organization been in business as a Contractor? 67 years
1.2 How many years has your organization been in business under its present name? 3~ years
1.2.1 Under what other names has your organization operated?
General Pump Service In~~►rpurttted
1.3
1.4
If your organization is a corporation, answer the following:
1.3.1 Date of incorporation/organization: 1952
1.3.2 State of incorporation/organization: California
1.3.3 Corporate ID number. 95-3551896
1.3.4 Name of President: Michael Bodart
1.3.5 Agent for Service of Process: N/A
If your organization is a partnership, answer the following:
1.4.1 Date of organization/formation: N/A
1.4.2 Type of partnership (if applicable):
7.4.3 Names) of general partner(s):
1.4.4 List all states in which you are registered and state ID numbers for each:
1.5 If your organization is individually owned, answer the following:
1.5.1 Date of organization: N/A
1.5.2 Name of owner:
1.6 If the form of your organization is other than those listed above, describe it and name the
principals:
Page 43 of 176
Page 422 of 508
2 LICENSING
2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or
license: numbers, end carec~ o_ry of Ilcense if appiir;~~bl~.
2.2 List jurisdictions in which your organization's partnership or trade name is filed.
.1~1L~ _____--- -- - - - ----
2.3 List any licensing suspensions and/or violations assessed against your organization within the past
five years.
N/A
3. EXPERIENCE
3.1 List the categories of Work that your organization normally performs with its own
personnel. __
~'~'dter Nell & 1'wn~~ Itchab ~cr~•iccs, Well Destruction, Test numnin
3.2 On the Experience Form, list the project information that establishes that Bidder meets the
essential requirements for qualification set forth in the Mandatory Qualifications paragraph
of the Notice Inviting Bids for this Project.
3.3 Have Subcontractors for well and booster motor pump repair Work complete the Specialty
Contractors' Statements of Qualifications (or Bidder to complete if self-performing).
3.4 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).
3.5 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 apublicly-traded corporation.
4,1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or
employees been a defendant in court, or participated in an arbitration or mediation, on a
matter related to:
4.1.1 The performance, non-performance, default, violation, or breach of a contract or
agreement?
Page 49 of 176
Page 423 of 508
q YES ~ NO
~ 4.1.2 A vehicle collision or accident involving your firm's employees?
❑YES C~NO
4.1.3 Damage to real property arising out of your services or operations?
q YES ~ NO
4,1.4 Employment-related litigation brought by an employee of your firm?
q YES L~ NO
4.1.5 Payment to a subcontractor or supplier?
q YES L~ NO
4.1.6 Defective, deficient, or substandard work?
q YES ~ NO
If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or
entity that sued (i.e., "the plaintiff°) or was involved in the mediation or arbitration; list the
date, court, court address, and case number; describe the facts 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?
q YES L~ NO
If YES, identify the government entity or client; list the date, court and case number;
describe the facts antl circumstances about the claim for damages, or the lawsuit, or both;
and set forth the outcome or disposition. Attach additional sheets as necessary.
4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of
its owners, partners, officers, or employees?
q YES ~ NO
If YES, identify the name of the person or entity entitled to payment; list the date court and
case number; describe the facts and circumstances giving rise to the judgment or lien; and
set forth the amount of the judgment or lien. Attach additional sheets if necessary.
` 4.4 In the past live (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
j employees, or (b) determined or concluded that your firm or any of its owners, partners,
Page 9 5 of 1'7 6
Page 424 of 508
~"~`'
t-
.. ~.
KEY PERSONNEL
MICHAEL G. BODART, PRESIDENT /DIRECTOR OF ENGINEERING
Academic University of Missouri -Bachelor of Science in Civil Engineering
Background Post Graduate C.E. Courses in Geohydrology, University of Southern California
Certifications 1999-Byron Jackson 'Training Certificate
199$-Grade 1 & 2 Distribution and Treat►nent Certificates
199$-Engineering "A" License
1995-Dale Carnegie Course
1995-Mackay Pump Rehabilitation Certificate
1992-Golden State Pump Technical Training Certificate
1990-Completed Graduate C.E. Courses in Geohydrology at U.S.C.
1986-Layne &Bowler Pump School Certification
1986-Baroid 1-week Drilling Fluid Technology Course Certification
1985-National Water Works Correspondence Course Certification
Professional Gcneri~l Pump Company, lnc. -President / Director of Engineering - 1993-Present
Experience Lavine Western -Regional Engineering and Sales Manager (4 offices)
Federal Hi~hwav Administration -Civil Engineer
Professional
Presentations Michael G. Bodart (Mike Bodart} is recognized as an expert in the field of pump
engineering and well rehabilitation in southern California. He has been invited to speak
for numerous professional water related associations and conventions. Has been speaking
professionally f'or more than 25 years and has presented in nationally known associations
such as AWWA, Tri-State, Southern California Water Utility Association, Inland Water
Works Association, Groundwater Resources Association tend Central Coast Water
Association. In 1992, Mike was part of a selected six-person panel engineers who met in
Kansas City to assist in training nationwide engineers in the water well pump business.
THOMAS A. NANCHY, SR. PROJECT MANAGER / YRUJECT ENGINEER
Professional
Experience Tom Nanchy, Sr. Project Manager, has been in the well and pump industry for over thirty
(30) years. Throughout his professional career, he has been involved with hundreds of well
rehabilitations and is highly regarded in the industry. His wide range of experience allows
him to solve many difficult well and pump issues and provide options. He has also spoken
at many professional organizations throughout California with regards to well maintenance
and well rehabilitations. Tom is AWWA certified pump installer and a certified pump
installer for Large Water Systems (NGWA). He is factory trained and certified by Byron
Jackson and Cla-Valve. Tom also holds a certificate with the Mine Safety and Health
Administration (MSHA).
Page 425 of 508
~ ~_ti'.
,1 r,. J ~" I " ~
'• ' '~: 1.
WALTER "RAY" REECE JR. BSBM-BSBA, GENERAL MANAGER
Professional
Experience Combined 40 years of experience managing businesses providing well rehabilitation,
maintenance, well drilling, coring, pump manufacturing, and investigative drilling in the
environmental, mining, energy and water resource industries. Earned two Bachelor of
Science degrees in Business Administration and Management including a Finance focus.
Identified, developed and negotiated contracts with private, public and governmental
agencies to safely and successfully provide well rehabilitation technologies, pump and
motor maintenance, drilling and construction services for a variety of applications. Ray
has devoted time to technological transfers of information by conducting industry related
seminars and guest lecturing at High Schools, Colleges, Universities, SME, AWWA, and
the California Nevada American Water Works Association (Cal-NV AWWA).
FERNANDO MUNUZ. UPEItATIUNS MANAGER
Professional
Experience Over 30 years' experience of quality control to ensure pumps are ready for installation,
schedu 1 ing and management of shop and tield production crews, and day-to-day
management of those Company areas.
Certifications Grade 2 -Distribution Certificate
Grade 2 -Water Treatment Operator
JAMES M. HINSON, SR. APPLICATION ENGINEER
Professional
Experience Over 30 years' experience of pump engineering. Conducts systems analyses, defines new
and/or replacement hydraulic requirements, designs to procurement of materials.
LUIS A. BUSSO, P.G., SR PROJECT GEOLOGIST
Professional
Experience Professional groundwater work for the past 13 years encompassing field monitoring and
technical report writing for siting, geologic log analysis, design, construction, pump
testing, water quality sampling, and rehabilitation of municipal-supply and irrigation-
supply water wells. Combining geologica) and industry knowledge toward well project
developments on behalf of water districts, cities, farmers, and other private owners within
Central and Southern California. He currently works alongside Ray Reece, at General
Pump Company's Camarillo facility to design and implement pump and well solutions for
the clients in the greater Santa Barbara and Ventura Counties.
Academic
Background University of California Santa Barbara — Bt~chelor of Science in Geologic Studies
Page 426 of 508
1 r +
~~ ~. a ~ ~::II.
MARK HAAS, PROJECT MANAGER
Professional
Background Professional background includes l3 years' experience within the well and pump
industry. His experience includes Field Service Technician, AirBurst~ Operations to
include R & D for Frazier Industries and Bolt, Technologies for air gun operations and
functionality and Certified Crane Operator.
MICHAEL R. GARCIA, PROJECT ENGINEER
Professional
Background Work alongside Project Manager to ensure progression and completion of pump
projects. Review project specifications and prepare documents for engineered
projects including as-built drawings and field crew instructions. Assist in project
coordination and communication between field crews, vendors, and customers.
Academic
Background Loyola Marymount University, Los Angeles-Master of Science in Mechanical Engr.
University of Redlands, Redlands -Bachelor of Science in Physics
DANIEL J. PICHARDO, PI2UJECT ENGINEER
Professional
Background Coordinate with project managers, operations manager, and senior applications engineer
for materials procurement for all existing projects. Communicate with vendors and
customers for timely delivery. Maintain safety manuals for continued safety compliance.
Academic
Background Seattle University -Bachelor of Science, Civil Engineering, Mathematics Minor
J. ALFREDO ('~FRCDDY") RAMIREZ, PROJECT MANAGER
Professional
Background Professional background includes 21 years' experience within the well and pump industry.
His experience includes designing complete pump assemblies, performing well rehabs,
well destructions as well as welding. His wide range of experience allows him to have
knowledge in multiple fields in the industry.
Page 427 of 508
STATEMENT OF QUALIFICATIONS
CAPABILITIF,S
General Pump Company, tnc. is a Professional Well Redevtloprnent and Pump Equipment contractor
located in San Dimas and Camarillo, California. "('he Engineering staff, field support and service crews,
and office suppo~~t staff' are IUO% dedicated to well evaluation and rehabilitation, and pump equipment
evaluation and services.
The technical staff at General Pump Company, lnc. has worked in almost every aspect of the well and
pump industries. This diverse experience provided us with unique qualificatio~~s to serve our customers
and provide them with solution-oriented approaches to get their system back into operation. Uur
engineers and Hydrogcologist have all worked in the drilling and design segment of the water, and/or oil
and gas industries, and many of our slop and support technicians have worked for major pump
manufactures.
General Pump Company, Inc. employs only experienced Engineers, Hydrogeolo~ist and Technical Field
Personnel that can offer Customers assistance in the following areas:
• Assess Well Yields to Mini►nizc Operating and Maintenance Cysts
• Determine the Efficiency of Production and ASR Wells and Pumps
• L;ngincered Pump and Well Equipment
• Pump Facility Uesign and Construction /Booster Facility nesign and Construction
• Pipeline Design and Construction
• Appropriate Mechanical and Chemical Redeveloprr►ent
• Periodic Monitor and Maintenance Programs
• Water Quality and Production Solutions /Well System Optimization
• Engineered Pump Suctions
• Pump and Motor Repair /Custom Pump Design and Machining
• Electrical, SCAUA and "t'ransducer Support
• Casing Repair and Swedgin~
• Video and Geophysical logging Support
General Pump Company, Inc., an Engineering Service Company, is dedicated to supporting the ongoing
needs of the Water Industry, arcd committed to providing:
• Solution-oriented engineering using problem-solving techniques by degreed F,ngineers with
diverse well system and groundwater experience, and pump application engineers from major
pump manufacturing companies.
• Full-time machine shop, staffed with experienced personnel capable of building and repairing
standard and custom pu►np equipment and specialty products.
Sett=contained chemical trailers to include safety support and operational controls.
Trained and certified operators for periodic monitoring and maintenance programs.
• In-house training facility and training programs for customers and our own personnel.
• Strong project and construction management for any size project.
• Instant communications with cellular radio/phones for all staff, engineering, technical, field and
shop personnel, resulting in better services at a reduced risk and overall cvst.
• Modern, safe and reliable equipment with the Only Telescoping Welt Rigs with Spudders in the
industry which are required foe effective redevelopment of wells in pump houses.
Page 428 of 508
~'~~~'
~.~~~~
SAFF,TY
Safety is paramount when men and equipment arc involvccf. A good safety record is important along with
adequate insin•ance and bondii~~. General Pump Ce~~lipany, laic. I~as the hest safety record in Southern
Califorr~i~ f'or the water well and puiTip rehabilitation busii~css. Over tl~c past years, General Pump
Company, Iric. has had minimal loss of ti►i~e for work related injiu-ies
ANNUAL CQN"I'1tACTS
f~ward of an ilnnual Contract is ~i great honor and to have an Annual Contract renewed year after year is
the ~;ceatest cuiuplcil~erit to a service company. It droves that the contractor has met or exceeded the
CL1S[O1Tlel'S' set ~,oals acid expeclatio~~s. General P~unp Comp~►ny, lnc. has been selected by ever 45 cities
in Southern California to maintain their well and pumping systems. We IlaVe II101'e', A1111U~1I CUlltl'~iCtS Wlt~l
cities than all our competitors combined. ndditic~r~ally, General Pump Compcifly, lnc. is the priit~ary
contractor ~r sole-source contractor fior 15 private utilities and water districts. Most of these arc rnulti-
yearcontracts having been renewed several tiit~es over.
MACHINE SHOP CAYABILITIF,S
Gc;ncral Pump Company, Inc. is the only well and pump Service Goinpany in Souther► Ci1Il~vI'Ill~1 that
builds 100% of our bowl assemblies. This level of crpertisc, 1IOtl~ Wlt~l 011l' I11-}IOUSC Ill<iC}IIIIIII~, allows
us to supply or repair with a greater level of knowledge that your ~wnp equipment will be reliable and
efficient.
Our rc;pair ac~cj fabrication facility maintains the most complete line of lathes, welding and associated
tTlilCI11111I1~ tOOIS.
General Pump Company, Inc. has an expensive repair a►~d f~ibricatic~n i~~ciliry. This facility has proven to
be invaluable dw~irlg our 66 years of business, since many ~~ump and motor repairs require a strong
interface between iT~achir~ing, welding and electrical su~~pc>>~t in order to be co~i~pleted. We have three
major ~;rou}~s within our repair atul fabrication f~icility that allow us to serve y~~u• needs in a variety of
ways:
• H'abrication and Machining: lnclucii~~~ lathes, IIU~IIII~ IT1iiC}11ileS, grinders, balancing machines,
flame welding, gas and electric welding, heli-arc, etc. We pe~•f'orm welding on steel, alun~inu~n,
brass, cast iron, resurtacin~;, and custom work.
We repair all types of putl~ps by all ►T~anufact~lrers in o~~r facility up t~ appr~~imately Z~-1IlCIl
irlipcller diameter for single and ~Tlulti-stage Horizontal Humps and 3U-inch diameter for Vertical
~1'urbinc Nwnps.
• Assembly: lip general, the purt~ps we sup~~ly ire designed and manufactured by General Pump
Company at one of yin• En~ineerin~ Service Centers. nssembly of pumps assures the highest
quality product, with the assurance that it is built correctly a►lci will meet the desi~,n criteria
specified.
• Field Services: "this se~•vice has helped us establish ourselves as well and pwnp problem solvers
S1IlCe I11~1R}' Op(;1'~1t10t1~1I ~)1'c)~)IefT1S Cdil ~C' lCilCed LO ~UO!' 1C151dI~d11U11 ~1•actices. Having the proper
diagnostic equipi»ent ~~nd I<i~o~vin~; ho~v to use it distinguishes us as "'i'he [.eader iri Well ai d
Pump Services".
Page 429 of 508
a ~~~~~„ ~~~
~A~1I~[~'f~'
MACHINE SHOP C'AI'~~IiI1.ITICS (('v~r~r~rrrc.~c!)
