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2019-06-18 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 18, 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. Citywide Budget Overview Recap and City Administration Department - presented by Carlos Fandino, City Administrator 2. City Attorney Department - presented by Hema Patel, City Attorney 3. Police Department - presented by Anthony Miranda, Chief of Police 4. Vernon Public Utilities Department - presented by Abraham Alemu, Interim General Manager of Public Utilities Recommendation: No action required by City Council. This is a presentation only. Page 1 of 607 Regular City Council Meeting Agenda June 18, 2019 2. Human Resources Employee Service Pin Awards for May 2019 Recommendation: No action required by City Council. This is a presentation only. 1. Service Pin List for May 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. 3. City Clerk Minutes of the Regular City Council Meeting Held on June 4, 2019 Recommendation: A. Receive and File 1. 2019-06-04 City Council Minutes 4. City Administration Approval of Additional Funds for Contract IT- 0063 for Telecommunication Services Provided by AT&T through the State of California CALNET 3 Contract Recommendation: A. Find the approval of the proposed actions 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 as a "project" as defined by CEQA Guidelines Section 15378; and B. Ratify payments of $145,009.85 made to AT&T for CALNET 3 telecommunications services from the period of November 30, 2015 to June 30, 2018; and C. Ratify payments of $97,443.06 made to AT&T for CALNET 3 telecommunications services from the period of July 1, 2018 to May 30, 2019; and D. Authorize the use of additional funds for telecommunications services from AT&T in an amount not-to-exceed $200,000 for the remaining term of CALNET 3 for the period of June 1, 2019 to June 30, 2020. 1. CALNET 3 2018 Contract Extension Notice 2. CALNET 3 2019 Contract Extension Notice 3. CALNET 3 ATO Approved 11-17-2015 5. Finance/ Treasury Approval of Operating Account Warrant Register No. 24 Covering the Period of May 28 through June 10, 2019 Page 2 of 607 Regular City Council Meeting Agenda June 18, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 24 which totals $7,301,223.81 and consists of the following: 1) Ratification of electronic payments totaling $6,856,850.65. 2) Ratification of the issuance of early checks totaling $382,740.69. 3) Authorization to issue pending checks totaling $61,632.47. 1. Operating Account Warrant Register No. 24 6. Finance/ Treasury Approval of City Payroll Warrant Register No. 756 Covering the Period of May 01 through May 31, 2019 Recommendation: A. Approve City Payroll Warrant Register No. 756 which totals $2,842,065.88 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,229,503.28. 2) Checks and electronic fund transfers (EFT) paid through Operating bank account totaling $612,562.60. 1. City Payroll Warrant Register No. 756 7. Finance/ Treasury Approval of Federal Funds for Street Improvements Account Warrant Register No. 28 Covering the Period of May 28 through June 10, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 28 which totals $28,883.80 and consists of the following: 1) Ratification of electronic payments totaling $28,883.80. 1. Federal Funds for Street Improvements Warrant Register No. 28 8. 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. 22 to record voided Check No. 602885 in the amount of $13,500.00 issued 05/09/19 to Covarrubias, Juan. Page 3 of 607 Regular City Council Meeting Agenda June 18, 2019 9. Fire Department Fire Department Activity Report for the Period of May 16 through May 31, 2019 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 05/16/19 to 05/31/19 10. Public Utilities Approval of a Blanket Purchase Order for Equipment Purchases for Fiscal Year 2019- 2020 with Schweitzer Engineering Laboratories, Inc. c/o Matzinger-Keegan, Inc. Recommendation: A. Find that approval of additional funds 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 even if it were considered to be a “project,” the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing equipment where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced; and B. Approve the issuance of a blanket Purchase Order with Schweitzer Engineering Laboratories, Inc. ("SEL") c/o Matzinger-Keegan, Inc. ("MKI") in an amount not-to-exceed $20,000 for potential equipment purchases during fiscal year 2019-2020. 11. Public Utilities Approval of a Blanket Purchase Contract for Internet Connection Equipment with Fujitsu Network Communications for Fiscal Year 2019-2020 Recommendation: A. Find that approval of additional funds 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 even if it were considered to be a “project,” the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing equipment where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced; and B. Approve the issuance of a blanket Purchase Contract with Fujitsu Network Communications in an amount not-to-exceed $25,000 for potential equipment purchases during fiscal year 2019-2020. Page 4 of 607 Regular City Council Meeting Agenda June 18, 2019 12. Public Works Contract Award for City Contract No. CS-1093: Sierra Pine Avenue Improvements Recommendation: A. Find that the award of the proposed Capital Improvement Project at Sierra Pine Avenue is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Accept the bid proposal from Hardy & Harper, Inc. as the lowest responsive and responsible bidder for the Sierra Pine Avenue Improvements Project and reject all other bids; and C. Approve and authorize the City Administrator to execute Contract No. CS-1093, in substantially the same form as submitted herewith, in an amount not to exceed $247,511 for the Sierra Pine Avenue Improvements Project, for a period not to exceed 30 calendar days; and D. Authorize a contingency of $25,000 in the event an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. 1. Contract Agreement No. CS-1093 for Sierra Pine Avenue Improvements 13. Public Works Award of City Contract No. CS-1061: 53rd St., 54th St., 55th St., 57th St., & Hampton St. Improvements Recommendation: A. Find that the award of the proposed Capital Improvement Project at 53rd St., 54th St., 55th St., 57th St., and Hampton Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves no expansion of existing use; and B. Accept the bid proposal from Hardy & Harper Inc., a California corporation, as the lowest responsive and responsible bidder for the 53rd St., 54th St., 55th St., 57th St., and Hampton Street Improvements Project and reject all other bids; and C. Approve and authorize the City Administrator to execute contract CS-1061, in substantially the same form as submitted herewith, in an amount not to exceed $407,625 for the 53rd St., 54th St., 55th St., 57th St., and Hampton Street Improvements Project, for a period not to exceed 45 calendar days; and Page 5 of 607 Regular City Council Meeting Agenda June 18, 2019 D. Authorize a contingency of $40,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. 1. Contract Agreement No. CS-1061 - 53rd St., 54th St., 55th St., 57th St., and Hampton St NEW BUSINESS 14. City Clerk A Resolution calling for the Special Municipal Election to be Held on October 15, 2019, for the Election of a Certain Officer and a Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of the Special Municipal Election Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution calling for the holding of the Special Municipal Election to be held on October 15, 2019 for the Election of a City Councilmember to fill the unexpired term of former Councilmember Yvette Woodruff-Perez; and C. Adopt a Resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the city relating to the conduct of the Special Municipal Election to be held on October 15, 2019. 1. Calling October 15, 2019 Special Municipal Election - Resolution 2. Requesting County Services for October 15, 2019 Special Municipal Election - Resolution 15. Human Resources A Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(b)(1) and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan adopting the following revised job descriptions effective June 18, 2019: -Utilities Operations Manager Page 6 of 607 Regular City Council Meeting Agenda June 18, 2019 2) Amend Exhibit A, Classification and Compensation Plan adopting the correction of employee group designation for the following classification effective June 18, 2019: -Assistant Fire Marshal FM Grade 29 to Assistant Fire Marshal M Grade 29 3) Approve the recommended reclassification of incumbents in certain classifications effective July 21, 2019, as follows: -Current Classification and Salary Grade & Reclassification Recommendation and Salary Grade Administrative Assistant Confidential (Grade 13) to Administrative Secretary (Grade 20) Two (2) Associate Engineers (Grade 29) to Project Engineers (Grade 31) Information Technology Technician (Grade 22) to Information Technology Analyst (Grade 26) 4) Amend Section 11: Automobile Allowance and Reimbursement for Expenses of the Fringe Benefits and Salary Resolution effective June 18, 2019, as follows: -Add the classification title of Environmental Health Program Administrator, to be eligible for a $400/month automobile allowance; -Correct the classification title of Finance Director to Director of Finance/City Treasurer; -Correct the classification title of Health Director to Director of Health and Environmental Control 1. Resolution - Amended and Restated Citywide Fringe Benefits and Salary Resolution 2. Job Description - Utilities Operations Manager 16. Public Utilities A Resolution Declaring the City’s Official Intent To Reimburse Expenditures from the Proceeds of Obligations to be Issued by the City of Vernon, a Related Party or Other Affiliate, and Approving Certain Related Actions Recommendation: A. Find that adoption of the proposed Resolution does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because the intent to reimburse expenditures from the proceeds of obligations merely establishes a government funding mechanism that does not identify individual specific projects to be constructed with the funds; and B. Adopt a Resolution declaring the City’s official intent to reimburse expenditures from the proceeds of obligations to be issued by the City of Vernon, a related party or other affiliate, and approving certain related actions. 1. Resolution declaring the Citys Official Intent to Reimburse Expenditures from the Proceeds of Obligations to be issued by Vernon 2. Water Division Projected 3-year Capital Improvements Page 7 of 607 Regular City Council Meeting Agenda June 18, 2019 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 17. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2) and (4) Number of potential cases: 2 (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. (2) The City was for several months in a dispute with the Central Basin Municipal Water District (“CBMWD”) with regard to certain provisions of a long-term agreement between the City and CBMWD. Under that agreement, the City paid approximately $2.5 million to build certain water-related infrastructure in the City to take recycled water from CBMWD. For its part, CBMWD, under the agreement, is obligated to reimburse the City for that capital outlay in the form of a credit on its monthly water bill. The agreement also restricted CBMWD’s ability to increase the City’s recycled water rate. CBMWD challenged these provisions by unilaterally increasing the City’s recycled water rate beyond the rate increase cap imposed by the agreement and ceased applying the monthly credit even though the City’s capital expense was not fully reimbursed with interest. Rather than engage in uncertain and potentially expensive litigation to determine the parties’ respective rights and obligations under the agreement, the parties negotiated a settlement in the form of an amendment to the agreement. Page 8 of 607 Regular City Council Meeting Agenda June 18, 2019 18. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Bicent (California) Malburg LLC et al. vs. City of Vernon et al., Cal. Sup. Ct., Case No. 19STCV08859 19. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of potential cases: 1 20. 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 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 13th day of June, 2019. By: ________________________________ Maria E. Ayala City Clerk Page 9 of 607 City Council Agenda Item Report Agenda Item No. COV-163-2019 Submitted by: Diana Figueroa Submitting Department: City Administration Meeting Date: June 18, 2019 SUBJECT Fiscal Year 2019/2020 Budget Study Sessions 1. Citywide Budget Overview Recap and City Administration Department - presented by Carlos Fandino, City Administrator 2. City Attorney Department - presented by Hema Patel, City Attorney 3. Police Department - presented by Anthony Miranda, Chief of Police 4. Vernon Public Utilities Department - presented by Abraham Alemu, Interim General Manager of Public Utilities 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 18, 2019, Budget Study Session presentations will be delivered as follows: 1. Citywide Budget Overview Recap and City Administration Department - presented by Carlos Fandino, City Administrator 2. City Attorney Department - presented by Hema Patel, City Attorney 3. Police Department - presented by Anthony Miranda, Chief of Police 4. Vernon Public Utilities Department - presented by Abraham Alemu, Interim General Manager of Public Utilities 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. ATTACHMENTS Page 10 of 607 City Council Agenda Item Report Agenda Item No. COV-269-2019 Submitted by: Veronica Avendano Submitting Department: Human Resources Meeting Date: June 18, 2019 SUBJECT Employee Service Pin Awards for May 2019 Recommendation: No action required by City Council. This is a presentation only. Background: Submitted herewith is a list of employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Impact: None. ATTACHMENTS 1. Service Pin List for May 2019 Page 11 of 607 MAY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Vincent A. Rodriguez Public Works Public Works Superintendent 5/13/1984 35 Miguel A. Hernandez Jr.Police Police Officer 5/4/2009 10 2019 SERVICE PIN LIST Page 12 of 607 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JUNE 4, 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 7:30 a.m. by Mayor Melissa Ybarra; Councilmember William Davis led the flag salute. Mayor Ybarra called for a moment of silence in honor of the victims of the recent Virginia Beach shooting. Mayor Pro-Tempore Leticia Lopez joined the meeting at 7:32 a.m. 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. 