I'rc~cision Alignment -We've invested in the latest Nrecision AII~il111CI11 lE'Cllllt)IU~'y anal
have established a growing list of customers who use us fior th~sc~ services.
Il~~niov~~l, Install,~tiun, Mcrh~~nical and Startup - We ~CI't01'lll field-testing, removal,
instailatic~n and machinin6 services to offer a turnkey pump service.
General Pun~F~ Cuinpany~, Inc. can provide you with high quality workmanship to meet your water supply
needs. Our hi~;hly spilled employees can also perform repairs on many types of well and booster• E~umps.
Pump Repair
Booster
End Suction
l lari~ontal Split Lase
Vertical "1'urbi~~e
Iti~,l~t-Ankle [rive
In~eller Itebuilciin~
E3alai~cir~g, "I'~•iiilmcd
Eyes & F~ lan~,cs
M,~chine Shop
Shatt Manufactured:
Sleeves Made;
1'hr~t~d5 aii~l ~fa~i~~in~
Mechanical Seals
Re-Machir~c Scat, }-ii~,h
Nressurc, High
High Temperature
F;(aUll'M[?N'1' ANI) I~IFLD tiF[tVICE
Pumps & Ni~tors, Precision
Straighteriin~, Electrical Motors
[3ron~e, Mild Steel, Stainless
Stccl
Ctectric IVlotors
New cYc Overhauled, Rcwo~md,
E3alanced, Custom [3ases,
Shaft Repaired Upgrades
General Pump C'oi»par~y, Inc. n~ai~~tains ~l full service machine shop, clean and safe rigs aild cranes are a
Illlilllllll111 1't'.C]llll'CI11CIlt fOt' fC~t~1~11I11y, duality workmanship and safety.
General !'ump Company, Inc. has seve~~al trucks fully loacie~i with essential equipment to handle il~~ny
urgent repairs in the field. Our well and pump service crews are always ready and wi lli»g to assist your
Water Utility with makinb a repair to keep your well ai d booster facilities running. Just let us know and
we will be ~~~ the way, rcaciy to provide you with the highest quality service available. r
General E'u►np Company, Inc. has the newest tleet of rigs and cc~uip~ncnt i~~ Southern Calitori~ia.
Maintenance and repairs are made at our Sin U1111c~S and Camarillo Facilities to make sure our ticicl
operations can safely and et~#icicntly respond to our cu~tc~n~ei•'s needs. [3elow are the benefits to our
customers.
Keliable ~~~ork - In water emcr~;cncies, it i~ it~tporlant that this lame ec~uip~nent is ready to res~c~nd
without breakdowns.
• Safety -Our new equipme~~t is ►got likely tc~ i»alfui~ction ~•esultin~; in m~~jor ~~anlabe or pu~sible
injuries.
• `t'he most up-to-date equipment to assemble the Customers' pwnps.
~ General Primp Company, lnc. has the only telescoping pump rigs in Soutllcrri C'alif~ri~i~i.
Page 430 of 508
a ~~~~
~ a~o.~
General Pump Company, Inc. has chemical treatment equipment with fully operational safety equipment
that includes eyewash and shower, along with other special redevefapment tools, which allow General
Pump Company, Inc. to perform the most cost-effective cleaning to your wells.
t'ROFFSSIONAL REFCRCNCI?S
Because of General Yump Company's long history in Southern California (over 65 years), we have
selected six (6) cities as references. As we described above in our Proposal, General Pump Cumpany,
Inc. I~as been selected by 45 cities in Southern California to maintain their well and pumping systems.
Upon your request, we can submit additional cities or additional information on other annual contracts.
City of Arcadia — "Porn Tait E26-256-6554
Annual Contract 2003 — Nresent
City of Pasadena —Michele Carina 626-744-7012
Annual Contract 1982- Present
City of OrAnge —Son Tran 714-288-2497
Annual Contract 1997 -Present
City of Westminster —Scott Miller 714-895-2876
Annual Contract 1995 - Nresent
City of Santa Munica —Gary Richinick 310 826-67 l 2
Annual Contract 1979 -Present
City of Glendora —Steve Patton 626-914-8249
Annual Contract 2002 -Present
City of Chino Hills —Steve Setlak 909-364-2806
Annual Contract 1999 -Present
Please let us know if' yuu would like contacting names and p}lone numbers for other General Piirnp
Company, Inc. customers or annual contract 1lolders. We can also s~ipply you with a list of ~;ngineering
Companies that we consult with and who regularly contract direct with General {'u~np Company, Inc.
-UOO-
Page 431 of 508
GENERAL PUMP COMPANY, INC,
LIST OF CURRENT PROJECTS
Project Description of Completion Cost of Contact Namel
Bidder's Work Date Bidder's Phone Number
Work
Ontario -~~'cll -1S ~y~~l & Purnp Rehab Jul}~ 2018 5170,000 Tum U'Neilt
909-395-2G7b
Eastern Munici~a) ~yeU & Purn ~ Rchab E July 2018 5185,000 Dave Browne
Well 36 951-928-3777
Orange -Well 22 Pump Refurbishing June 2018 ~19U,000 Son "f'ran
~~~~2g8_24~~
CUA - Wcl! 1-I I Well &Pump Rehab .June 2018 $80,000 tan Tillery
909-993-1778
Serrano Water - Booster Rehab 'flay 2018 518,000
Jerry Vilander
71 a-538-0079 Howiler Roosters
Pasadena - ~~'ell Rehab 8c Test 575,000 Michele Carir~a
Arroyo Well Pumping April 20lli 626-7a4-7012
V1~`est Valley ~VD - ~,Vell Rehab &Pump June 2018 $130,p~~ ~1oe Schaack
909-875- 1804 V4`el1 18A
Victurville - Well Rehab &New July 2018 5182,000 Arnold Villarreal
Nell 130 Pump Equip 76U-955-2903
Burbank -Well l5 Well Destruction ~y1dy, Zp~g ~70,8U(1 Albert Lopez
818-238-3500
Santa Monica - Well & Nump Ref~ab Cary Richinick
Charnuck Well 13 Chem Trt dune 2018 $245,000 3l0-826-6712
Arcadia - Baidw~in Supply &Install Sept 2~~8 ~~~Z'~~~
Tiffany Lee
Bstr Station New Equip 626-25a-2721
Santa Ana - Cesar $arrera
Weil 37 Nell &Pump Rehab June 2018 5175,000 71 3-647-3387
David Birch
OKn;~rd - 3 ~Vefls Well & Pum Kehab P Sept. 2018 5603 b00 805-385-$l~5
Fountain Valley - yell &Pump Rehab Oct 2018 ~aGS~~~~ ~1'um Grose
2 Wells 714-593-615
M17onterey Park - Ral~~h Martinez
Well 3 ~'~'cll & Yump Rehab December 2U18 ~16Q,000 ~i26.2gp_5552
General ~'ump rCompany~
i
has an ad itional 67 on-g ing projects t at are similar.
Additional info~-rnation can he sub fitted u on retest. _~_
Page 432 of 508
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
1 SAFETY PROGRAM DOCUMENTATION C le Ong
a. Do you have a written safety program manual? Ye No
1) Last revision date _ 03/30/18
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~10 ~
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 ~Ye~ No
of your safety program? L----~
c. Does management set corporate safety goals? Yes No
d, Does executive management review:
[~ Accident reports? Yes o
[^f Safety statistics? Na
q Inspection reports? No
e. po you safety pre-qualify subcontractors? es No
f. Do you have a written policy on accident reporting Yes No
and investigation?
g. Do you have a ligf~t-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? es No
j. Dv 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
q Reasonable cause testing Alcohol testing
Q Post accident testing ❑National Institute on Drug Abuse
q Panel Screen
k. Does each level of management have assigned safety ~ Yes1Jo
~--' duties and responsibilities?
3. TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
Page 49 of 176
Page 433 of 508
officers, or employees violated any laws, rules, or regulations?
q YES ~ NO
If YES, identify the government entity; list the date, and describe the facts and
circumstances about each instance. Attach additional sheets as necessary.
4.5 In the past five (5j 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 polo
contendere, or a forfeiture of bail.)
q YES C~ NO
If YES, identify the government entity; list the date, court and case number; describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or
employees been convicted of a crime involving embezzlement, theft, fraud, forgery,
bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records
or evidence, or receiving stolen property, or making or submitting a false claim?
q YES ~ NO
If YES, identify the crime or offense; list the date, court and case number; describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been
convicted of a felony?
q YES ~ NO
If YES, please explain the details of that conviction and, if so, whether you or said officer
have served his or her sentence.
4.8 In the past five (5) years, has a government entity determined or concluded that you, your
firm, or any of its owners, partners, officers or employees made or submitted a false claim
(including a false claim for payment), or made a material misrepresentation?
q YES L~ 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.
Page 46 vi 116
Page 434 of 508
q YES ~ NO
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
fs "Yes°, please provide the details of such complaint.
q YES C~NO
5. FIRM'S OPERATIONAL STATUS
5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed
for bankruptcy, insolvency, receivership, or reorganization?
q YES L~ NO
If YES, list the filing date, identify the court and case number; describe the facts and
circumstances giving rise to each instance; and set forth the disposition or current status.
Attach additional sheets as necessary.
5.2 In the past five (5) years, has your firm had an consolidations, mergers, acquisitions,
closings, layoffs or staff reductions?
q YES ~ NO
If YES, list the filing date, and describe the facts and circumstances about each instance.
Attach additional sheets as necessary.
S.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 L NO
If YES, describe the transaction; list the anticipated date for completing the transaction,
laying off employees, or reducing staff; and describe the facts, circumstances, and reason
for taking the action. Attach additional sheets as necessary.
6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE
6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise
prevented you or your firm from bidding on, contracting, or completing a construction
project?
q YES C~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
Yage 47 of 176
Page 435 of 508
action against your firm. Attach additional sheets as necessary
6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you
or your firm is a "non-responsible" bidder or proposer?
q YES ENO
If YES, identify the name of the government entity, list the date, describe the facts and
circumstances about each instance, and state the reason or basis for the government
entity's determining that your firm was a "non-responsible" bidder. Attach additional
sheets as necessary.
6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a
contract or an agreement with a government entity or a client?
q YES ~l NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of
another firm which failed to perform a contract or agreement?
q YES ~ NO
If YES, list the date, and describe the facts and circumstances about each instance. Attach
additional sheets as necessary.
G.S. Has your firm ever advised a government entity or a client, while your firm was under
contract with the government entity or client, that your firm could not (or would not) fulfill or
perform —either partially orcompletely —the contract or the agreement based on the prices
that your firm had originally submitted in a Bid or a Proposal?
q YES C~NO
If YES, list the date, identify the name of the government entity or client, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.6. Has your firm ever requested a government entity or a client, while your firm was under
contract with the government entity or client, to renegotiate one or more terms of the existing
contract or agreement?
q YES LINO
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 48 of 17 6
Page 436 of 508
q YES C~ 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?
q YES L~ 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?
q YES ~ NO
if YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated
damages on a contract or agreement?
q YES C~NO
If YES, identify all such contracts/projects by owner, owner's address, the date of
completion of the project, amount of liquidated damages assessed, and all other information
necessary to fully explain the assessment or payment of liquidated damages. Attach
additional sheets as necessary.
7 INSURANCE AND BONDS
7.1. In the past ten years, has an insurance company or a surety company:
7.1.1. Refused to insure your firm for liability coverage?
q YES C~NO
7.1,2. Canceled ornon-renewed your firm's insurance coverage?
q YES I~ NO
7.1.3. Refused to issue your firm a bond?
q YES C~NO
7.1.4. Canceled or revoked a bond obtained by your firm?
q YES L~ NO
Page 4 9 o f. 17 6
Page 437 of 508
If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance
company or surety company, list the date, and describe the facts and circumstances about
each instance. Attach addition sheets as necessary,
7.2 In the past ten (10) years, has an insurance company or surety company made any
payments on your firm's behalf as a result of a default, to satisfy any claims against a
performance bond, payment bond, or maintenance bond issued on your firm's behalf?
q YES L~ NO
If YES, identify each contract completed or amount of each claim, the name and telephone
number of the claimant, the date, grounds and current status of the claim, and if resolved,
the method, nature, and amount of the resolution. Attach addition sheets as necessary.
8. SURETY
8.1 If a performance and/or payment bond is required by this bid, identify the bonding company
if arrangements for the bond have been made; if not, identify the bonding company for the
Contractor's most recent project.
'Travelers Yruperty Casualty & Surehy Company of America __
8,2 Name and address of agent:
~itil~~t~~ ' '- ~' ILCC~LIIL'1_1L'l.l..s,~~, __
All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted
in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed
by the Bidder.
hereby certify under penalty of perjury under the laws of the state of California that the representation made herein
are true and correct. 1
Signature of Bidder __
titirha~~l Bc~~lart
Page 50 oL 176
Page 438 of 508
BIDDER'S EXPERIENCE FORM
PROJECT NAME: On-Call Well and Booster Pump Repairs
COMPANY NAME: General Pump Company, lnc.
'*"Please use additional sheets if necessary
List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice
Inviting Bids for this Project.
CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE
START DATE FND nATF S AMnl1NT AGENCY ADDRESS CONTACT NAME Nl IMRFR
1
3
May' 2018 On-Going ~ 79,000
Annual Maint. 240 W. Huntington Dr.
Tum Tait 626-256-655 City of Arcadia Arcadia, CA 9106b
July 2018 On-Going ~ 400,000
Annual Maint. 1228 S. Bundy Dr.
Ga ~ Richinick rJ 310-826-6712 City of Santa Monica Los An eles, CA 90025 g
July 2017 July 2018 ~ 102,000
Annual Maint. l l6 E. Foothill Blvd.
Steve Patton 626-91~-829 City of Glendora Glendora, CA 91740
All of the above statements as to ex 'ence are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information
is guaranteed by the Bidder. ! he by ce under penalty of perjury under the laws of the state of California tha# the representation made herein are true and
correct. ~
Signature of Bidder
Print name: Michael Bodart
State of Ca!'rfornia Contractor's License No. 496765 Contractor's License expiration date ~pQ~~n14
Page 47 of 176
Page 439 of 508
CONTRACTOR SAFETY QUESTIONNAIRE
Company Name. General Pump Company, Inc.
Primary Type of Work: ~'~ter Weil &Pump Rehab Services, Well Destruction, Testing pumping
Person Completing Form: Michael Bodart
Title: _ President /Director of Engr. Phone Number:
Date: 05/U9/i 9
909-599-9606
SAFETY PERFORMANCE
1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years.
20 19 055
20.E 058
20.E 059
2. List your company's number of injurieslillnesses from your OSHA 300 logs for the three most recent years.
20 ~ g 20 17 20 l6
a. Fatalities 0 0 ~
b. OSHA recordable incidents 0 U ___p_
c. Lost work day incidents 0 0
d. Total lost work days _~ ~_ 0
e. Total hours worked 126.732 119.815 1 ~~.011
3. Upon request from the City, the contractors) shall provide copies of the following items (a-g); and Items (d-
g)for each listed Subcontractor
a). OSHA 300 logs for the most recent three years
and current year-to-date
b~. Verification of ERM from your insurance carrier
c). Injuryllllness Report
d). Complete written Safety Program
4. Company Safety Contact:
a. Name ____F~tinandn ~nQ,.
b. Phone 909-599-9606
e). Training Plans
fl. Training Certificates for Employees
g). Emergency Response Training
1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type
and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium.