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. City Clerk Ayala announced the presentations. All presentations provided via PowerPoint. City Administrator Carlos Fandino provided an overview of the City’s Budget. Page 13 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 2 of 10 City Council had questions regarding Fire Department Services from the City of Los Angeles and the City’s projected unfunded pension liability. City Administrator Fandino and Director of Finance, William Fox, responded accordingly. City Clerk Ayala provided a presentation on the Office of the City Clerk budget. Director of Finance Fox provided a presentation on the Finance Department budget. Director of Health and Environmental Control Department, Fredrick Agyin provided a presentation on the Health and Environmental Control Department budget. Mayor Ybarra inquired as to the budgeted amount for “Capital” expenditures. Director Agyin responded accordingly. Director of Human Resources, Michael Earl provided a presentation on the Human Resources Department budget. Manager of Information Technology Department, Ernesto Smith provided a presentation on the Information Technology Division budget. Mayor Ybarra recessed the meeting at 9:12 a.m. Mayor Ybarra reconvened the meeting at 9:19 a.m. 2. A Proclamation for Gautier Land Company Recommendation:A. Present a proclamation to Gautier Land Company in Recognition of their 100th Anniversary. City Clerk Ayala read the proclamation. Mayor Ybarra presented the proclamation to Mr. Steve Fraser, President Gautier Land Company, who was in attendance. Mr. Fraser thanked the City. 3. Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards Recommendation:No action required by City Council. This is a presentation only. Police Chief Anthony Miranda conducted the D.A.R.E Award presentation and provided a brief overview of the D.A.R.E. program. Officer Alexy Escobedo announced the D.A.R. E. award winners: Betzy Carranza, David Pineda, and Abigail Mitchell. Mayor Ybarra presented the awards to the three essay winners. 4. 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 Page 14 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 3 of 10 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. City Clerk Ayala announced the Direct Service Grant Recipients: Huntington Park Youth Football and Cheer, Ben Valdez, President, Ana Covarrubias, Vice President, Wendy Carrillo, Second Vice President, Sarah Huerta, Third Vice President, Michelle Ybarra, and Anthony Selva, Sergeant of Arms; Las Fotos Project, Eric Ybarra, Executive Director; Opportunity Fund, Losefa Alofaituli, Regional Director; Projecto Pastoral at Dolores Mission, Sophia Sleap, Interim Development Director. Mayor Ybarra presented the Direct Service Grant Certificate Awards to the grant recipients who were in attendance. City Clerk Ayala announced the Capital Grant Recipients: California Children’s Academy, Barbara Shoji, CEO and Karen Pinedo, Facilities and Compliance Manager; Clinica Romero, Carlos Vaquerano, Executive Director; and Ingrid Estrada, Development Director; InnerCity Struggle, Maria Brenes, Executive Director. Mayor Ybarra presented the Capital Grants Certificate Awards to the grant recipients who were in attendance. City Clerk Ayala announced the Scholarship Grants Recipients: Yani Martinez, Nayeli Alvarado, Kimberly Robles; Valeria Valencia; Arianna Romero; Julie Quintero; Hector Ruiz. Mayor Ybarra presented the Scholarship Grant Certificate Awards to the grant recipients who were in attendance. 5. 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. City Clerk Ayala read the proclamation honoring former Council Yvette Woodruff-Perez who was not in attendance. CONSENT CALENDAR 6. Claim for Damages from Christina Sanchez received on May 20, 2019 Recommendation:A. Receive and File Page 15 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 4 of 10 7. Claim for Damages from Christian V. Miranda received on May 20, 2019 Recommendation:A. Receive and File 8. Claim for Damages from Christopher M. Miranda received on May 20, 2019 Recommendation:A. Receive and File 9. Claim for Damages from Carlos Sanchez Jr. received on May 20, 2019 Recommendation:A. Receive and File 10. Claim for Damages from Angel S. Miranda received on May 20, 2019 Recommendation:A. Receive and File 11. Claim for Damages from Aiddan M. Sanchez received on May 20, 2019 Recommendation:A. Receive and File 12. Claim for Damages from Jasmine Sanchez received on May 20, 2019 Recommendation:A. Receive and File 13. Minutes of the Regular City Council Meeting Held on May 21, 2019 Recommendation:A. Receive and File 14. 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. 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. 16. 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. Page 16 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 5 of 10 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. 17. 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. 18. Fire Department Activity Report for the Period of May 1 through May 15, 2019 Recommendation:A. Receive and file. 19. Vernon Police Department Activity Log and Statistical Summary for the period of May 1 through May 15, 2019 Recommendation:A. Receive and file. 20. 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. Page 17 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 6 of 10 21. Public Works Department April 2019 Monthly Building Report Recommendation:A. Receive and File No public comment provided. It was moved by William Davis and seconded by Leticia Lopez to approve Consent Calendar Agenda Items 6 through 21. Motion carried, 4 - 0. Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None NEW BUSINESS 22. 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. Interim General Manager of Public Utilities, Abraham Alemu reported on the proposed. Mayor Ybarra inquired as to the number of active ground water wells located within the City. Assistant General Manager of Public Utilities, Todd Dusenberry, responded accordingly. No public comment provided. It was moved by Leticia Lopez and seconded by Carol Menke 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 theCity Administrator to execute the Construction Contract with General Pump Company, Inc. with an effective date of July 1, 2019. Motion carried, 4 - 0. Page 18 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 7 of 10 Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 23. 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. Director of Public Works Department, Daniel Wall,reported on the proposed. No public comment provided. It was moved by William Davis and seconded by Carol Menke 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. Motion carried, 4 - 0. Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 24. 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 Page 19 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 8 of 10 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. Director Wall reported on the proposed. No public comment provided. It was moved by Leticia Lopez and seconded by William Davis 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. Motion carried, 4 - 0. Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None ORAL REPORTS Bruce English, Fire Chief, reported on the following: on June 1st, Vernon FD hosted the Annual Fire Department Breakfast; on May 26th Vernon FD and Vernon PD responded to a fall victim (photo displayed) on 26th street bridge at the LA river; today, June 4th Vernon FD will host eleven Vernon elementary students that have had perfect attendance for lunch. Abraham Alemu, Interim General Manager of Public Utilities reported on the following: power outage on May 30th, he commended Petrelli for a great job done repairing the connections, restoring service, and conducting a scheduled performance test; on June 2nd Vernon PU experienced a system-wide low voltage event that lasted at total of 4 cycles. Michael Earl, Director of Human Resources, reported on the following: the Health and Wellness Fair will be held on June 6 th. Anthony Miranda, Chief of Police, reported on the following; on May 21st Vernon PD conducted an investigation of twoburglary reports; on May 22nd Vernon PD Officersattended the 50th Annual Los Angeles Peace Officers’ Memorial ceremony; on May 26th Vernon PD Officers investigated a deceased body located at the Los Angeles Riverbed; on May 31 st Vernon PD conducted a DUI- Driver’s License checkpoint; June 4th Vernon PD Officers will participate in the Special Olympics’ Torch Run. Carlos Fandino, City Administrator reported on the following: on June 10th at noon and June 12th in the evening, the City will be hosting informational Town Hall Meetings to discuss Vernon Fire Page 20 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 9 of 10 Services and the Los Angeles County Fire Services proposal; members of Los Angeles County Fire Department will conduct a presentation; the VHC Meeting will have a later start of 7:00 p.m. CLOSED SESSION City Council entered closed session at 10:02 a.m. 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 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. Page 21 of 607 Regular City Council Meeting Minutes June 4, 2019 Page 10 of 10 At 10:35 a.m. City Council exited closed session. Senior Deputy City Attorney, Brian Byun reported that two cases were discussed with no reportable action taken. ADJOURNMENT With no further business, at 10:35 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk Page 22 of 607 City Council Agenda Item Report Agenda Item No. COV-239-2019 Submitted by: Alexis Amado Submitting Department: City Administration Meeting Date: June 18, 2019 SUBJECT Approval of Additional Funds for Contract IT- 0063 for Telecommunication Services Provided by AT&T through the State of California CALNET 3 Contract Recommendation: A. Find the approval of the proposed actions 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 as a "project" as defined by CEQA Guidelines Section 15378; and B. Ratify payments of $145,009.85 made to AT&T for CALNET 3 telecommunications services from the period of November 30, 2015 to June 30, 2018; and C. Ratify payments of $97,443.06 made to AT&T for CALNET 3 telecommunications services from the period of July 1, 2018 to May 30, 2019; and D. Authorize the use of additional funds for telecommunications services from AT&T in an amount not-to-exceed $200,000 for the remaining term of CALNET 3 for the period of June 1, 2019 to June 30, 2020. Background: Since 2011, the City has purchased voice, data and long distance telecommunication services from AT& T through their negotiated contracts with the State of California. On November 15, 2013, AT&T and the State of California entered into a new contract (CALNET 3 Contract) for telecommunications services. CALNET 3 is a competitively bid contract that provides a comprehensive array of telecommunications and network services to public entities throughout the State. The CALNET 3 Contract was for an initial term of three years and provided for up to two one-year extensions at the sole discretion of the State. Under the CALNET 3 Contract, any public agency is allowed to order services and products as set forth in the contract by completing and submitting an Authorization to Order form (“ATO”). Accordingly, on November 17, 2015, the City Council approved the ATO necessary to acquire telecommunication services from AT&T. At the time, staff indicated the total cost of the ATO for the three-year term would be approximately $133,956. However additional accounts were added during this initial three-year period which resulted in an increased cost of $145,009.85. In accordance with Section 2.17.12(A)(5)(b) of the Vernon Municipal Code, the ATO with AT&T for the State of California CALNET 3 Contract was exempt from competitive bidding as services would be purchased from AT&T at the same prices, term and conditions as in a previous award from another public agency by competitive bid. On January 1, 2018, the California Department of Technology exercised its option to extend the CALNET 3 contract with AT&T until June 30, 2019. Although the ATO executed by the City in 2015 noted the potential for up to two separate one-year extensions, staff did not account for the cost of any potential extensions in the initial request for City Page 23 of 607 Council approval of the ATO in 2015. Staff is now requesting ratification of the payments made to AT&T to date for the first extension in the amount of $97,443.06 On March 15, 2019, the California Department of Technology exercised its final one year option to extend the CALNET 3 contract with AT&T until June 30, 2020. Based on current usage and established rates, staff estimates the cost will be approximately $200,000 for the remainder of the ATO including the second one-year extension. The City's ability to take advantage of the negotiated CALNET 3 rates is essential in ensuring the City receives optimum value in the procurement of telecommunication services as CALNET 3 rates are lower than the rates the City would be able to obtain on its own. Fiscal Impact: Contract IT-0063 associated with the ATO approved in 2015 was allotted $133,956.00 for the three-year period from 2015-2018. However additional accounts were added to the original contract which resulted in an increased cost of $145,009.85 during the initial three-year period. The fiscal impact for the FY 2018/2019 extension to date is $97,443.06. Staff has modified estimated costs for the remainder of the contract to capture all relevant City accounts. The cost for the remainder of the 2018/2019 fiscal year and the one year extension for FY 2019/2020 is estimated to be up to $200,000 making the total not-to-exceed amount of the contract $576,408.91 for the total period of five years. Adequate funds were available in the respective FY budgets for IT to cover the payments made to AT&T. The cost of $200,000 for the remainder of the ATO pursuant to the most recent CALNET 3 renewal by the State will be included in the Information Technology budget for FY 2019/2020. ATTACHMENTS 1. CALNET 3 2018 Contract Extension Notice 2. CALNET 3 2019 Contract Extension Notice 3. CALNET 3 ATO Approved 11-17-2015 Page 24 of 607 Page 1 | 2 Notification: 18-01 Date: January 1, 2018 SUBJECT: CALNET 3 CONTRACT EXTENSIONS The California Department of Technology (CDT) has exercised its final one (1) year option to extend all CALNET 3 contracts identified below. The new expiration date for all CALNET 3 contracts will be June 30, 2019. IFB-A Awarded Categories/Subcategories IFB-A Awarded Contractors 1.1 Dedicated Transport AT&T, and Verizon 1.2 MPLS VPN and Converged VoIP AT&T, Electric Lightwave, Jive, NWN, and Verizon 1.3 Standalone VoIP AT&T, Electric Lightwave, Jive, and Verizon 1.4 Long Distance AT&T, and CenturyLink 1.5 Toll Free AT&T, CenturyLink, and Verizon 1.6 Legacy Telecommunications AT&T IFB-B Awarded Categories/Subcategories IFB-A Awarded Contractors 2 Network Based Web Conferencing AT&T, CenturyLink, and NWN 3 Metropolitan Area Network (MAN) Ethernet AT&T, CenturyLink, Comcast, Cox, Level 3, and Electric Lightwave 4.1 SONET- Ring Connectivity Electric Lightwave and Verizon 4.2 SONET – Point-to-Point Connectivity AT&T, Verizon and Zayo 5 Managed Internet Services AT&T, CenturyLink, Comcast, Cox, Level 3, Verizon and Electric Lightwave 6.1 Hosted IVR/ACD Services AT&T, NWN and Verizon 7 Network Based Managed Security AT&T, CenturyLink and Verizon IFB-C Awarded Categories/Subcategories IFB-A Awarded Contractors 10.1 Satellite Voice Services Ground Control Systems, IP Access, Quadrigae, and Remote Satellite System Page 25 of 607 Page 2 | 2 This CALNET 3 extension will provide State, Local Government and E-Rate customers a sufficient amount of time to plan for fiscal year funding and file