Page 48 of 176
Page 440 of 508
5.
8.
WORK RULES
a. Do you periodically update work rules?
When was the last update?
What work practices are addressed by your work rules?
Yes o
q CPRlfirst aid ❑Access—entranceslstairs
Q Barricades, signs, ❑Respiratory protection
and signals
q Blasting 0 Material handlinglstorage
(~ Communications Q Temporary heat
(~ Compressed air and gases Q Vehicle safety
Q Concrete work [] Traffic control
Q Confined-space entry ❑Site visitor escorting
Q Cranes/rigging and hoisting ❑Public protection
(Q Electrical grounding [] Equipment guards and grounding
q Environmental controls and Q Monitoring equipment
Occupational health
Q Emergency procedures ❑Flammable material handling/storage
Q Fire protection and prevention ❑Site sanitation
q Floor and wall openings ❑Trenching and excavating
0 Fall protection ~ LockouUTagout
Q Housekeeping ❑Energized/pressurized equipment
Q Ladders and scaffolds
~ Mechanical equipmenU Q Personal protective equipment
maintenancelpre-opchecks! Q Tools, power and hand
operation ❑Electrical power lines
q Welding and cutting (hot work) ❑Other
OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years?
b. Were these inspections in response to complaints?
c. Have you been cited as a result of these inspections?
If yes, describe the citations (add additional sheets if necessary):
N/A
Ye No
Yes
Ye No
Page 51 of 176
Page 441 of 508
~~ loot Appl~i«a~le
DESIGNATION OF SUBCONTRACTORS
NAME OF BIDDER; Gcneral Pu~»~ Cumpany, Inc.
Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or
render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed
in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the
Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in
excess of one-half of one percent of the Contractor's Base Bid ARiount. Each Subconkractor must have an active and
current license, and all requisite specialty certifications, when listed.
Bidder must provide the following information for EACH Subcontractor,
1. The name of the Subcontractor;
2. The trade and type of work that the Subcontractor will perform;
3. Location (address} of Subcontractor's place of business;
4. Subcontractor's license number; 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 Contractor's Base
Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency
or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts
constituting the emergency or necessity.
If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City
may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an
amount not more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited
in the fund out of which the prime Contract is awarded.
If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more tf~an one Subcontractor for the
same trade or type of Work to be performed under the Contract inexcess ofone-half of one percent of the Contractor's
Base Bid Amount, then the Contractor agrees that helshe is fully qualified to perform that Work himself/herself, and
that helshe shall perform that Work himselflherself, If after award of Contract, the Contractor subcontracts any such
Work, the Contractor will be subject to the statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOLLOWING PAGE
Page 52 of "176
Page 442 of 508
_ .._
Please type or legibly print (attach additional sheets as necessary).
ppl
Public Works E
License Contractor Dollar ($) Value Number Registration
Number
i` ;:
1
cable ~
I
Page 53 of 176
Page 443 of 508
The Contractor shall not:
A. Substitute any person as Subcontractor in place of the Subcontractor listed in fhe original Bid, except that
the City may consent to the substitution of another person as Subcontractor in any of the following
situations:
1 When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, faits or
refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and
at the price specified in the Subcontractor's bid, when that written contract, based upon the general
terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written
Bid, is presented to the Subcontractor by the Contractor;
2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
3. When the listed Subcontractor fails or refuses to perform hislher subcontract;
4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as
set forth in Public Contract Code Section 4108;
5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the
result of an inadvertent clerical error;
6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law;
7. When the City determines that the Work performed by the listed Subcontractor is substantially
unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the
Subcontractor is substantially delaying or disrupting the progress of the Work;
8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code; or
9. When the City determines that the listed Subcontractor is not a responsible contractor.
B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone
other than the original Subcontractor listed in the original Bid, without the consent of the City.
C. Other than in the performance of "change orders" causing changes or deviations from the original
Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the
Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor.
Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the
listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be
served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who
has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the
~ substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution,
j If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed
~~~~~ Subcontractor of a hearing by the City on the Contractor's request for substitution.
The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall
within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice
to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the
Contractor prior to the Bid Deadline.
Page 54 ~f 1"7 b
Page 444 of 508
Xx Not Applicable
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with hislher Contract proposal.
1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your
bid? Yes q 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 sancEions to
attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes q No q
5. If the answer to No. 4 is "Yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of the threats.
(e) Additional comments:
(Use additional paper if necessary)
6. Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area
subcontractors? Yes q No q
7. Was a conscious effort made to recruit and hire project area lower-income residents?
r Yes n No q
~~. 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 bidder.
Name of Company
By~ .- ---
1~itle;
Pa e 55 of 176 9
_~
Page 445 of 508
-~e NQ~~- ~~~l~~ll~~°~io~~
SPECIALTY CONTRACTOR OR SUBCONTRACTOR STATEMENT OF QUALIFICATIONS
WELL AND BOOSTER PUMP REPAIR
As part of its Bid, Bidder shall submit this Statement of Qualifications for the Subcontractor that will perform the
{Insert specialty sub-contractor work}, or for the Bidder itself, if Bidder will self-perform the well and booster pump
repair Work. This information shall provide evidence to indicate successful experience in providing well and booster
pump repair work comparable to that specified in the Specifications. Referenced qualifications shall demonstrate
experience as a successful contractor in well and booster pump repair.
A Bid may be rejected as non-responsive if Bidder fails to provide this completed form with the Bid or submits this
form with inaccurate information.
Mandatory qualifications: Specialty Contractor (or Bidder, ifself-performing) shall possess a valid C-57 Well
Drilling California Contractors License at the time of the Bid Deadline and at all times during performance of the
Work and shall establish that it satisfactorily completed at least three (3) projects each comparable in scope and
complexity to this Protect, within three (3) years prior to the Bid Deadline.
Specialty Contractor Name:
Project Manager (Foreman: _
Phone No:
1, Project Name'
Address:
Date Completed
Reference /Contact Name:
E-mail:
COMPARABLE PROJECTS (Provide Three (3))
Reference /Contact Phone No:
Description of work performed:
2. Project Name:
Address.
Date Completed
Reference /Contact Name.
Reference /Contact Phone N~~:
Description of work performed'
Page 56 of 176
Page 446 of 508
3. Project Name:
Address:
Date Completed:
Reference /Contact Name:
Reference /Contact Phone No:
Description of work performed:
Page 5l of 176
C~
Page 447 of 508
CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION
STATE OF CALIFORNIA )
COUNTY OF1,~~~ ~in~;~~les~
Michael Bodart ___ __ _ ___ _____.______. being first duly sworn, deposes and says'
President/
1, That he/she is the Dir. of air. (Tide of office if a corporation, "sole owner," "Partner,"
or other proper title) of General Pump ('~►n~ ~~any, Inc. , (hereinafter called "Contractor")
who has submitted to the City of Vernon a Bid for the construction of the On-Call Well and Booster Pump
Repair;
2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true;
3. That said Bid is not made in the interest or behalf of any person, partnership, company, association,
organization, or corporation not named or disclosed;
4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with
anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix
the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of
Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the
interests of the Ciiy of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract;
~~
5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over
any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder,
or anyone else interested in the proposed Contract;
6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any
bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from
considering any bid from any Subcontractor or material supplier, which is not processed through said bid
depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor ~vho
does not use the facilities of or accept bids from or through such bid depository;
Page 58 of 176
Page 448 of 508
j 7. That the Contractor did not, directly or indirectly, submit the Contractors Bid price or any breakdown
thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent thereof, or
to any individual or group of individuals, except to the City of Vernon, or to any person or persons who
have partnership or other financial interest with said Contractor in his/her business. k .
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this 9t1~ day of May/2019
Month/Year
General Pump Company, Inc.
Contractor (Ple~s~,J[1ta_,~
Cdhf~torTs Signature
Michael Bodart
President / Dir. of En~ineerin
Title
at San Dimas CA
City State
CONTRACTOR'S SIGNATURE MUST BE NOTARIZED
Page 59 of 176
Page 449 of 508
CALIFORNIA JU~~~`u' CIVITH AFPIANT ST~`u~~6~EM ~ GOVERR11ti1ENT CODE § 8202
,... ;;c~ at~f ?'r"~` .~_:,.')c~~,~,<•;. c ~ y?,~i~`2}•sys•?r;~~'~'.'~~ `*Ye>atu;f~;~+t?~+ti~z~~~~~sr:~,r-i~t`}s~,Y~"~D{i.x~:~?~;~if~~is"~?~i~~k~r#~ 4~#~~S#;~3'h#;~4s~~,~~kf~ ..
~e~ Attached Document (Notary to cross out lines 1-6 below)
` [~ See Statetr~ent Below (L.ines 1-6 to be completed onl i~ ry)
of Document Signer 1Vo. 7 Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docurTient
to which this certificate is attached, and not the truthfulness, aauracy, or validity of that document.
State of California Subscribed and sworn to (or affirmed) before rli~
County of Las Angeles
A~~xA ~uAR~z
.. ► - Nota Public -California ~ ry z +~: ~ Los Angeles County >
~ Commi55ion q 2266422
F My Comm. Expires Nov 10, 2022
Place Notary Seal and/or Stamp Above
on triis nth day of may
by Date Month
(1) .___- IViich~el liocl~irt
2C~y.
Year
~-
NameO of -Si~r~~r(~)
proved to me on the basis of satisfactory evidence to
be the person(sj who~i before me.
Signature
ptur~
-- -- OPTIOPI~►L
Completing this information can deter alt~ra~i~n of the document or
fraudulent reattachment of this fo~'m Po r~r7 unintended document.
Description ~g ~~~~~~hed Document
Title nr Type of Document: ~_T_. __ __
Document Date:
Signers) Other Tr~an Named Above:
Number of Pages:
.~ "''~ ~` r` ~`~. =isY`fyt=+~'t~i~~`.Y"c.~t~)s4?.s+~~'~?~y~'.iS9ke2Si`fi4`t~fi~e~t~?~S~f~€i4kfti3^~~;~?k34t>S7s`sti4~~;?,~'~i~;S:';3~<.~^°30~#~f?z~j~eLi?"i
0)2017 Nation~i Notary Association
Page 450 of 508
7NE 81QQ~R'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM
AND
THE BIDDER MU5T SUBMIT THIS CERTIFICATION WITH THE BID FORMS.
I, the undersigned (Please check one box} Cl underwriter ❑agent, certify that I and the Contractor listed below have
jointly reviewed the "(nsurance Requirements) in these Bidding Qocuments and the Contract Qocuments. If the City of
Vemon ("City') awards the Contractor fhe Contract for this project, (will be able---within fourteen (14) calendar days
affer the Cont~actar is notified of the Contract's award—to famish the City with valid insurance forms (including one or
more insurance certificates and additional insured endorsements) that sully mEet a(f of the Insurance Requirements.
HUB International Insurance Sexvises, vlc. May fi, 2019
Name of Insurance Company
Sherri Ben-Nun
Date
Insure gent's Nams (Printed) Insurance Agent's Name
signature} ~ -~~~ ~~.%`~r `'"-'~-
10030 Ventura Blvd., Suite 5U0, Fsicino, CA 91436
Address City State Zip Cade
8 87-257-7438 Sherri.bennun@hubintexnational.com
Telephone Number
General Pump Company, Ix~c.
Contractor's Name
FAX Number email Address
City Speciflc~tlon Number
Below State the 1Vame of Insurance Company Providing Coverayo;
DO NOT writeWill Provide,"`Ta Be Determined~0 rVrlhen Required, or s(mslar phrases.
Travelers Pro~c:rty Casualty Co of .tlrnerica 'The Travelers Tndennn~ty Company of
C;onnecNcut
Commercial General Liability
Travelers Property Casualty Co of America
Workers' Compensat(on Liability
City Wil! Purchase Policy, ~f required
builders Risk
Automobile Llabil[ty
Aspect Specialty Insurance Company
Pollution Liability
[NQT~ YO CONTRACTOR; See "insurance Requirements°EXHIBIT 4 of the Contract for the r~uirement of obtain(ng
Pollution Liability Insurance,]
NOTE TO THE UNDEI~WRIT~R 1 AGENT; }f the Insurance forms that the Contractor submits to the City da not fully
comply with the Insurance Requ(rements, andlor 'rf the Contractor fails to submit the forms within the 14-day time limit,
the Cit~r may. (1) declare the Contractor's did non-responsive, and (2) award the Contract to the next lowest responsible
B(dder.
~ Page 60 of 17 6
Page 451 of 508
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 $5,000;
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 Jufy 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. Tf this provision
applies, you must provide a copy of the collective bargaining agreement to the City,
I do hereby certify and declare under penalty of perjury that if awarded the contract for which this
bid/proposal is made. General Pum~~ Com~an~~. Inc. _will comply with the
(Name of Company)— - -- requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVITI ar~d
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 tree contract as well as other
penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII.
Michael Bodart Nreside~~t / llir. of Engineering
L.~
--- --- ~ - ---- (Na e 5~y~19 (Title)
f (Signature) (Date)
Please return this form «~ith your bid/proposal. QueSti~ns concerning the 1_,ivii~g Wage Ordinance should be
~_ directed to the Department of Finance —Purchasing Division 323.583.881 l ,
~~
Paye 61 of 17 6
Page 452 of 508
i~
CERTIFICATE OF EQUAL. ~PPORTUNiTY PRACTICES
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811 Fax (323) 826-1435
Internet: www.cit~ofvernon.orq
Article I, Affidavit of Equal Opportunity Employment &
Non-segregation (Form AA-1)
Article II. Vendor List Questionnaire (Forms AA-2 &3)
In order to be placed to the City's vendor list and be eligible to receive City business, you must
provide the following information except where indicated as "optional." By submitting this form
you are declaring under penalty of perjury under the laws of the State of California and the laws
of the United States that the information is true and correct. Furthermore, you are certifying that
your firm will adhere to equal opportunity employment practices to assure that applicants and
employees are not discriminated against because of their race, religion, color, national origin,
ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location, under its control, where segregated
facilities are maintained.
Name of Company; General Pump Company, Inc.
Business Telephone: __ y09-599-9606
Address: 159 N Acacia St.
City; San Dimas
Contact Person Michael Bodart
Fax Number; 909-599-6238
(optional)
State: ~~~~ Zi 91773 - P --
Tax ID Number (or Social Security Number)
Remit Address (if different)
SAME
E-mail Address
95-3551896
(optional)
Please state clearly and concisely the types) of goods and services your company provides:
VV~ter Well & Yump Rehabilitation; `Pest pumping; Welf llestruction Ftc.
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership
(please check a{I that apply);
African-American______ Asian Armenian_ Hispanic_ Native American________
Disabled Female
Page 62 o f "17 6
Page 453 of 508
Proiect Workforce Utilization (Form AA-2)
This form is to be included in al! 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 contras#.
Name of Company: General Pump Company. Inc. _Project: On-Call Weli and Booster PumQ Repairs
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
Operating Engineer Group 8 t
Pump Installer / SC-23-102-2-2018-1
Laborer Group l / SC-23-63-2-2018-1 ' ' ~
- -- - _----- -- - I -- — -- _ _ _ _.. _ _ I — ----- ._ - ~
~ i
i
Are any current employees or potential
new hires Vernon residents? If so, haw
many? None
{
Page 63 of 176
Page 454 of 508
C~~ rent Parmanen~ Workforce U~ilization (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 lob Classification belonging to the following groups.
White
(not of Hispanic
origin)
African-American Hispanic ~ Asian/Paufic Native ' Armenian
(not of Hispanic j Islander American
origin)
I Male ,Female
~
~
CLASSIFICATION ~
--------Officials/
Managers
- --
Professionals
Technicians ~
Office/Clerical
Skilled Craft Workers
Operators
(semi-skilled}
Laborers
~ Service Workers j~ . I ~
~' TOTAL
~,
Page E4 of 176
Page 455 of 508
City Council Agenda Item Report
Agenda Item No. COV-212-2019
Submitted by: Brandon Araujo
Submitting Department: Public Works
Meeting Date: June 4, 2019
SUBJECT
Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 9 (Contract No.
CS-0099)
Recommendation:
A. Find that the approval of the proposed change order in this staff report is within the Initial Study/Mitigated Negative
Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA)
in accordance with Section 15063 of the CEQA Guidelines; and
B. Approve Agreement Change Order No. 9, in substantially the same form as submitted herewith, for the Atlantic
Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No.
CS-0099, extending the contract length and authorizing CNS Engineers, Inc., to provide the additional engineering
design and coordination services as described below for the additional cost of $114,994.20, increasing the total
contract cost to $1,887,168.48; and
C. Authorize the City Administrator to execute Agreement Change Order No. 9, extending the project schedule from
July 1, 2019 to December 31, 2020.
Background:
The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931 and consists of concrete barrel
arches with an earth-filled roadway and asphalt concrete pavement. The average daily vehicle count is over 50,000
vehicles per day. Atlantic Boulevard is a vital artery serving not only the City of Vernon but is also a gateway to the
southeast community. Due to the narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the
projected traffic volume of vehicles and trucks.
The Atlantic Boulevard Bridge over the Los Angeles River contract ("Contract") was awarded in November 2009 to
CNS Engineers, Inc., for the design of the bridge rehabilitation and right-of-way acquisition support. The Contract will
develop the plans for the proposed widening and rehabilitation of the bridge, which will include widening of the roadway
bridge approaches, modifications of traffic signals, installation of California Public Utilities Commission-approved
railroad grade crossings devices, and flood control channel modifications. Right-of-way activities along Atlantic
Boulevard consist of either Temporary Construction Easements (TCE) or permanent Street Easements (SE) to
accommodate the widening of the bridge and roadway and construction activities. The project will also require the
relocation of conflicting utilities, including power poles from the City’s Public Utilities Department, which is concurrently
developing relocation plans.
AGREEMENT CHANGE ORDER WORK:
The Agreement Change Order is required for several reasons.
Page 456 of 508
First, the City has applied for a Section 408 permit from the United States Army Corps of Engineers (“USACE”).
During the review of that permit application, USACE stated that the City’s Environmental Initial Study ("Initial Study")
did not evaluate the portions of the Los Angeles River that will be reconstructed to make room for the widened bridge
as a historical property. Consequently, the Initial Study would have to be updated in order to consider these portions as
a historical property and judge their eligibility as a historic property. The proposed Agreement Change Order No. 9
includes the cost of hiring a consultant specialized in historic preservation consulting services to re-open the Initial Study,
judge the eligibility of the channel as a historic property, and close the Initial Study.
Second, per the Los Angeles County Flood Control District’s (“LACFCD”) requirements, the legal plat and
descriptions for the easements required within LACFCD’s right-of-way must be revised.
Third, in coordination with BNSF Railway, the need for additional temporary grade crossing modification plans,
updated grade-crossing traffic signal preemption requests, and an updated California Public Utilities Commission
(“CPUC”) General Order 88B Application have arisen.
Lastly, since the last Agreement Change Order, Caltrans has updated its Standard Plans, Standard Specifications, and
Standard Special Provisions. The plans, specifications, and estimate for the project must be updated as a result.
The project schedule will be extended from July 1, 2019 to December 31, 2020.
Agreement Change Order No. 9 has been approved as to form by the City Attorney's Office.
Fiscal Impact:
The current contract amount, including all previous change orders, is $1,772,174.28. The additional cost of Agreement
Change Order No.9 is $114,994.20. If Change Order No. 9 to Contract CS-0099 is approved, the total contract
would amount to $1,887,168.48.
The outstanding contract amount would change as follows:
Previous Outstanding Contract Amount: $194,442.52
Agreement Change Order No. 9: $114,994.20
New Outstanding Contract Amount: $309,436.72
The Outstanding Contract Amount is scheduled to be paid over the next two fiscal years.
The amount estimated to be expended in Fiscal Year 2019-2020 is included in the Department’s Fiscal Year
2019-2020 budget.
Lastly, as a part of the request for Agreement Change Order No. 6, dated November 26, 2014, with the original
proposal dated April 22, 2009 and construction still years away at the time, the original budget for the bidding and
construction support part of the original scope of work no longer reflected the consultants’ costs due to inflation and that
part of the scope of work was removed from the Consultant’s scope of work. City staff will need to bring an additional
change order to City Council prior to commencement of that phase of work.
City staff will continue to attempt to procure additional Federal funds to cover the additional costs.
ATTACHMENTS
Page 457 of 508
1. Agreement Change Order No. 9
2. Request for Change Order No. 9
Page 458 of 508
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
AGREEMENT CHANGE ORDER NO. 9 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS
PROJECT: Atlantic Blvd. Bridge over the Los Angeles River Contract No. CS-0099
FEDERAL PROJECT No. DBPL02-5139(010),EDEN Project No.103001
REQUESTED BY: City of Vernon Supplemental No.
TO: CNS Engineers, Inc. CONTRACTOR P.O. No. 011.0004903
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.
The Atlantic Blvd. Bridge over the Los Angeles River project will be amended as stated
hereon:
Project Schedule Extension
The project schedule will be extended from July 1, 2019 to December 31, 2020.
Contract Cost
Cost adjustment for the contract for additional engineering design, right-of-way acquisition support, and
coordination services.
The additional cost not to exceed: $114,994.20
Contract Amount (Base Bid) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,155,284.38
Amount of This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $114,994.20
Amount of Previous Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $616,889.90
Total Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $731,884.10
Modified Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,887,168.48
By reason of this change order the time of
completion will be increased by: 549 Calendar Days
Approved: Date:
Carlos Fandino, City Administrator
Attest: Date:
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: Consultant:
By: Title:
c: Project File/Contractor/Purchasing Rev. 01/13
Page 459 of 508
Civil and Structural Engineers
11870 Pierce Street, Suite 265, Riverside, CA 92505
Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com
May 9, 2019 (Revised)
Mr. Brandon Araujo, P.E.
Project Engineer
Public Works
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River
Request for Contract Amendment No. 9
Dear Mr. Araujo:
To complete the proposed project, we request a contract amendment for the following extra
work:
1. Extend the contract from June 30, 2019 to December 31, 2020.
The contract will expire on June 30, 2019. It is requested to be extended to December 31,
2020 due to the unforeseen delay in railroad coordination, right of way acquisition and
USACOE 408 Permitting. Additional project coordination will be conducted.
2. Additional Right of Way engineering services:
Modify the legal easement documents in the channel property (APN 6304-007-900)
upstream of the bridge per County of Los Angeles Real Estate’s comments to separate the
easements for an electrical overhead easement, a bridge nose wall/training wall easement,
and a remainder temporary construction easement (TCE).
3. Additional Environmental services:
The United States Army Corp of Engineers (USACE) is currently considering a Section 408
Permit application for the project, and requires the Los Angeles River to be evaluated for
eligibility as a historic property. The cultural resources evaluation requires preparation of a
Supplemental Historic Property Survey Report (SHPSR) utilizing Caltrans Section 106
Programmatic Agreement (PA) with the State Historic Preservation Officer (SHPO) and a
Finding of Effect memorandum. The supplemental cultural study will also update the Area of
Potential Effect (APE) map to address the change of the project elements such as addition of
the pier nose walls and abutment training walls in the channel.
4. Update of the project design per the new 2018 Caltrans Standards and 2018 Standard
Specifications for Public Works Construction (Greenbook):
Page 460 of 508
Mr. Brandon Araujo, P.E.
May 9, 2019
Page 2 of 2
Current industry standards are always improving, and the design standard specifications have
been updated in 2018. It is necessary to review the past design decisions and update the
design drawings and specifications to comply with these current industry standards.
The design update involving the rail crossings also includes preemption calculations, CPUC
GO-88B, and providing four additional Temporary Grade Crossing Modification Plan Sheets.
The estimated cost for all additional effort is $114,994.20.
Current Amended Contract Amount: $1,772,174.28
Proposed New Amendment: $114,994.20
Total Proposed Amended Contract Amount: $1,887,168.48
We look forward to receiving City’s approval for this contract amendment. Should you have any
questions about this proposal, please feel free to contact me at (951) 687-1005 ext.104 or by e-
mail at james.lu@cnseng.com.
Sincerely,
James Lu, P.E., S.E.
Project Manager / Principal
CNS Engineers, Inc.
Attachment: Schedule, Cost proposal backup details
Page 461 of 508
ID Task Name Duration Start Finish12Phase 1: Development of PS&E0 daysMon 7/17/17Mon 7/17/173Roadway and Bridge Design678 daysMon 7/17/17Tue 3/17/204Notice To Proceed 0 daysMon 7/17/17Mon 7/17/175Update 95% Roadway and Bridge PS&E79 daysMon 7/17/17Fri 11/3/17695% Design Review380 daysMon 11/6/17Tue 5/7/197100% Roadway, Bridge and Grade Crossing PS&E45 daysFri 9/6/19Thu 11/7/198100% Design Review45 daysFri 11/8/19Tue 1/14/209Final Design PS&E (Camera Ready)45 daysWed 1/15/20Tue 3/17/2010Secure Railroad and PUC Design Approval 635 daysMon 7/17/17Thu 1/16/2011Prepare and Schedule for the 4th Diagnostic Meeting57 daysMon 7/17/17Wed 10/4/17124th Diagnostic Meeting0 daysThu 10/5/17Thu 10/5/1713Coordinate Approval of Diagnostic Meeting Minutes 60 daysFri 10/6/17Tue 1/2/1814Prepare and Secure Approval of Temporary Grade Crossing Plans425 daysWed 1/3/18Thu 9/5/1915Update Draft GO 88B Application20 daysFri 9/6/19Thu 10/3/1916Submit Draft GO 88B Application0 daysFri 10/4/19Fri 10/4/1917CPUC Draft GO 88B Application Review Period30 daysMon 10/7/19Fri 11/15/1918Prepare Final GO 88B Application10 daysMon 11/18/19Tue 12/3/1919Submit Final GO 88B Application0 daysWed 12/4/19Wed 12/4/1920CPUC Final GO 88B Application Review Period30 daysThu 12/5/19Thu 1/16/2021CPUC Approval / Order to Construct Granted0 daysThu 1/16/20Thu 1/16/2022Secure and Renew Permits610 daysMon 1/29/18Fri 6/19/2023408 Permitting / Supplemetnal Cultural Evaluation520 daysMon 1/29/18Fri 2/14/2024401 Permitting (Renewal)90 daysMon 2/17/20Fri 6/19/2025404 Permitting90 daysMon 2/17/20Fri 6/19/20261602 Permitting (Renewal)90 daysMon 2/17/20Fri 6/19/2027Right of Way Acquisition440 daysMon 10/22/18Mon 7/13/2028Utility Relocation Coordination700 daysMon 7/17/17Thu 4/16/2029Railroad C&M Agreement and PUC Permit192 daysFri 9/6/19Thu 6/4/2030Prepare for RR C&M Agreement Coordination Meeting20 daysFri 9/6/19Thu 10/3/1931RR C&M Agreement Coordination Meeting0 daysFri 10/4/19Fri 10/4/1932Prepare RR C&M Agreement50 daysMon 10/7/19Tue 12/17/1933RR C&M Agreement Review Period50 daysFri 1/17/20Thu 3/26/2034RR C&M Agreement Revision and Resubmittal50 daysFri 3/27/20Thu 6/4/2035Approval of RR C&M Agreement0 daysThu 6/4/20Thu 6/4/2036Caltrans Right of Way Certification30 daysTue 7/14/20Mon 8/24/2037Complete the Design Phase0 daysMon 8/24/20Mon 8/24/2038Update HBP Survey and Caltrans Authorization for Construction180 daysTue 8/25/20Mon 5/3/2139Advertise the Project and Contract Award120 daysTue 5/4/21Mon 10/18/2140Start Construction0 daysMon 10/18/21Mon 10/18/2141Construction Duration ‐ 2.5 Years0 daysMon 10/18/21Mon 10/18/217/177/177/17 11/311/65/79/6 11/711/8 1/141/15 3/177/17 10/410/510/6 1/21/39/59/6 10/310/410/7 11/1511/18 12/312/412/5 1/161/162/17 6/192/17 6/192/17 6/1910/227/137/174/169/6 10/310/410/7 12/171/17 3/263/27 6/46/47/14 8/248/248/255/35/410/1810/1810/18AprJulOctJanAprJulOctJanAprJulOctJanAprJulOctJanAprJulOctJan20172018201920202021Page 1Page 462 of 508
Local Assistance Procedures Manual
Date:
DIRECT LABOR Hourly Rate
Range Hours Total
42 @ 89.50$ 3,759.00$
Senior Bridge Engineer 40 @ 60.50$ 2,420.00$
Bridge Design Engineer 16 @ 43.50$ 696.00$
Senior CADD Designer 16 @ 38.50$ 616.00$
Senior Roadway Manager 28 @ 59.50$ 1,666.00$
0@ -$ -$
0@ -$ -$
Total Direct Labor Costs (DLC)
Rate Total
*%
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined FB, OH and G&A)137.07 % 12,971.98$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 % 2,243.57$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding -$
2. Conference Calls -$
3. Transportation / Travel (Mileage will be IRS standard rate.)-$
4. Overnight Deliveries -$
Total Other Direct Costs
24,679.31$
SUBCONTRACTOR COSTS
KOA Corporation (Traffic) 11,789.11$
Overland , Pacific & Cutler (Right of Way Appraisal and Acquisition)-$
Stantec (Roadway, Right of Way Easements)24,675.69$
RailPros (Railroad)32,117.72$
Converse (Geotechnical)3,104.22$