appropriate forms (e.g. ERATE Form 471) for reimbursement. With the new contract term of June 30, 2019, CALNET still has the option to extend all CALNET Categories/Subcategories with one, one-year option to extend to 2020 remaining. Please forward this bulletin to others within your organization that may need this information. If you have any questions regarding this Bulletin, please contact the CALNET Customer Service Line at (916) 657-9150 or email CIOCALNEThelp@state.ca.gov for assistance. Page 26 of 607 Page 1 | 2 Notification: 19-02 Date: March 15, 2019 SUBJECT: CALNET 3 CONTRACT EXTENSIONS The California Department of Technology (CDT) has exercised its final one (1) year option to extend all CALNET 3 contracts identified below. The new expiration date for all CALNET 3 contracts will be June 30, 2020. IFB-A Awarded Categories/Subcategories IFB-A Awarded Contractors 1.1 Dedicated Transport AT&T, and Verizon 1.2 MPLS VPN and Converged VoIP AT&T, Jive, NWN, Verizon and Zayo 1.3 Standalone VoIP AT&T, Jive, Verizon and Zayo 1.4 Long Distance AT&T, and CenturyLink 1.5 Toll Free AT&T, CenturyLink, and Verizon 1.6 Legacy Telecommunications AT&T IFB-B Awarded Categories/Subcategories IFB-A Awarded Contractors 2 Network Based Web Conferencing AT&T, CenturyLink, and NWN 3 Metropolitan Area Network (MAN) Ethernet AT&T, CenturyLink, Comcast, Cox, Level 3, and Zayo 4.1 SONET- Ring Connectivity Zayo and Verizon 4.2 SONET – Point-to-Point Connectivity AT&T, Verizon and Zayo 5 Managed Internet Services AT&T, CenturyLink, Comcast, Cox, Level 3, Verizon and Zayo 6.1 Hosted IVR/ACD Services AT&T, NWN and Verizon 7 Network Based Managed Security AT&T, CenturyLink and Verizon IFB-C Awarded Categories/Subcategories IFB-A Awarded Contractors 10.1 Satellite Voice Services Ground Control Systems, IP Access, Quadrigae, and Remote Satellite System Page 27 of 607 Page 2 | 2 The CALNET Program is working to award the Next Generation of CALNET contracts to ensure the continuance of telecommunications services for state and local government customers. Current CALNET customers will receive additional notifications providing information and direction as CALNET 3 converts to the Next Generation of CALNET services. Please forward this bulletin to others within your organization that may need this information. If you have any questions regarding this Bulletin, please contact the CALNET Customer Service Line at (916) 657-9150 or email CIOCALNEThelp@state.ca.gov for assistance. Page 28 of 607 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: AT&T CONTRACT PURPOSE: Authorization to Order Agreement with AT&T for the State of California CALNET 3 Contract for telecommunications and network services for a period effective upon the execution of the Authorization to Order Agreement through June 30, 2018. CONTRACT IS: FEDERAL 0 PREVAILING WAGE 0 COMPETITIVE SELECTION&NOTICED RFP COMPETITIVE BID &NOTICED INVITATION TO BID EXEMPT FROM COMPETITIVE PROCESS(APPROVAL ATTACHED) SERVICES 0 MATERIALS ilBUDGETED 0 NOT BUDGETED TOTAL CONTRACT VALUE: $133,956 (approximate value) Charge Acct. No(s) 011.9019.560010 Amendment Value$ Contract is an Amendment to Contract No. if applicable) RESPONSIBLE DEPARTMENT PERSON: Veronica Loya PHONE: ext. 133 6AUTHORIZATION: Approved by Council on 11/17/2015 Check One) Resolution No. if applicable) 0 Approved by City Administrator on Note:Attach supporting documentation Amendment Approved by if applicable) ROUTING SEQUENCE: (Please Follow In Order—Do not use N/A) Initials Date 1)Responsible Department Person 8/06,73-Checks substance of contract and assembles two(2) copies of 1' ' o contract, insurance&bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance 2)Liability and Claims Approves insurance and sureties, ifbonds required 3)Finance(Purchasing)1A1 Checks compliance with Competitive Bidding& Living Wage Ordinances 41 and reflected in current budget 4) City Attorney 1 /)5- Approves contract as to form, verifies bonds and insurance included I 5)City Signatory Signs all copies on behalf of City CIS 6)City Clerk Attests signatures,numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice,notifies any"consultant"of duties to file Form 700, if applicable Rev. 1/27/14Page 29 of 607 TRANSMITTAL COMMUNICATION Page 30 of 607 t....o 1' ', T et.,t , 0 f /-1- 14,1 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 November 30,2015 Ms. Pat A.Barrett Sr. Account Manager AT&T—Government/Education Client Group 1150 S. Olive Street, Suite 1820 Los Angeles, CA 90015 Re: CalNet3 Contract Dear Ms. Barrett: Transmitted herewith are two partially executed contracts, as referenced above, approved by City Council on November 17, 2015. Please return one fully executed original contract to the undersigned. If you have any questions regarding this matter,please contact Ernesto Smith at( 323) 583- 8811 ext. 369. Very truly ours, r, e2 Deborah R. Juarez Records Management Assistant Enclosures c: Ernesto Smith Purchasing Department Agreement File No. 15-106 Exclusively Industrial Page 31 of 607 PARTIALLY EXECUTED AGREEMENT Page 32 of 607 ATTACHMENT 4—AUTIKEEZA11014 TO ORDER(ATO) Page 1 of 4 AUTHORIZATION TO ORDER UNDER STATE CONTRACT AT&T and the State of Ca ifornia ("Staff") have entered into a Contract for CAI.NET 3 Statewide Contract A (SWC-A), C3-A4210-TS-01, for the folowing Subcategories and terms. The State may, at its sole elect to extend the Contract term for up to the number of add' al periods of one(1)yeareach as wed below. 1 year Optional ElitiliEtliel Eq{__ S'iBSlialingtma 1.1 DedicatedTransport November 15,2013 June 30,2018 2 1.2 MPLS,VPN and Converged November 15,2013 June 30,2018 2 VoIP 1.3 Standalone VelP November 13,2013 June 30,2018 2 1.4 Long Distance Clang November 15,2013 June 30,2018 2< E 1.5 To Free Doffing" November 15,2013 June 30, 2018 2 1.8 Legacy Telecom unica ions November 15,2013 June 30,2017 3 Pursuant to the Contract, which is incorporated herein by reference, any public agency, as dined In Government Code section 11541, is allowed to order services and products Services")solely as set forth i n the Contract. A non-Staff pt is Entity(herein"Non-State Entity")shall also be regi ed to complete and submit this Authorization to Order(ATO)Under Sir Contract prior to ordering Services. A description of the Service(s),twicable rates and dunes and the specific terms and conditions under which the Services)will be provided to a Flexr-State Entity are fu y set forth in the Contract. Access to the Contract is available at htto://www.otech.ca.atov/stud/cainet3/. City of Vernon I ("Non-State Entity") dukes to order Service(s), and6ontractoragreestoprovIdesuchService(s), as identified in the State of California, Telecommunications Service Request(Form. 20), pursuant to the terms and corklitions and rates contained in the Contract. i.rtate customers. Only corm if applying for E-Rate fd: Insert Non-State Entity Name pore 'intends to seek U niversct Service Funding(E-Rate)for ekible services provided under ATO. The Service(s)ordered under this ATO shall commence [ Insert month,day,year I ("Service Cate'). Upon the Service Date,this ATO supersedes and replaces any applicable serving arrangements between Contractor and Non-State Agency for the Service(s) being ordered under this ATO. Page 33 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER( ATO) Page 2 of 4 This ATO shall become effective upon execution by Non-State Entity, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division (OTech/STND). No Service(s) shall be ordered by Non-State Entity or provided by Contractor until this ATO has been executed by both parties and approved by OTech/STND. By