GPA (Environmental)18,628.15$
Total Subcontractor Costs
TOTAL CONTRACT COST
90,314.89$
114,994.20$
9,463.76$
FRINGE BENEFITS
-$
12,971.98$
2,243.57$
-$
Prime Consultant (CNS) Cost:
Subtotal Direct Labor Costs 9,157.00$
Anticipated Salary Increases (3.35%) (Escalation) 306.76$
Steve Hosford
Project Name:
Consultant:
Hourly Rate
(2019)Classification Name
Project Manager (PM) / Principal
Bridge Engineer James Lu
Quyet Nguyen
Justin Nguyen
Nan Li
Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River
CNS Engineers, Inc. (Prime Consultant)
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL
Federal Project No. 5139 (010)
Caltrans EA No. 0793210L 5/2/2019
Page 463 of 508
Project Name:Consultant: CNS Engineers, Inc. (Prime Consultant)Date: 12/21/17Task No. Task DescriptionProject Manager (PM) / Principal Bridge EngineerSenior Bridge EngineerBridge Design EngineerSenior CADD DesignerSenior Roadway ManagerTotal Hours Labor Cost(loaded billing rates) $ 241.21 $ 163.06 $ 117.24 $ 103.76 $ 160.36 1.01.01 Meetings and Coordination 16 12 28 5,783.75$ 1.02 Project Administration and Project Controls 12 12 2,894.57$ 1.03 Quality Control and Quality Assurance 16 16 2,565.76$ 1.04 Caltrans Local Assistance Funding Supports0-$ 2.02.01 Data Collection0-$ 2.02 Field Review and Site Assessment0-$ 2.03 Design Surveys and Orthophoto0-$ 2.04 Right-of-Way Research and Base Mapping0-$ 2.05Utility Notification and Identification including Potholing0-$ 2.06 Geotechnical Investigations0-$ 2.07 Limited Phase II Soil Sampling (RR Contamination)0-$ 2.08 Diurnal and Nocturnal Bat/Nesting Bird Surveys0-$ 2.09Bridge Aesthetic Analysis and Historic Preservation Report0-$ 2.10 Roadway Drainage Report0-$ 2.11 Storm Water Quality Documentation0-$ 2.12 Railroad Phasing and Signal Requirements0-$ 2.13 Channel Hydraulics and Modification Requirements 0 -$ 3.03.01Resource Agency Permits (CDFG 1601, RWCB 401 and ACOE 404 and 408)0-$ 3.02 CPUC General Order 88B Application0-$ 3.03 Railroad C&M Agreement Assistance0-$ 3.04 Utility Relocation Supports0-$ 3.05 Right-of-Way Plats and Legal Description0-$ PS&E InitiationCITY OF VERNONCost Proposal - Man Hour WorksheetAtlantic Blvd. Bridge over the Los Angeles RiverPhase I: Development of Plans, Specifications and Estimates (PS&E)Project ManagementDesign CoordinationPage 1 of 3Page 464 of 508
Project Name:Consultant: CNS Engineers, Inc. (Prime Consultant)Date: 12/21/17Task No. Task DescriptionProject Manager (PM) / Principal Bridge EngineerSenior Bridge EngineerBridge Design EngineerSenior CADD DesignerSenior Roadway ManagerTotal Hours Labor Cost(loaded billing rates) $ 241.21 $ 163.06 $ 117.24 $ 103.76 $ 160.36 CITY OF VERNONCost Proposal - Man Hour WorksheetAtlantic Blvd. Bridge over the Los Angeles River3.06 Right-of-Way Easement/Acquisition Supports0-$ 4.04.01 Roadway Plans0-$ 4.02 Stage Constructing Plans0-$ 4.03 Utility Plans0-$ 4.04 Drainage Plans0-$ 4.05 Traffic Signal Plans0-$ 4.06 Work Area Traffic Control Plans0-$ 4.07 Signing and Striping Plans0-$ 4.08 Street Lighting Plans and Sign Illumination Plans0-$ 4.09 Channel Modification Plans0-$ 4.10 Bridge Unchecked Plans0-$ 4.11 Grade Crossing Plans0-$ 5.05.01 Roadway Plans0-$ 5.02 Stage Constructing Plans0-$ 5.03 Utility Plans0-$ 5.04 Drainage Plans0-$ 5.05 Traffic Signal Plans0-$ 5.06 Work Area Traffic Control Plans0-$ 5.07 Signing and Striping Plans0-$ 5.08 Street Lighting Plans and Sign Illumination Plans0-$ 5.09 Channel Modification Plans0-$ 5.10 Bridge Checked Plans0-$ 5.11 Grade Crossing Plans0-$ 5.12 Special Provisions and Workday Schedule0-$ 5.13 Quantities and Cost Estimates0-$ 5.14 Supplemental Cultural Study 4 4 964.86$ 6.065% Design Submittal95% PS&E Submittal100% (Final) PS&E SubmittalPage 2 of 3Page 465 of 508
Project Name:Consultant: CNS Engineers, Inc. (Prime Consultant)Date: 12/21/17Task No. Task DescriptionProject Manager (PM) / Principal Bridge EngineerSenior Bridge EngineerBridge Design EngineerSenior CADD DesignerSenior Roadway ManagerTotal Hours Labor Cost(loaded billing rates) $ 241.21 $ 163.06 $ 117.24 $ 103.76 $ 160.36 CITY OF VERNONCost Proposal - Man Hour WorksheetAtlantic Blvd. Bridge over the Los Angeles River6.01 Roadway Plans0-$ 6.02 Stage Constructing Plans0-$ 6.03 Utility Plans0-$ 6.04 Drainage Plans0-$ 6.05 Traffic Signal Plans0-$ 6.06 Work Area Traffic Control Plans0-$ 6.07 Signing and Striping Plans0-$ 6.08 Street Lighting Plans and Sign Illumination Plans0-$ 6.09 Channel Modification Plans0-$ 6.10 Bridge Plans 8 16 16 16 56 8,074.61$ 6.11 Grade Crossing Plans0-$ 6.12 Special Provisions and Suggested Workday Schedule2 24 26 4,395.76$ 6.13 Quantities and Cost Estimates0-$ 6.14 Resident Engineer's Pending Files0-$ 42 40 16 16 28 142 24,679.31$ Total Hours2Page 3 of 3Page 466 of 508
2141 West Orangewood Avenue
Orange, CA 92868
t: 714.573.0317 f: 714.573.9534
www.koacorporation.com
April 30, 2019
Mr. James Lu
CNS Engineers, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Subject: EXTRA WORK PROPOSAL for the Atlantic Boulevard Bridge Reconstruction Project in
the City of Vernon (Amendment #5)
Dear Mr. Lu:
KOA Corporation (KOA) is pleased to provide services to you for the Atlantic Boulevard Bridge
Reconstruction Project in the City of Vernon. This letter presents our cost estimate for the project and
requests your written authorization.
KOA has been preparing traffic engineering plans for the subject project since 2008. Due to the
contract extension to December 31 2020, KOA will need to update the plans to meet current design
standard and provide additional coordination to complete our project scope of work based on the Tasks
outlined below.
Task 1: Update the Design/Specs per new Caltrans (or Greenbook) Standards ~ $5,025.30
Task 2: Extend the Contract to 12/31/2020 with additional Project Coordination ~ $6,563.81
KOA is requesting an additional fee of $11,589.11 to complete the plan updates and project
coordination. Detail labor hours is provided in a separate excel sheet. Please contact me if you have any
questions or if you require additional information regarding the subject project. If you concur with the
terms of this proposal and authorize KOA to commence work, you may sign the appropriate line below
and return it to our office. The proposal is valid for 90 days.
Sincerely, Approved by:
CNS Engineers, Inc.
Min Zhou, P.E.
Principal Signed Date
J:\Cities\Vernon\JB73140 Vernon Atlantic\Contract\Extrawork 2017\03-27-19\JB73140 VE Atlantic Xwk contra ext 20190430.doc
$6,763.81
$11,789.11
Page 467 of 508
KOA Extra Work Request
Altantic Boulevard Bridge Reconstruction Project in the City of Vernon
Task 1 5,025.30$
Task 2 6,763.81$
Total 11,789.11$
Page 468 of 508
Local Assistance Procedures Manual
Date:
KOA Corporation
DIRECT LABOR Hourly Rate
Range Hours Total
65-85 4 @ 83.00$ 332.00$
57-67 8 @ 60.00$ 480.00$
20-35 24 @ 32.00$ 768.00$
18-25 @ 26.00$ -$
15-30 @ 22.00$ -$
@-$
@-$
@-$
@-$
@-$
@-$
@-$
Total Direct Labor Costs (DLC)
Rate Total
*%-$
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined FB, OH and G&A)167.3 % 2,731.89$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 % 436.48$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding 100.00$
2. Plotting
3. Transportation / Travel (Mileage will be IRS standard rate.)124.00$
4. Overnight Deliveries -$
-$
Total Other Direct Costs
SUBCONTRACTOR COSTS
TOTAL COST
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL
Federal Project No.:
Caltrans EA No.: 4/30/2019
Project Name:Task 1: Update the Design/Specs per new Caltrans (or
Greenbook) Standards
Consultant:
Initial Hourly
RateClassification Name
Firm Principal Various
Senior Engineer Various
Assistant Engineer Various
CAD Technician Various
Administrative Assistant Various
FRINGE BENEFITS
Subtotal Direct Labor Costs 1,580.00$
Anticipated Salary Increases (3.35%) (Escalation) 52.93$
1,632.93$
-$
-$
5,025.30$
-$
2,731.89$
436.48$
224.00$
-$
-$
Page 469 of 508
Local Assistance Procedures Manual
Date:
KOA Corporation
DIRECT LABOR Hourly Rate
Range Hours Total
65-85 4 @ 83.00$ 332.00$
57-67 24 @ 60.00$ 1,440.00$
20-35 8 @ 32.00$ 256.00$
18-25 0 @ 25.00$ -$
15-30 6 @ 22.00$ 132.00$
@-$
@-$
@-$
@-$
@-$
@-$
@-$
Total Direct Labor Costs (DLC)
Rate Total
*%-$
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined FB, OH and G&A)167.3 % 3,734.74$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 % 596.71$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding 100.00$
2. Plotting
3. Transportation / Travel (Mileage will be IRS standard rate.)
4. Overnight Deliveries 100.00$
-$
Total Other Direct Costs
SUBCONTRACTOR COSTS
TOTAL COST
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL
Federal Project No.:
Caltrans EA No.: 4/30/2019
Project Name:Task 2: Additional Coordination Effort Related to
Extension of the Contact
Consultant:
Initial Hourly
RateClassification Name
Firm Principal Various
Senior Engineer Various
Assistant Engineer Various
CAD Technician Various
Administrative Assistant Various
FRINGE BENEFITS
Subtotal Direct Labor Costs 2,160.00$
Anticipated Salary Increases (3.35%) (Escalation) 72.36$
2,232.36$
-$
-$
6,763.81$
-$
3,734.74$
596.71$
200.00$
-$
-$
Page 470 of 508
Consultant Contract No. Date 5/2/2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$9,157.00 =$64.49 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 (Calendar
Year 2019)$64.49 +=$67.71 Year 2 Avg Hourly Rate
Year 2 (Calendar
Year 2020)$67.71 +=$67.71 Year 3 Avg Hourly Rate
Year 3 $67.71 +=$67.71 Year 4 Avg Hourly Rate
Year 4 $67.71 +=$67.71 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 (Calendar
Year 2019)33.00%*=46.9 Estimated Hours Year 1
Year 2 (Calendar
Year 2020)67.00%*=95.1 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =142.0
Year 1 $64.49 *=$3,021.81 Estimated Hours Year 1
Year 2 $67.71 *=$6,441.95 Estimated Hours Year 2
Year 3 $67.71 *=$0.00 Estimated Hours Year 3
Year 4 $67.71 *=$0.00 Estimated Hours Year 4
Year 5 $67.71 *=$0.00 Estimated Hours Year 5
=$9,463.76
=$9,157.00
(Dollar Amount) =$306.76 Transfer to Cost Proposal
(%)3.350%Transfer to Cost Proposal
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Direct Labor Subtotal Total Hours
Estimated total of Direct Labor Salary Increase
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
CNS Engineers, Inc.
per Cost Proposal per Cost Proposal
142
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
5.0%
0.0%
0.0%
0.0%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
142.0
142.0
142.0
142.0
142.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
47
95
0
0
0
Total Direct Labor Cost with Escalation
Page 471 of 508
Consultant Contract No. Date 5/2/2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$3,740.00 =$51.94 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 (Calendar
Year 2019)$51.94 +=$54.54 Year 2 Avg Hourly Rate
Year 2 (Calendar
Year 2020)$54.54 +=$54.54 Year 3 Avg Hourly Rate
Year 3 $54.54 +=$54.54 Year 4 Avg Hourly Rate
Year 4 $54.54 +=$54.54 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 (Calendar
Year 2019)33.00%*=23.8 Estimated Hours Year 1
Year 2 (Calendar
Year 2020)67.00%*=48.2 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =72.0
Year 1 $51.94 *=$1,234.20 Estimated Hours Year 1
Year 2 $54.54 *=$2,631.09 Estimated Hours Year 2
Year 3 $54.54 *=$0.00 Estimated Hours Year 3
Year 4 $54.54 *=$0.00 Estimated Hours Year 4
Year 5 $54.54 *=$0.00 Estimated Hours Year 5
=$3,865.29
=$3,740.00
(Dollar Amount) =$125.29 Transfer to Cost Proposal
(%)3.350%Transfer to Cost Proposal
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Direct Labor Subtotal Total Hours
Estimated total of Direct Labor Salary Increase
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
KOA
per Cost Proposal per Cost Proposal
72
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
5.0%
0.0%
0.0%
0.0%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
72.0
72.0
72.0
72.0
72.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
24
48
0
0
0
Total Direct Labor Cost with Escalation
Page 472 of 508
Stantec Consulting Services Inc. 38 Technology Drive, Suite 100, Irvine CA 92618-5312
April 30, 2019
File:2073013430
Attention: James Lu
CNS Engineers, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Dear Mr. Lu:
Reference: Cost Proposal to Update Plans/Specs, Extend Contract, Temporary Construction
Easement (TCE)
Stantec Consulting Services Inc. (Stantec) is requesting a contract amendment for additional
services, which includes updating the design and specifications to current Caltrans and
Greenbook standards, extending the contract to 12/31/2020, and additional coordination related
to the contract extension. Revision of the upstream channel easements into three separate
documents (one for overhead utilities, one for nose walls and training walls, and one for
remainder) is also included. The attached proposal includes the following information:
x Scope of Services
x Fee Summary
Please feel free to respond with any questions or comments.
Regards,
STANTEC CONSULTING SERVICES INC.
Susan Reid
Project Manager
Phone: (949) 923-6223
Fax: (949) 923-6121
Susan.reid@stantec.com
Modify Channel Easements
Page 473 of 508
April 30, 2019
James Lu
Page 2 of 2
Reference: Cost Proposal to Update Plans/Specs, Extend Contract, Temporary Construction Easement (TCE)
v:\2042\active\2042477000\doc\300 cont\co4_extension_tce_20190430.docx
Scope of Services
x Project management and coordination with the client, permitting agencies, and other
design team members for an additional duration of approximately 21 months, until
December 31, 2020. $8,763.40
x Update Special Provisions to conform to 2018 Caltrans Specifications. Update project
construction plans to conform to 2018 Caltrans Revised Standard Plans (RSP). $9,261.72
x Prepare 3 separate legal descriptions and depictions for the construction easement at the
upstream side of the channel, in the City of Vernon. One easement will be for the nose
walls and training walls, one for the overhead utilities, and one for the remaining TCE area.
The documents will be prepared and stamped by a Professional Land Surveyor and
submitted to the City for processing. This fee includes addressing one set of comments from
the City. It is assumed that our legal description and depiction will be attached to
easement documentation provided by the City for owner signature and recordation. City
checking fees are not included in our estimated budget. $6,650.57
Fee Summary
See attached spreadsheet.
TOTAL : $24,675.69
Modify Channel Easements
Page 474 of 508
Local Assistance Procedures Manual
Date:
Stantec Consulting, Inc.
DIRECT LABOR Hourly Rate
Range Hours Total
1 @ 93.31$ 93.31$
20 @ 78.91$ 1,578.20$
20 @ 56.98$ 1,139.60$
56.98$ -$
0 @ 56.98$ -$
0 @ 40.69$ -$
0 @ 37.00$ -$
0 @ 69.07$ -$
0 @ 27.25$ -$
2 @ 27.25$ 54.50$
0@ -$
Total Direct Labor Costs (DLC)
Rate Total
34%% 1,006.95$
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined OH and G&A)135%% 3,998.17$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 %796.67$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding -$
2. Plotting -$
3. Transportation / Travel (Mileage will be IRS standard rate.)-$
4. Overnight Deliveries -$
5. 2-man Field Survey Truck and Equipment -$
Total Other Direct Costs
SUBCONTRACTOR COSTS
Potholing
Aerial Mapping
TOTAL COST 8,763.40$
Anticipated Salary Increases (3.35 %) (Escalation)96.00$
2,961.61$
FRINGE BENEFITS
1,006.95$
3,998.17$
796.67$
-$
-$
-$
2,865.61$
Engineering Designer Matt Wagstaff
Survey Project Manager Jim Steines
Survey Analyst Cheryl Love
Administrative Services
Administrative Services
Subtotal Direct Labor Costs
Drainage Design Engineer --
Roadway Design Engineer --
Engineering Designer Ada Cornejo
Stantec Team Leader Sherry Weinmeier
Drainage Lead Kevin Brandt
Roadway Design Lead Susan Reid
Project Name:Atlantic Blvd. Bridge over the Los Angeles River
Consultant:
Hourly Rate
(2019)Classification Name
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL FOR CONTRACT EXTENSION
Federal Project No.:
Caltrans EA No.: 4/30/2019
Page 475 of 508
Local Assistance Procedures Manual
Date:
Stantec Consulting, Inc.
DIRECT LABOR Hourly Rate
Range Hours Total
0 @ 93.31$ -$
20 @ 78.91$ 1,578.20$
20 @ 56.98$ 1,139.60$
56.98$ -$
0 @ 56.98$ -$
4 @ 40.69$ 162.76$
4 @ 37.00$ 148.00$
0 @ 69.07$ -$
0 @ 27.25$ -$
0 @ 27.25$ -$
0@ -$
Total Direct Labor Costs (DLC)
Rate Total
34%% 1,064.21$
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined OH and G&A)135%% 4,225.52$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 %841.97$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding -$
2. Plotting -$
3. Transportation / Travel (Mileage will be IRS standard rate.)-$
4. Overnight Deliveries -$
5. 2-man Field Survey Truck and Equipment -$
Total Other Direct Costs
SUBCONTRACTOR COSTS
Potholing
Aerial Mapping
TOTAL COST 9,261.72$
Anticipated Salary Increases (3.35 %) (Escalation)101.46$
3,130.02$
FRINGE BENEFITS
1,064.21$
4,225.52$
841.97$
-$
-$
-$
3,028.56$
Engineering Designer Matt Wagstaff
Survey Project Manager Jim Steines
Survey Analyst Cheryl Love
Administrative Services
Administrative Services
Subtotal Direct Labor Costs
Drainage Design Engineer --
Roadway Design Engineer --
Engineering Designer Ada Cornejo
Stantec Team Leader Sherry Weinmeier
Drainage Lead Kevin Brandt
Roadway Design Lead Susan Reid
Project Name:Atlantic Blvd. Bridge over the Los Angeles River
Consultant:
Hourly Rate
(2019)Classification Name
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL FOR UPDATE TO CURRENT CALTRANS PLANS AND SPECS
Federal Project No.:
Caltrans EA No.: 4/30/2019
Page 476 of 508
Local Assistance Procedures Manual
Date:
Stantec Consulting, Inc.
DIRECT LABOR Hourly Rate
Range Hours Total
0 @ 93.31$ -$
0 @ 78.91$ -$
2 @ 56.98$ 113.96$
56.98$ -$
0 @ 56.98$ -$
0 @ 40.69$ -$
0 @ 37.00$ -$
18 @ 69.07$ 1,243.26$
30 @ 27.25$ 817.50$
0 @ 27.25$ -$
0@ -$
Total Direct Labor Costs (DLC)
Rate Total
34%%764.17$
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined OH and G&A)135%% 3,034.22$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 %604.60$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding -$
2. Plotting -$
3. Transportation / Travel (Mileage will be IRS standard rate.)-$
4. Overnight Deliveries -$
5. 2-man Field Survey Truck and Equipment -$
Total Other Direct Costs
SUBCONTRACTOR COSTS
Potholing
Aerial Mapping
TOTAL COST
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL FOR THREE CHANNEL EASEMENTS
Federal Project No.:
Caltrans EA No.: 4/30/2019
Project Name:Atlantic Blvd. Bridge over the Los Angeles River
Consultant:
Hourly Rate
(2019)Classification Name
Stantec Team Leader Sherry Weinmeier
Drainage Lead Kevin Brandt
Roadway Design Lead Susan Reid
Drainage Design Engineer --
Roadway Design Engineer --
Engineering Designer Ada Cornejo
2,174.72$
Engineering Designer Matt Wagstaff
Survey Project Manager Jim Steines
Survey Analyst Cheryl Love
Administrative Services
Administrative Services
Subtotal Direct Labor Costs
Anticipated Salary Increases (3.35 %) (Escalation) 72.85$
2,247.57$
FRINGE BENEFITS
764.17$
3,034.22$
604.60$
-$
-$
-$
6,650.57$
Page 477 of 508
Consultant Contract No. Date 5/2/2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$8,068.89 =$57.23 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 (Calendar
Year 2019)$57.23 +=$60.09 Year 2 Avg Hourly Rate
Year 2 (Calendar
Year 2020)$60.09 +=$60.09 Year 3 Avg Hourly Rate
Year 3 $60.09 +=$60.09 Year 4 Avg Hourly Rate
Year 4 $60.09 +=$60.09 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 (Calendar
Year 2019)33.00%*=46.5 Estimated Hours Year 1
Year 2 (Calendar
Year 2020)67.00%*=94.5 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =141.0
Year 1 $57.23 *=$2,662.73 Estimated Hours Year 1
Year 2 $60.09 *=$5,676.46 Estimated Hours Year 2
Year 3 $60.09 *=$0.00 Estimated Hours Year 3
Year 4 $60.09 *=$0.00 Estimated Hours Year 4
Year 5 $60.09 *=$0.00 Estimated Hours Year 5
=$8,339.20
=$8,068.89
(Dollar Amount) =$270.31 Transfer to Cost Proposal
(%)3.350%Transfer to Cost Proposal
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
47
94
0
0
0
Total Direct Labor Cost with Escalation
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above)
5.0%
0.0%
0.0%
0.0%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
141.0
141.0
141.0
141.0
141.0
Direct Labor Subtotal Total Hours
Estimated total of Direct Labor Salary Increase
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Stantec
per Cost Proposal per Cost Proposal
141
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
Page 478 of 508
Page 1 of 6
15265 Alton Parkway, Suite 140
Irvine, CA 92618 P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
Atlantic Blvd Bridge Widening
Contract Amendment No. 5
Scope of Work Amendment
May 1, 2019
The previous contract is soon to expire on June 30,2019 and a scope amendment is required. It is
important to note the large amount of extensions this project has faced starting before 2009. This
extended length of time generates additional effort on a number of items. First, it requires a restart effort
for all parties to re-engage on the current project direction, revisit past decisions, revisit the design,
additional coordination with stakeholders, etc. Second, there are often personnel changes with any party
including the consultants, CPUC, BNSF/LAJ, City, and other stakeholders. These changes necessitate
restart efforts including research into the past history and regaining project concurrence. Third, current
industry standards are always improving, and past design decisions need to be reviewed to insure
compliance with these current industry standards. Additionally, Caltrans standards are also updated every
few years and will require a level of effort to update the design & specifications to the new standards.
The Amendment No. 5 tasks outlined below are in addition to the tasks currently authorized on the
project:
x Time extension until December 31, 2020. PS&E services extended from June 30, 2019 through
December 31, 2020.
x Additional general project management and coordination services due to time extension.
x Reviewing and updating Preemption Calculations and Exhibits and BNSF Highway-Rail Grade
Crossing Traffic Signal Preemption Request Form based on the latest preemption forms.
x Completing new preemption calculations for the addition of the southbound queue-cutter traffic
signal at the north grade crossing.
x Reviewing and updating Draft CPUC GO-88B Applications and Exhibits for the addition of the
southbound queue-cutter traffic signal at the north grade crossing.
x Additional Review and Comments on the 95% Stage Construction and Work Area Traffic
Control plans provided.
x Provide 4 total additional Temporary Grade Crossing Modification Plan sheets.
x Reviewing and updating 100% Traffic Signal Modification PS&E based on 2018 Caltrans
Standard Plans & Specifications.
The tasks outlined below are tasks currently authorized on the project that still need to be completed:
x Meetings and Coordination
x Quality Control and Quality Assurance
x CPUC GO-88B Final Applications
x Railroad C&M Agreement Assistance
x Review and Comment on the100% Stage Construction and Work Area Traffic Control plans.
x 100%(Final) Traffic Signal Modification, Grade Crossing Modification, and Temporary Grade
Crossing Modification Plans PS&E Submittal.
The attached cost proposal details our expected costs and staff to complete this additional work. RailPros
is requesting $32,117.72 in additional authorization.
We look forward to continuing to work with CNS and the City towards the successful completion of this
project. Please feel free to contact us if you have any questions regarding this.
Page 479 of 508
Page 2 of 6
15265 Alton Parkway, Suite 140
Irvine, CA 92618 P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
Casey Murdie, PE, TE
Project Manager
15265 Alton Parkway|Suite 140|Irvine|California|92618
Direct 949.383.2338 | Office 714.734.8765 | Mobile 949.939.0683
casey.murdie@railpros.com| www.railpros.com
Page 480 of 508
Page 3 of 6
15265 Alton Parkway, Suite 140
Irvine, CA 92618 P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
1.0 PROJECT MANAGEMENT
1.01 Meetings and Coordination
Task Objective
RailPros shall participate in project meetings as specified below and perform general project
coordination efforts with respective to the City, BNSF/LAJ, and design team staff.
RailPros Activities
Addition of the following scope to this task:
x General project coordination efforts to deliver a quality product through time extension
(July 2019 – December 2020).
x Meetings: Participate in up to 8 meetings via conference call:
o Monthly PDT meetings – up to 6 PDT meetings via conference call
o Draft and Final Temporary Grade Crossing Modification Plans (Task 3.08) – 2
additional BNSF/LAJ coordination meetings via conference call
3.0 RAILROAD DESIGN COORDINATION
3.02 CPUC General Order 88B Application
Task Objective
RailPros will revise Draft CPUC General Order 88B Applications and Exhibits to include the
addition of the southbound queue-cutter traffic signal at the north grade crossing.
RailPros Activities
Addition of the following scope to this task:
x Update Draft CPUC General Order 88B Applications and Exhibits for the addition of the
southbound queue-cutter traffic signal at the north grade crossing.
Task Deliverables
x Updated Draft CPUC General Order 88B Applications and Exhibits for the addition of
the southbound queue-cutter traffic signal at the north grade crossing.
3.07 Review Stage Construction and Work Area Traffic Control Plans
Task Objective
RailPros completed additional review iterations and comments on the 95% Stage Construction
and Work Area Traffic Control Plans than originally anticipated as included in Addendum No. 4.
This additional review and comment effort was necessary due to the additional Stage
Construction and Work Area Traffic Control plans completed. The review was completed in
order to provide adequate motorist grade crossing guidance during all phases of construction.
RailPros Activities
Addition of the following scope to this task:
x Review additional 95% Stage Construction and Work Area Traffic Control Plans
provided in regards to maintaining existing and constructing new railroad warning
Page 481 of 508
Page 4 of 6
15265 Alton Parkway, Suite 140
Irvine, CA 92618 P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
devices, in order to provide adequate motorist grade crossing guidance during all phases
of construction.
x Prepare additional comments for the KOA design team staff’s review and incorporation.
Task Deliverables
x Review of the revised 95% Stage Construction and Work Area Traffic Control Plans in
regards to maintaining existing and constructing new railroad warning devices, in order
to provide adequate motorist grade crossing guidance during all phases of construction.
3.08 Temporary Grade Crossing Modification Plans (Draft, Final)
Task Objective
RailPros will provide 4 additional plan sheets to the Temporary Grade Crossing Modification
Plans (Draft, Final). RailPros had originally anticipated 6 total sheets as included in Addendum
No. 4, but due to the additional Stage Construction and Work Area Traffic Control plans
completed, 10 total sheets are now required in order to provide adequate motorist grade crossing
guidance during all phases of construction. The Plans will not only become part of the plan set,
but are a necessary addition to the GO88B application for each crossing in order to obtain BNSF
and LAJ approval.
RailPros Activities
Addition of the following scope to this task:
x Provide Temporary Grade Crossing Modification Plans for each major phase of
construction (4 total additional sheets)
Task Deliverables
x Temporary Grade Crossing Modification Plans for each major phase of construction (4
total additional sheets).
6.0 100% PS&E Submittal
6.05 Traffic Signal Plans
Task Objective
RailPros will review and update the Preemption Calculations and Exhibits for the North and
South crossings (2 locations) and BNSF Highway-Rail Grade Crossing Traffic Signal Preemption
Request Form based on the latest preemption forms. Also, RailPros to complete new preemption
calculations and exhibits for the addition of the southbound queue-cutter traffic signal at the
north grade crossing.
RailPros will review and update 100% Traffic Signal Plans based on 2018 Caltrans Standard
Plans & Specifications.
RailPros Activities
Addition of the following scope to this task:
Page 482 of 508
Page 5 of 6
15265 Alton Parkway, Suite 140
Irvine, CA 92618 P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
x Update Preemption Calculations and Exhibits (2 locations) and BNSF Highway-Rail Grade
Crossing Traffic Signal Preemption Request Form based on the latest preemption forms.
x Complete new Preemption Calculations and Exhibit for the addition of the southbound
queue-cutter traffic signal at the north grade crossing.
x Update Plans for project from Caltrans 2015 standards to 2018 standards.
Task Deliverables
x Updated Preemption Calculations and Exhibits (2 locations) and BNSF Highway-Rail
Grade Crossing Traffic Signal Preemption Request Form based on the latest preemption
forms.
x New Preemption Calculations and Exhibit for the addition of the southbound queue-
cutter traffic signal at the north grade crossing.
6.12 Special Provisions and Suggested Workday Schedule
Task Objective
RailPros will review and update 100% Traffic Signal Special Provisions based on 2018 Caltrans
Standard Plans & Specifications.
RailPros Activities
Addition of the following scope to this task:
x Update Special Provisions for project from Caltrans 2015 standards to 2018 standards.
Page 483 of 508
Page 6 of 6
15265 Alton Parkway, Suite 140
Irvine, CA 92618 P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
IN WITNESS WHEREOF, the parties hereto have executed this Contract in duplicate (each of
which shall constitute an original) as of _______________.
CNS ENGINEERS, INC.
(PRIMARY CONSULTANT)
____________________________________
Title:________________________________
Date:________________________________
RAILPROS, INC.
(SUBCONSULTANT)
____________________________________
Karen Hankinson, PE, TE
Title: Vice President
Date: May 1, 2019
CITY OF VERNON (CLIENT)
____________________________________
Title:________________________________
Date: ________________________________
Page 484 of 508
Page 2 of 2Project: Rehabilitation of Atlantic Blvd Bridge over the Los Angeles RiverConsultant: RailPros, Inc. Task No. Task Description Casey MurdieKaren HankinsonRobert WilliamsLeah RussellStephanie Schaubert Total Hours Raw Labor Cost (raw rate) $ 63.54 $ 95.22 $ 66.35 $ 29.40 $ 25.72 11.0 Project Management (July 2019 to Dec 2020 - 1 year, 6 months)1.01Meetings and Coordination (up to 6 PDT meetings via conference call and 2 BNSF coordination meetings)40 12 12 6 70 4,634.76$ 3.0 Railroad Design Coordination3.02Review and Update CPUC General Order 88B Application and Exhibits for the addition of the SB queue-cutter traffic signal at the north grade crossing (Draft application documents)2147339.90$ 3.07Review 95% Stage Construction and Work Area Traffic Control Plans (additional review iteration and comments)42814679.80$ 3.08Temporary Grade Crossing Modification Plans (Draft, Final)(4 additional sheets)482436 1,721.52$ 6.0100% PS&E SubmittalReview and Update Preemption Calculations and Exhibits (2 locations), and BNSF Highway-Rail Grade Crossing Traffic Signal Preemption Request Form621422983.28$ Complete new Preemption Calculations (2 Iterations) and Exhibit for the addition of the SB queue-cutter traffic signal at the north grade crossing.421218797.40$ Revise Traffic Signal Modification Plans from 2015 to 2018 Caltrans standards (5 sheets)4812489.36$ 6.12Update Special Provisions from 2015 to 2018 Caltrans standards1648 28 1,603.28$ Estimate to Complete80 31 12 70 14 207 11,249.30$ Contract Amendment No. 56.0515265 Alton Parkway, Suite 140Irvine, Ca 926185/1/2019P: (714) 734 - 8765 F: (714) 734 - 8755www.railpros.comPage 485 of 508
Local Assistance Procedures Manual
Date:
RailPros, Inc.
DIRECT LABOR Hourly Rate
Range Hours Total
80 @ 63.54$5,083.20$
31 @ 95.22$2,951.82$
12 @ 66.35$796.20$
70 @ 29.40$2,058.00$
14 @ 25.72$360.08$
@-$-$
@-$-$
Total Direct Labor Costs (DLC)
Rate Total
*%
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined FB, OH and G&A)150 % 17,439.23$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 % 2,906.54$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding -$
2. Plotting -$
3. Transportation / Travel (Mileage will be IRS standard rate.)90 miles/trip; 3 trips 145.80$
4. Overnight Deliveries -$
5. Video Survey -$
Total Other Direct Costs
SUBCONTRACTOR COSTS
Total Cost
11,249.30$
376.85$
11,626.15$
FRINGE BENEFITS
Anticipated Salary Increases (3.35%) (Escalation)
32,117.72$ADDITIONAL AUTHORIZATION REQUESTED FOR TOTAL COST TO COMPLETE
AND AMENDMENT No. 5:
-$
17,439.23$
2,906.54$
145.80$
32,117.72$
Admin S. Shaubert
Subtotal Direct Labor Costs
Project Manager C. Murdie
Engineer R. Williams
Engineer L. Russell
Sr. Traffic Engineer K. Hankinson
Hourly Rate
(2019)Classification Name
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL
Federal Project No.:
Caltrans EA No.: 5/1/2019
Project Name:Atlantic Blvd. Bridge over the Los Angeles River
Consultant:
Page 486 of 508
Consultant Contract No. Date 5/2/2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$11,249.30 =$54.34 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 (Calendar
Year 2019)$54.34 +=$57.06 Year 2 Avg Hourly Rate
Year 2 (Calendar
Year 2020)$57.06 +=$57.06 Year 3 Avg Hourly Rate
Year 3 $57.06 +=$57.06 Year 4 Avg Hourly Rate
Year 4 $57.06 +=$57.06 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 (Calendar
Year 2019)33.00%*=68.3 Estimated Hours Year 1
Year 2 (Calendar
Year 2020)67.00%*=138.7 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =207.0
Year 1 $54.34 *=$3,712.27 Estimated Hours Year 1
Year 2 $57.06 *=$7,913.88 Estimated Hours Year 2
Year 3 $57.06 *=$0.00 Estimated Hours Year 3
Year 4 $57.06 *=$0.00 Estimated Hours Year 4
Year 5 $57.06 *=$0.00 Estimated Hours Year 5
=$11,626.15
=$11,249.30
(Dollar Amount) =$376.85 Transfer to Cost Proposal
(%)3.350%Transfer to Cost Proposal
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Direct Labor Subtotal Total Hours
Estimated total of Direct Labor Salary Increase
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
RailPros
per Cost Proposal per Cost Proposal
207
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
5.0%
0.0%
0.0%
0.0%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
207.0
207.0
207.0
207.0
207.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
68
139
0
0
0
Total Direct Labor Cost with Escalation
Page 487 of 508
Page 488 of 508
Page 489 of 508
Page 490 of 508
Consultant Contract No. Date 5/2/2019
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Avg Hourly 5 Year Contract
Rate Duration
$1,061.00 =$33.16 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 (Calendar
Year 2019)$33.16 +=$34.81 Year 2 Avg Hourly Rate
Year 2 (Calendar
Year 2020)$34.81 +=$34.81 Year 3 Avg Hourly Rate
Year 3 $34.81 +=$34.81 Year 4 Avg Hourly Rate
Year 4 $34.81 +=$34.81 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 (Calendar
Year 2019)33.00%*=10.6 Estimated Hours Year 1
Year 2 (Calendar
Year 2020)67.00%*=21.4 Estimated Hours Year 2
Year 3 0.00%*=0.0 Estimated Hours Year 3
Year 4 0.00%*=0.0 Estimated Hours Year 4
Year 5 0.00%*=0.0 Estimated Hours Year 5
Total 100% =32.0
Year 1 $33.16 *=$350.13 Estimated Hours Year 1
Year 2 $34.81 *=$746.41 Estimated Hours Year 2
Year 3 $34.81 *=$0.00 Estimated Hours Year 3
Year 4 $34.81 *=$0.00 Estimated Hours Year 4
Year 5 $34.81 *=$0.00 Estimated Hours Year 5
=$1,096.54
=$1,061.00
(Dollar Amount) =$35.54 Transfer to Cost Proposal
(%)3.350%Transfer to Cost Proposal
NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Direct Labor Subtotal Total Hours
Estimated total of Direct Labor Salary Increase
EXHIBIT 10-H COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Converse
per Cost Proposal per Cost Proposal
32
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Proposed Escalation
5.0%
0.0%
0.0%
0.0%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Total Hours
Completed Each Year per Cost Proposal
32.0
32.0
32.0
32.0
32.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
11
21
0
0
0
Total Direct Labor Cost with Escalation
Page 491 of 508
Atlantic Boulevard Bridge
City of Vernon, Los Angeles County 1
Scope and Cost for
Historic Preservation Consulting Services
Atlantic Boulevard Bridge over Los Angeles River
Revised March 21, 2019
Project Understanding:
GPA Consulting (GPA) is pleased to submit this scope and cost to perform historic preservation
consulting services. The City of Vernon (City), in coordination with the State of California
Department of Transportation (Caltrans), proposes to improve traffic conditions and enhance
safety along the Atlantic Boulevard transportation corridor at the Los Angeles River crossing.
The project involves widening Atlantic Boulevard for approximately 1,300 linear feet to provide
traffic shoulders, a median with a left turn lane, standard sidewalks and a right turn lane over
the bridge. The proposed roadway widening configuration includes widening eastbound the
Atlantic Boulevard approach roadway from the intersection of Atlantic Blvd and East 52nd
Drive to about 200‐feet north of the northern bridge abutment. This will include modification of
railroad signals and concrete panels at the at‐grade crossings adjacent to both the north and
south bridge abutments.
The project first obtained NEPA clearance in 2006, which was revalidated in 2012 and 2018. The
United States Army Corp of Engineers (USACE) is currently considering a 408 permit application
for the project, and noted that the Los Angeles River Channel was not evaluated for eligibility
as a historic property in the prior Section 106 technical documents. ACOE is requesting the
channel be evaluated at this time. The City has been presented with two options for satisfying
the ACOE request:
1.The City can hire a qualified consultant to perform the additional Section 106 studies to the
satisfaction and approval of the USACE, or
2.The City can hire a qualified consultant to write a Supplemental Historic Property Survey
Report (SHPSR) utilizing Caltrans Section 106 Programmatic Agreement (PA) to assume
eligibility for the Los Angeles River Flood Control Channel, and write a Finding of Effect
letter/memo. This would require Caltrans participation for the assumption of eligibility and
PQS approval of the documents.
Option 2 allows the City to take advantage of the Caltrans Section 106 PA with the State Historic
Preservation Officer (SHPO), which includes a process for assuming eligibility of a cultural
resource for the purpose of Section 106 compliance only. This assumption of eligibility is used
when special circumstances, such as large resource size or limited access, make full evaluation
beyond a reasonable level of effort for the undertaking.
In contrast, Option 1 may require full evaluation of the Los Angeles River Channel (a 51-mile
long linear resource), as USACE does not have a similar PA with the SHPO. The SHPO’s guidance
on Section 106 consultation (without a PA) indicates “an agency may only assume eligibility of
a resource if the resource will not be affected by the undertaking” and “each resource should
be evaluated in its entirety, even if the undertaking will only have an effect on a portion of the
resource. An exception can be made when evaluating individual segments of long linear
resources, large landscapes, extensive functional systems, or large historic districts if deemed
Page 492 of 508
Atlantic Boulevard Bridge
City of Vernon, Los Angeles County 2
appropriate in consultation with the SHPO.”1 In order to gain a better sense of the expected
level of effort for evaluation of the Los Angeles River Channel, it would be necessary to consult
with USACE and SHPO.
GPA Consulting is familiar with the Caltrans Section 106 PA, and has successfully navigated the
Section 106 review process for numerous projects in coordination with Caltrans. The scope and
cost below assumes the project will utilize the Caltrans PA to comply with Section 106 (Option
2). If the city would like to consider preparing Section 106 reports to the satisfaction and
approval of USACE and SHPO (Option 1), GPA suggests that the City consult with these
agencies to determine if limited evaluation of the affected segment will be acceptable, or if
evaluation of the entire channel is expected. This information would be necessary to prepare
an accurate scope and cost.
If the City pursues Option 2, GPA will prepare all documentation in accordance with the
Programmatic Agreement Among the Federal Highway Administration (FHWA), the Advisory
Council on Historic Preservation (ACHP), the California State Historic Preservation Officer
(CASHPO), and the California Department of Transportation (Caltrans) Regarding Compliance
with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of
The Federal-Aid Highway Program in California (Caltrans PA). The technical reports anticipated
as necessary include: a memo to Caltrans Cultural Studies Office (CSO) requesting approval of
the assumption of eligibility for the Los Angeles River Channel, a Supplemental Historic
Properties Survey Report (SHPSR) for the identification of the channel as a historic property
within the project’s Area of Potential Effects, and a Finding of Effect (FOE) report to apply the
criteria of adverse effect to the channel.
Memo to CSO Proposed Scope of Work:
The proposed scope of work for the memo to Caltrans Cultural Studies Office includes the
following tasks:
1.Project Management and QA/QC – GPA will consult with the client and consultant team
as needed to complete the memo. All work products will be peer-reviewed for quality
control.
2.Site Visit/Photography – GPA will conduct a site visit to document the integrity of the
segment of the channel that is within the APE. Digital photographs will be taken during
the field survey. All photographs will be taken from the public right-of-way, unless
property access is granted in advance.
3.Research – Limited property-specific research will be conducted to identify the date of
construction, character defining features, and alterations (if any) for the segment of the
channel within the APE.
4.Draft Memo – GPA will prepare a draft memo on behalf of Caltrans District 7 PQS,
requesting approval from Caltrans CSO to assume eligibility of the Los Angeles River
Channel for the purpose of this undertaking only. The memo will explain the assumed
historic significance of the resource, its character defining features, and the integrity of
1 California Office of Historic Preservation, Detailed Recommendations for Section 106 Consultation Submittals,
http://ohp.parks.ca.gov/pages/1054/files/106Checklist_2018_Apr.pdf, accessed January 28, 2019.
Page 493 of 508
Atlantic Boulevard Bridge
City of Vernon, Los Angeles County 3
the segment within the APE. The memo will also explain the special circumstances that
preclude complete evaluation, as provided in section VIII. C. 4. of the Caltrans PA.
5. Final Memo – GPA will revise the draft memo based on comments.
Deliverable: The draft and final memo will be provided electronically (Word and/or PDF). The
City will be responsible for providing Caltrans with the requested number of printed copies.
SHPSR Proposed Scope of Work:
The proposed scope of work for the Supplemental Historic Properties Survey Report includes the
following tasks:
1.Project Management and QA/QC – GPA will consult with the client and consultant team
as needed to complete the SHPSR. All work products will be peer-reviewed for quality
control.
2.Review Existing Information – GPA will review all existing information on the project
provided by the client and consultant team.
3.Supplemental Area of Potential Effects (APE) Map – GPA will update the APE Map to
reflect the most current project footprint. The project location and project vicinity maps
will also be updated.
4.Public Consultation – GPA will conduct outreach to potentially interested members of
the public and USACE, in accordance with established Section 106 procedures.
5.Draft Supplemental HPSR – GPA will prepare the draft SHPSR according to established
Caltrans procedures as laid out in the Standard Environmental Reference and submit to
the City and Caltrans for review.
6.Final Supplemental HPSR – GPA will revise the draft SHPSR based on comments.
Deliverable: The draft and final SHPSR will be provided electronically (Word and/or PDF). The
City will be responsible for providing Caltrans with the requested number of printed copies.
FOE Proposed Scope of Work:
The proposed scope of work for the Finding of Effect includes the following tasks:
1.Project Management and QA/QC – GPA will consult with the client and consultant team
as needed to complete the FOE. All work products will be peer-reviewed for quality
control.
2.Draft Finding of Effect – GPA will prepare an FOE according to established Caltrans
procedures as laid out in the Standard Environmental Reference and submit to the City
and Caltrans for review.
Page 494 of 508
Atlantic Boulevard Bridge
City of Vernon, Los Angeles County 4
3. Final Finding of Effect – GPA will revise the draft FOE based on comments.
Deliverable: The draft and final FOE will be provided electronically (Word and/or PDF). The City
will be responsible for providing Caltrans with the requested number of printed copies.
Project Cost:
The anticipated costs are included on the following pages. It should be explicitly understood
that hours may be allocated differently among tasks and available personnel. Please note that
the costs listed do not include preparation for or attendance at public meetings. Should the
client request GPA’s attendance at public meetings, preparation time, meeting time, mileage,
and parking will be billed on a time and materials basis.
This proposal is valid for a period of 60 days from the date listed on the first page. If a contract
is not executed in that time, GPA reserves the right to update the proposal to reflect changes
in rates or personnel.
This proposal is valid for the proposed project and tasks as explained in the Proposed Scope of
Work section above. Changes to the proposed project may result in additional work and
therefore may result in additional costs, which would be mutually agreed upon in writing prior
to commencing the additional work.
Assumptions:
No more than one historic property (Los Angeles River Channel) will be included in the SHPSR
and analyzed in the FOE.
Public meeting attendance is not anticipated at this time.
Page 495 of 508
Local Assistance Procedures Manual
Date:
GPA Consulting
DIRECT LABOR Hourly Rate
Range Hours Total
8 @ 100.96$ 807.68$
80 @ 52.88$ 4,230.40$
32 @ 48.08$ 1,538.56$
16 44.71$ 715.36$
Total Direct Labor Costs (DLC)
Rate Total
*%
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH)*%*
General and Administrative (G&A)*%*
Total (* Combined FB, OH and G&A)130.65 % 9,527.00$
Total Indirect Costs (IC)
FEE (PROFIT)Rate Total
10 % 1,681.90$
Fee (DLC+FB+IC)
ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)
1. Reproduction and Binding
2. Plotting
3. Transportation / Travel (Mileage will be IRS standard rate.)27.25$
4. Misc (parking, copies, delivery, etc.)100.00$
Total Other Direct Costs
SUBCONTRACTOR COSTS
Markup on Subcontractors (0%)
TOTAL COST 18,628.15$
-$
9,527.00$
1,681.90$
127.25$
Anticipated Salary Increases (0%) (Escalation) -$
7,292.00$
FRINGE BENEFITS
-$
Project Name:Atlantic Blvd. Bridge over the Los Angeles River
Consultant:
Hourly Rate
(2019)Classification Name
EXHIBIT 10-H
CITY OF VERNON
COST PROPOSAL
Federal Project No.: 5319 (010)
Caltrans EA No.: 0793210L 4/22/2019
Principal Arch. Historian
Sr. Arch. Historian
Sr. GIS Analyst
Sr. Arch. Historian
Andrea Galvin
Subtotal Direct Labor Costs 7,292.00$
Laura O'Neill
Martin Rose
Jenna Kachour
Page 496 of 508
ID Task Name Duration Start Finish12NTP for Supplemental Historic Preservation Evaluation0 daysMon 6/17/19Mon 6/17/193NRHR Eligibility45 daysMon 6/17/19Mon 8/19/194Draft Memo to Assume NRHP Eligibility10 daysMon 6/17/19Fri 6/28/195City Review5 daysMon 7/1/19Mon 7/8/196Revise and Submit draft Memo to District 75 daysTue 7/9/19Mon 7/15/197District 7 Review10 daysTue 7/16/19Mon 7/29/198Revise, submit final Memo to District 75 daysTue 7/30/19Mon 8/5/199District 7 forwards to CSO5 daysTue 8/6/19Mon 8/12/1910CSO approval via email10 daysTue 8/6/19Mon 8/19/1911Update APE45 daysMon 6/17/19Mon 8/19/1912Draft Supplemental APE10 daysMon 6/17/19Fri 6/28/1913City Review5 daysMon 7/1/19Mon 7/8/1914Revise, submit draft Supp. APE to District 75 daysTue 7/9/19Mon 7/15/1915District 7 reviews draft Supp. APE10 daysTue 7/16/19Mon 7/29/1916Revise, submit final Supp. APE to District 75 daysTue 7/30/19Mon 8/5/1917District 7 signs Supp. APE10 daysTue 8/6/19Mon 8/19/1918SHPO Section 106 Consultation45 daysMon 6/17/19Mon 8/19/1919Draft Section 106 Consultation letters10 daysMon 6/17/19Fri 6/28/1920City Review5 daysMon 7/1/19Mon 7/8/1921Revise, submit to District 7 for approval/signature5 daysTue 7/9/19Mon 7/15/1922Caltrans signs letters5 daysTue 7/16/19Mon 7/22/1923GPA sends letters5 daysTue 7/16/19Mon 7/22/1924Time for comments, follow up20 daysTue 7/23/19Mon 8/19/1925Prepare Supplemental HPSR86 daysTue 8/6/19Fri 12/6/1926Draft Supplemental HPSR16 daysTue 8/6/19Tue 8/27/1927City Review5 daysWed 8/28/19Wed 9/4/1928Submit draft SHPSR to District 75 daysThu 9/5/19Wed 9/11/1929District 7 reviews draft SHPSR20 daysThu 9/12/19Wed 10/9/1930Revise, submit SHPSR Memo to District 75 daysThu 10/10/19Wed 10/16/1931District 7 forwards to CSO5 daysThu 10/17/19Wed 10/23/1932CSO forward to SHPO5 daysThu 10/24/19Wed 10/30/1933SHPO review period20 daysThu 10/31/19Wed 11/27/1934SHPO concurs5 daysMon 12/2/19Fri 12/6/1935Prepare FOE86 daysTue 8/6/19Fri 12/6/1936Draft FOE15 daysTue 8/6/19Mon 8/26/1937City Review5 daysWed 8/28/19Wed 9/4/1938Submit FOE to District 75 daysThu 9/5/19Wed 9/11/1939District 7 reviews draft FOE20 daysThu 9/12/19Wed 10/9/1940Revise, submit FOE to District 75 daysThu 10/10/19Wed 10/16/1941District 7 forwards to CSO5 daysThu 10/17/19Wed 10/23/1942CSO forward to SHPO5 daysThu 10/24/19Wed 10/30/1943SHPO review period20 daysThu 10/31/19Wed 11/27/1944SHPO concurs5 daysMon 12/2/19Fri 12/6/1945Complete Supplemental Historic Preservation Evaluation0 daysFri 12/6/19Fri 12/6/196/176/17 6/287/1 7/87/9 7/157/16 7/297/30 8/58/6 8/128/6 8/196/17 6/287/1 7/87/9 7/157/16 7/297/30 8/58/6 8/196/17 6/287/1 7/87/9 7/157/16 7/227/16 7/227/238/198/68/278/28 9/49/5 9/119/1210/910/10 10/1610/17 10/2310/24 10/3010/3111/2712/2 12/68/68/268/28 9/49/5 9/1110/10 10/1610/17 10/2310/24 10/3010/3111/2712/2 12/612/65/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/112/1512/291/12 1June 1July 1August 1September 1October 1November 1December 1January 1Page 1Page 497 of 508
City Council Agenda Item Report
Agenda Item No. COV-190-2019
Submitted by: Lissette Melendez
Submitting Department: Public Works
Meeting Date: June 4, 2019
SUBJECT
A Resolution Approving and Accepting the Grant Deed Dedicating in Fee a Portion of the Property Located at 4328
Alcoa Avenue
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 dedicating in fee a portion of the property
located at 4328 Alcoa Avenue for approximately 3,567.5 square feet of land.
Background:
As part of a property development project, this Grant Deed from PPF Dedeaux Industrial 3425 E Vernon Avenue, LP,
a Delaware limited partnership dedicates to the City of Vernon in fee simple title, a portion of property at 4328 Alcoa
Avenue (Assessor’s Parcel Number 6303-010-027, 6303-010-030 and 6303-010-038). The dedication is
approximately 3,567.5 square feet in size, located on the Southeast corner of Vernon Avenue and Alcoa Avenue. The
improvements along the frontage have already been completed and meet the City of Vernon’s Master Plan of Streets.
This dedication increased the width of the sidewalk by 5-feet along the South side of Vernon Avenue and along the East
side of Alcoa Avenue at 4328 Alcoa Avenue. The improvements did not affect any street parking on Vernon Avenue
or Alcoa Avenue. The relocation of one power pole on Alcoa Avenue is required in order to install a new driveway for
the site. This dedication also increased the curb radius at the Southeast corner of Vernon Avenue and Alcoa Avenue.
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 - Grant Deed 4328 Alcoa
2. Certificate of Acceptance
Page 498 of 508
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 4328 ALCOA AVENUE
WHEREAS, PPF Dedeaux Industrial 3425 E. Vernon Avenue, LP
(the “Grantor”) has offered to dedicate in fee a portion of the real
property in the City commonly known as 4328 Alcoa Avenue in the City of
Vernon, approximately 3,567.5 square feet in size, located on the
Southeast corner of Vernon Avenue and Alcoa Avenue, assessor’s parcel
number 6303-010-027, 6303-010-030 and 6303-010-038 (the “Property”);
and
WHEREAS, Grantor has delivered to the City a grant deed dated
April 4, 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 June 4, 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
Page 499 of 508
- 2 -
existing street.
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.
/ / /
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/ / /
/ / /
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/ / /
Page 500 of 508
- 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 4th day of June, 2019.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
Page 501 of 508
- 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,
June 4, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-
Tem of the City of Vernon.
Executed this day of June, 2019, at Vernon, California.
Maria E. Ayala, City Clerk
(SEAL)
Page 502 of 508
EXHIBIT A
Page 503 of 508
RECORDING REQUESTED BY
and
WHF_,N RF.CORDFD MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, C'A 40058
Attn: City Clerk
MAIL TAX STATF,MENTS TO:
Exempt
SPACE ABOVE THIS LINE DESERVED rOR RE~'ORD~R'S CASE
GRANT DEED
APN: 6303-010-027, 6303-010-030 & 6303-010-038
DOCUMENTARY TRANSFER TAX YS NONE —NOT REQT'IRED SEC. 11922
REVENUE TAXATI(JN CODE.
FOR VALt -ABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
PPF DEDEAi?X INDUSTRIAL 3425 E VERNON AVENUE, LP, a Delaware limited
partnership (the "Grantor")
HEREBY GRANT{S} TO:
City of Vernon, a body corporate and politic (the "Grantee")
That pertain real property (the "C`onveyed 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 C`unveyed
Property is a portion ~f the property owned in fee simple by the Granter. The property is Iucated
in the City of Vern~~n, County of Los Angeles, State of California.
Date: ~ ~~ , 2019
PPF DEDEAIIX INDi'STRIAL 3425 E VERNON AVENLVE, LP, a Delaware limited
partnership
"Grantor"
Ncrn~e, Title
Sigr►cltrue
~; h~~~u
7 .. -;- .. ~. ,'
Page 504 of 508
A notary public or other officer comp(etin~ this certificate verifies only the identity of the individual ~i~ho signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity cif that document.
State of California
County of ~0,5 /~~ .P~f2
A /, p> i
On f1' R~ 17 ~~~a1 before me, ~ i/L~- GI ~L y~ ~d~l~ G~ < C
(Insert me of Notary Public an~i "title)
personally appeared ~~-~~~ ~ed2Gi?
~vho proved to me on the basis of satisfactory evidence to be the persons) whose natne(s)
is/ace subscribed to the tivithin instrument and acknowledged to me that he/sheltl~ey
executed the saFne in his/herltheir authorized capacity(ies), a~~d that by hislher/their
signature{s) on the i~lsh~ument the person(s), or the entity upon behalf on which the
persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State o~ California
that the forgoing paragraph is true ~fic~cor-rect.
VViTNESS my hand and affici
Sl~tlatllC~ `~ ~ ~x~ ~ `--~' (Seal)
ELMIRA SIPEN
~~~~~ Notary Public -California Z'`tip:; ... Z los Angeles County
Commission # 2198150
My Comm. Expires May 20, 2021
Page 505 of 508
o~P~ LAND
o~ ~~ o
a- No. 9246 ~
~~ ~ a , \~
9~F OF CA~~FC3~
EXHIBIT " A "
STREET RIGHT-OF-WAY DEDICATION
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VERNON IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT
A PORTION OF LOT 7 OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF
VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF RECORDED IN'BOOK 3
PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF ALCOA AVENUE (FORMERLY MAGNOLIA AVENUE),
WITH THE SOUTHERLY LINE OF VERNON AVENUE, 50 FEET IN WIDTH; THENCE FROM SAID INTERSECTION ALONG
SAID SOUTHERLY STREET LINE NORTH 89' 35' 00" EAST 336.59 FEET TO THE WESTERLY LINE OF THE
100-FOOT-WIDE STRIP OF LAND DESCRIBED IN DEED TO THE CITY OF LOS ANGELES RECORDED ON MAY 25,
1927, IN BOOK 6702, PAGE 102 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE
SOUTH 00' 23' 31" EAST 5.00 FEET TO ALINE THAT IS PARALLEL WITH AND MEASURED 5.00 FEET SOUTHERLY
WITH SAID SOUTHERLY LINE OF VERNON AVENUE; THENCE ALONG SAID PARALLEL LINE, SOUTH 89' 35' 00"
WEST 279.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
52.40 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 81.65 FEET THROUGH A
CENTRAL ANGLE OF 87' 57' 43" TANGENT TO A LINE THAT IS PARALLEL WITH AND MEASURED 5.0 FEET
EASTERLY OF THE EASTERLY LINE OF ALCOA AVENUE AS NOW ESTABLISHED; THENCE ALONG SAID PARALLEL
LINE SOUTH 00' 22' 43" EAST 206.07 FEET TO THE NORTHERLY LINE OF THAT CERTAIN RAILWAY RIGHT OF WAY
33.5 FEET IN WIDTH DESCRIBED AS PARCEL N0. 1, IN THE DEED TO CENTRAL MANUFACTURING DISTRICT, INC.,
RECORDED DECEMBER 31, 1925 IN BOOK 5199 PAGE 360 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 89' 42' 39" WEST 5.00 FEET TO
SAID EASTERLY STREET LINE OF ALCOA AVENUE; THENCE ALONG SAID EAST LINE NORTH 00' 22' 43" WEST
266.03 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 3,567.5 SQUARE FEET OR 0.819 ACRE MORE OR LESS.
STREET DEDICATION
4328 ALCOA AVENUE, CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCALE N.A. SEABOARD ENGINEERING CO. X06 "o. 18-064
1415 E. COLORADO STREET, SUITE 205 DRAWN BY Mp GLENDALE, CA. 91205 ~A~ 4/04/19
CHECKED BY ~L. (310) 277-7337 FAX (818) 550-7339
MD SEABOARD~SEABOARDENGCO.COM PAGE ~ OF ~
Page 506 of 508
0
W `°
N
Z ^ °~ ~ o
Q
~ ~ N
~i o N
30.00' ~~~ 25 ~~ ~r
3 Ip fi
V~ N J _ cv Q~ o O
N Z N
O 1_
Z \
25.00'
w
N N
O O
C/)
EXHIBIT "B"
AREA = 3,567.50 SF OR 0.819 AC. 0
LEGEND: >
STREET DEDICATION o
0
VERNON o AVENUE o
N 89'35'00" E 1194.48'
%~~~
d=87'57'43"
R = 52.0'
L=81.65'
/1
-- 5.00'
-= --:• I/ •
:• 11 • •
PORTION LOT 7
500 ACRE TRACT OF THE LOS ANGELES
FRUITLAND A5SOCIATION
M.R. 3/ 156-157
WESTERLY LINE OF
100' WIDE CITY OF
LOS ANGELES DWP R/W
S 89'42'39" W 336.65'
i~
N
i~
cD
CD N
N
WI w
~~
N N
0 0
0.00' 331.65' ~
S 89'42'39" W o M 361.65'
— ~ —
_ RAILROAD ~ ^_ f SPUF~- LINE._
i ADDRESS: 4328 ALCOA AVENUE, VERNON, CA. 90047
STREET DEDICATION
4328 ALCOA AVENUE, CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
scA~ 1 "= 60' - 0" SEABOARD ENGINEERING CO. ~oB "o. 18-064
1415 E. COLORADO STREET, SUITE 205 DRAWN BY Mp GLENDALE, CA. 91205 ~A~ 4/04/19
CHECKED BY ~L. (310) 277-7337 FAX (818) 550-7339 MD SEABOARD~SEABOARDENGCO.COM PAGE ~ OF ~
Page 507 of 508
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 April 4, 2019, executed by PPF Dedeaux Industrial
3425 E Vernon Avenue, LP, a Delaware limited partnership, 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 June 4, 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
Page 508 of 508