executing this ATO, Non-State Entity agrees to subscribe to the selected services, and Contractor agrees to provide selected services, in accordance with the terms and conditions of this ATO and the Contract. Upon execution of this ATO by Non-State Entity and Contractor, Contractor shall deliver this ATO to'=OTech/STND for review and approval. The State may, at its sole discretion, revoke any applicable previously approved ATO. The OTech/STND will provide Contract management and oversight, and upon request by the Non- State Entity or Contractor, will advocate resolving any Contract service issues. The ATO, and any resulting Form 20, is a Contract between the Non-State Entity and the Contractor. The State will not represent the Non-State Entity in resolution of litigated disputes between the parties. Non-State Entity may terminate this ATO, for specific Service(s) or in,total, prior to termination of the Contract, by providing the Contractor with thirty (30) calendar days' of written notice of cancellation.This ATO shall not exceed the term of the CALNET 3 Contract. Non-State Entity, upon execution of this ATO, certifies that Non-State Entity understands that Contractor and the State may, from time to time and without Non-State Entity's consent, amend the terms and conditions of the Contract thereby affecting the terms of service Non-State Entity receives from Contractor. Non-State Entity, upon execution of this ATO, certifies that it has reviewed the terms and conditions, including the rates and charges,of the Contract. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the State, pursuant to provisions of the Contract. All Service(s) ordered under this ATO will be submitted using the Form 20, signed by the Non- State Entity's authorized signatory. Any additions or deletions to Service(s) shall likewise be accomplished by submission of a Form 20, noting changes. The Non-State Entity understands that Form 20s are subject to review by the CALNET 3 CMO to ensure contract compliance. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that the Contractor shall provide CALNET 3 CMO all data, reports, and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Non-State Entity may, by placing Service orders issued by its duly authorized representative with Contractor, order any of the Service(s) listed in the Contract and selected below. Contractor shall bill Non-State Entity, and Non-State Entity shall pay Contractor according to the terms and conditions and rates set forth in the Contract for such Service(s). Page 34 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 3 of 4 Whenever any notice or demand is given under this Contract to Contractor or Non-State Entity, the notice shall be in writing and addressed to the following: Non-State Entity:Contractor: City of Vernon AT&T 4305 S Santa Fe Ave 2700 Watt Avenue, Room 1213 Vernon,CA 90058 Sacramento, CA 95821 Attn:lEmesto Smith,IT Manager Attn: Contract Program Manager 1323-826-3697 lesmithQci.vemon.ca.us Notices delivered by overnight courier service shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) State business days after mailing. Notices delivered by any other method shall be deemed given upon receipt IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their respective duly authorized representatives: NON-STATE ENTITY CONTRACTOR By: Authorized Signature By: Authorized Signature ez_,24i32<-7t) Printe Name and Title of Person Signing Printed Name and Title of Person Signing Mark Whitworth, City Administrator Date Signed: Date Signed: Approved By: ATTEST: State of California Department of Technology, Statewide Telecommunications and Network Division Maria . Ayala, Citt Clerk APPROV.D AS TO FO'M: By: Authorized Signature: 0, r s P Brian Byun, Deputy ty AttorneyPrintedNameandTitleofPersonSigning: Date Signed: Page 35 of 607 J ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 4 of 4 City of Vernon Select services for Selected Services AT&T C3-A-12-10-TS-01 Customer Initials 0 Dedicated Transport Subcategory 1. 1 0 Multi-Protocol Label Switching(MPLS) Subcategory 1.2 Standalone Voice over Internet Protocol(VoIP)13 Subcategory 1.3 Long Distance Calling Subcategory 1.4 Toll Free CallingCISubcategory1.5 Legacy Telecommunications Subcategory 1.6 Page 36 of 607 AT' AC NT 4—AtiTINNEZATION TO CNIOIER(ATO) Pars 1 of 4 AUTHORIZATION TO Old UNDER STATE CONTRACT AT&T and the Net of California("ate")have entered irdo a Contract for CM.NET 3 Statewide Cam B (SWC-13),.. t 1241@-TSifi1, for the f o vhig and terms. The State ndy, at ft sole option, elect to extend the C term for up to the number of adhOonal periods of revs(1)raw each as kehcated below. 1 year 5.11111 ltlSld endEldlaithtta 2 hettwerk SuedWeb March 26,2014 June 30,2016 2 Cereefatleillc Meth 26,2014 June 30,2016 2 3 kiebegettlan Area Network MAN)Eft 4.2 SO!' f—RorS-Rohit March 26,2014 June 30,2016 2 Connedivay Managed Internet Services March 26,2014 June 30,2016 2 e.1 HesMd IVRIACD Services March 26,2014 June 30,2016 2 T Network Based Managed Idarch 2e,2014 June 30,2016 2 Securely Pursuant to the Core, which is incorporated herein by reference. any pubic agency, as drifted in Government Code section 11541, is allowed to order services and products Services") solely as set forth in the Coract. A non-State public herein"Non-fie Er y")shall also be required to complete and submit this Atelwrizsditet to Order(ATO)Under State Contract prior to ordering Services. A description of the Service(s),applicable rates and charges and the specific terror and conditions telder which the S "(s)will be provided to a Non-Std Entity are fully set forth In the Contract. Access to the Contract is aviaablecit htto://www.otech.ca.aov/stnd/calnet3/ . Cl ofVernon I ("Non-State En desires to orderServices), and nhiscthr A to Pro ide Such Service(s), as identified CI the Stairsof Calfornia, Tearcontrternicraons Service Request (Form. 20), pursed eo the terms and coulitims and rides contained In the Contract. E-1 tS Gus hers Only complete W applying for E-Ratefig: intends es seek Unlversat Service Funding(E-Rate)for ATO. The Service(s)ordered under this ATO shall canenence on service t7 "). Upon the Service Date,this ATO supersedes and >` any serving arrangements between Contractor and Non-Stste Agency for the Service(s)being onheed under this ATO. Page 37 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER (ATO) Page 2 of 4 This ATO shall become effective upon execution by Non-State Entity, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division (OTech/STND). No Service(s) shall be ordered by Non-State Entity or provided by Contractor until this ATO has been executed by both parties and approved by OTech/STND. By executing this ATO, Non-State Entity agrees to subscribe to the selected services, and Contractor agrees to provide selected services, in accordance with the terms and conditions of this ATO and the Contract. Upon execution of this ATO by Non-State Entity and Contractor, Contractor shall deliver this ATO to OTech/STND for review and approval. The State may, at its sole discretion, revoke any applicable previously approved ATO. The OTech/STND will provide Contract management and oversight, and upon request by the Non-State Entity or Contractor, will advocate resolving any Contract service issues. The ATO, and any resulting Form 20, is a Contract between the Non-State Entity and the Contractor. The State will not represent the Non-State Entity in resolution of litigated disputes between the parties. Non-State Entity may terminate this ATO,for specific Service(s) or in total, prior to termination of the Contract, by providing the Contractor with thirty (30) calendar days' of written notice of cancellation.This ATO shall not exceed the term of the CALNET 3 Contract. Non-State Entity, upon execution of this ATO, certifies that Non-State Entity understands that Contractor and the State may, from time to time and without Non-State Entity's consent, amend the terms and conditions of the Contract thereby affecting the terms of service Non-State Entity receives from Contractor. Non-State Entity, upon execution of this ATO, certifies that it has reviewed the terms and conditions, including the rates and charges, of the Contract. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the State, pursuant to provisions of the Contract. All Service(s)ordered under this ATO will be submitted using the Form 20,signed by the Non- State Entity's authorized signatory. Any additions or deletions to Service(s) shall likewise be accomplished by submission of a Form 20, noting changes. The Non-State Entity understands that Form 20s are subject to review by the CALNET 3 CMO to ensure contract compliance. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that the Contractor shall provide CALNET 3 CMO all data, reports, and access to trouble tickets for Service(s)subscribed to under the Contract, pursuant to provisions of the Contract. Non-State Entity may, by placing Service orders issued by its duly authorized representative with Contractor, order any of the Service(s) listed in the Contract and selected below. Contractor shall bill Non-State Entity, and Non-State Entity shall pay Contractor according to the terms and conditions and rates set forth in the Contract for such Service(s). Page 38 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 3 of 4 Whenever any notice or demand is given under this Contract to Contractor or Non-State Entity, the notice shall be in writing and addressed to the following: Non-State Entity: Contractor: City of Vernon AT&T 4305 S Santa Fe Ave 2700 WattAvenue, Room 1213 fremon,CA 90058 Sacramento, CA 95821 Attn: Ernesto Smith,IT Manager I Attn: Contract Program Manager 1323-828-3697 esmithaci.vemon.ca.us Notices delivered by overnight courier service shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) State business days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their respective duly authorized representatives: NON-STATE ENTITY CONTRACTOR By: Authorized Signature 4 By: Authorized Signature Printe ame and Title of Person Signing Printed Name and Title of Person Signing M C. Whitworth, City Administrator Date Signed: Date Signed: Approved By: TTEST 160 State of California Department of Technology, Statewide Telecommunications and Network Division Mari E. Aya a,`i ty Clerk By: Authorized Signature APPROVED AS TO FO?. Led - Printed Name and Title of Person Signing Brian Byun, Deputy F y Attorney Date Signed: Page 39 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 4 of 4 City of Vernon Select services for Selected Services AT&T C3-B-12-10-TS-01 Customer Initials Network Based Web Conferencing Category 2 Metropolitan Area Network(MAN)Ethernet Category 3 SONET-Point-to-Point Connectivity Subcategory 4.2 0 Managed Internet Services Category 5 Hosted IVR/ACD Services Subcategory6.1 Network Based Managed SecurityElCategory7 Page 40 of 607 FULLY EXECUTED AGREEMENT Page 41 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 1 of 4 AUTHORIZATION TO OilOIIR UNDER STATE CONTRACT AT&T and the State of California('State') have entered into a Contract for CALNET 3 Statewide Contract B (SIMGB), C3.8-12-10.T001, for the folkssirg and temps. The State may, at its sole option, elect to extend the Contract term for up to the number of additional periods ofone(1)year each as indicated below. 1 year Opdonsi 10010011 2 Network Based Web March 26,2014 June 30,2018 2 Conferencing March 26,2014 June 30, 2018 2 3 kletropdksn Ante Network MAN)Ethernet 4.2 SONET—Polnt4o-Point March 26,2014 June 30,2010 2 Connectivity 8 Managed Internet Services March 21,2014 June 30,2018 2 e.1 Hosted IVRAACO Services March 26,2014 June 30,2010 2 7 Network Based Managed Mardi 26,2014 June 30,2010 2 Security Pursuant to the Contract, which is incorporated herein by reference, any public agency, as defined in Government Code section 11341, is slowed to order services and products Services')solely as eel forth in the Contract. A non-Sobs public Entity(herein` Non-State Entty")shall also be required to complete and submit this Aulhortzatlon to Order(ATO)Under Stats Contract prior to ordering Services. A description of the Service(s), appicabis rates end changes and the specillc terms and conditions under which the Ssrvios(s)will be provided to a Non-SteM Entity are fully set forth in the Contract. Access to the Contract is available at htto;Uwww,otech.ca.aov/stud/alnet3/ . City of Vernon I ("Nott-Stals Entity") desires to order Service(s), and ANIIIPIKAIN agrees to provide such Service(s), as WsntlBed in the Stals of California, TeiecommunIca ions Service Request ( Form. 20), pursuant to the terms and conditions and rates contained In the Contract. Asia Customers Only complete if applying for E-Rafe funding: 11.1=1:711:"",`1:7"3:77[77111 intends to seek Universal Service Funding(E-Rate)for T^' ATO. The Services)ordered under this ATO shall commence on 9, app .' ( Serviras Date). Upon the Service Dais, this ATO supersedes and replaces any serving arrangement*between Contractor and Non-Stale Agency for the Service(s)being ordered under this ATO. Page 42 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 2 of 4 This AID shall become effective upon execution by Non-State Entity, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division (OTechISTNO) No Service(s) shall be ordered by Non-State Entity or provided by Contractor until this ATO has been executed by both parties and approved by OTech1STND. By executing this ATO, Non-State Entity agrees to subscribe to the selected services, and Contractor agrees to provide selected services. in accordance with the terms and conditions of this ATO and the Contract. Upon execution of this ATO by Non-State Entity and Contractor, Contractor shall deliver this ATO to OTech/STND for review and approval. The State may, at its sole discretion,revoke any applicable previously approved ATO. The OTechISTND will provide Contract management and oversight, and upon request by the Non-State Entity or Contractor, will advocate resolving any Contract service issues. The ATO, and any resulting Form 20, is a Contract between the Non-State Entity and the Contractor. The State will not represent the Non-State Entity in resolution of litigated disputes between the parties. Non-State Entity may terminate this ATO, for specific Service(s)or in total, prior to termination of the Contract, by providing the Contractor with thirty (30) calendar days' of written notice of cancellation. This ATO shall not exceed the term of the CALNET 3 Contract. Non-State Entity, upon execution of this ATO, certifies that Non-State Entity understands that Contractor and the State may, from time to time and without Non-State Entity's consent, amend the terms and conditions of the Contract thereby affecting the terms of service Non-State Entity receives from Contractor. Non-State Entity, upon execution of this ATO. certifies that it has reviewed the terms and conditions, induding the rates and charges, of the Contract. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that baling invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the State, pursuant to provisions of the Contract. All Service(s) ordered under this ATO will be submitted using the Form 20, signed by the Non- State Entity's authorized signatory. Any additions or deletions to Service(s) shall likewise be accomplished by submission of a Form 20, noting changes. The Non-State Entity understands that Form 20s are subject to review by the CALNET 3 CMO to ensure contract compliance Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that the Contractor shall provide CALNET 3 CMO all data, reports, and access to trouble tickets for Service(s)subscribed to under the Contract, pursuant to provisions of the Contract. Non-State Entity may, by placing Service orders issued by its duly authorized representative with Contractor,order any of the Service(s)listed In the Contract and selected below. Contractor shah bill Non-State Entity, and Non-State Entity shalt pay Contractor according to the terms and conditions and rates set forth in the Contract for such Service(s). Page 43 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 3 of 4 Whenever any notice or demand is given under this Contract to Contractor or Non-State Entity, the notice shaN be In writing and addressed to the following Non-State Entity: Contractor: City of Vernon AT&T 4305 S Santa Fe Ave 2700 Watt Avenue, Room 1213 fVemon,CA 90058 Sacramento,CA 95821 Attn: Ernesto Smith.IT Manager Attn: Contract Program Manager 323-828-3897 esmithci.vemon.ca.us Notices delivered by overnight courier service shal be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) State business days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their respective duly authorized representatives- NON-STATE ENTITY CONTRACTOR By: Authorized Signature By: Authorized Signature Digitally signed by Michael uncan Printe ame and Tide of Person Signing eoedearaicaAomttte, o=AT&T,ou=CCSO,M C. Whitworth, City Administrator email=md1251@att.com, Date Signed: attireliCa r1c= e5 5 Date:2015.12.28 10:56:26 S 08'00' Approved By: TTEST: State of California Department of Technology, Statewide Telecommunications and Network Division Mari E. Aya a, ty Clerk APPROVED AS TO FOBy:,,Authorized Signature VP--; un DeputyNameandTitleofPersonSigningBrianBYQy y Attorney I C.J6L r V t Date Signed: a9 /S— Page 44 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER (ATO) Page 4 of 4 City of Vernon Fire Dept Select services for Selected Services AT&T C3-B-12-10-TS-01 Customer Initials Ell Network Based Web Conferencing Category 2 V\I CV 0 Metropolitan Area Network(MAN)Ethernet p pCategory3M' SONET—Point-to-Point ConnectivityCIi1 Subcategory 4.2 V Managed Internet Services Category 5 Hosted tVRIACD ServicesCISubcategory6.1 Network Based Managed Security j` Category 7 1' Page 45 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 1 of 4 AUTHORIZATION TO ORDER UNDER STATE CONTRACT AT&T and the State of California ("State") have entered into a Contract for CALNET 3 Statewide Contract A (SWC-A), C3-A"12-10-TS-01, for the following Subcategories and terms. The State may, at its sole option, elect to extend the Contract term for up to the number of additional periods of one(1)year each as indicated below 1 year Optional Subcatesory cabin tmatd Gland.End Wools= 1. 1 Dedicated Transport November 15,2013 June 30,2018 2 1.2 MPLS,VPN and Converged November 15,2013 June 30,2018 2 VoIP 1.3 Standalone VoiP November 15 2013 June 30,2018 2 1.4 Long Distance Caiang November 15 2013 June 30.2018 2 1.5 Toe-Free Calling November 15,2013 June 30,2018 2 1.9 Legacy Telecommunications November 15, 2013 June 30,2017 3 Pursuant to the Contract, which is incorporated herein by reference, any public agency, as defined in Government Code section 11541, is allowed to order services and products Services") solely as set forth in the Contract A non-State public Entity( herein"Non-State Entity") shall also be required to complete and submit this Authorization to Order(ATO) Under State Contract prior to ordering Services. A description of the Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s)will be provided to a Non-State Entity are fully sat forth in the Contract. Access to the Contract is available at hon Ffu.ww gtPrh.ca govjstndJcainar1/ City of Vernon 1 ("Non-Stale Entity') desires to order Service(s), andContractoragreestoprovidesuchService(s), as identified in the State of California, Telecommunications Service Request (Form. 20), pursuant to the terms and conditions and rates contained in the Contract. E-Rate Customers Only complete if applying for E-Rate funding insert Non-State Entity Name here 'intends to seek Universal Service Funding(E-Rate)for eligible services provided under this ATO. The Service(s)ordered under this ATO shall commence ( Insert month,day,year l ("Service Date"). Upon the Service Date, this ATO supersedes and replaces any applicable serving arrangements between Contractor and Non-State Agency for the Service(s)being ordered under this ATO. Page 46 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 2 of 4 This ATO shall become effective upon execution by Non-State Entity, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division ( OTech/STND).No Service(s) shall be ordered by Non-State Entity or provided by Contractor until this ATO has been executed by both parties and approved by OTech/STND. By executing this ATO, Non-State Entity agrees to subscribe to the selected services, andContractoragreestoprovideselectedservices. in accordance with the terms and conditions of this ATO and the Contract. Upon execution of this ATO by Non-State Entity and Contractor, Contractor shall deliver this ATO to OTech/STND for review and approval The State may, at its sole discretion, revoke any appbcable previously approved ATO The OTech/STND will provide Contract management and oversight, and upon request by the Non- State Entity or Contractor, will advocate resolving any Contract service issues. The ATO, andany resulting Form 20, is a Contract between the Non-State Entity and the Contractor.The Statewillnot represent the Non-State Entity in resolution of litigated disputes between the parties. Non-State Entity may terminate this ATO, for specific Service(s) or in total, prior to termination of the Contract, by providing the Contractor with thirty (30) calendar days' of written notice of cancellation. This ATO shall not exceed the term of the CALNET 3 Contract. Non-State Entity. upon execution of this ATO. certifies that Non-State Entity understands thatContractorandthe State may, from time lo time and without Non-State Entity's consent, amendthetermsandconditions of the Contract thereby affecting the terms of service Non-State Entity receives from Contractor. Non-State Entity, upon execution of this ATO. certifies that it has reviewed the terms and conditions,including the rates and charges, of the Contract. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the State, pursuant to provisions of the Contract All Service(s) ordered under this ATO will be submitted using the Form 20, signed by the Non- State Entity's authorized signatory. Any additions or deletions to Service(s) shaft likewise be accomplished by submission of a Form 20, noting changes. The Non-State Entity understands that Form 20s are subject to review by the CALNET 3 CMO to ensure contract compliance Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that theContractorshallprovide CALNET 3 CMO ail data, reports, and access to trouble tickets for Service(s)subscribed to under the Contract. pursuant to provisions of the Contract Non-State Entity may, by placing Service orders issued by its duly authorized representative with Contractor, order any of the Service(s) listed in the Contract and selected below Contractor shallbillNon-State Entity. and Non-State Entity shalt pay Contractor according to the terms and conditions and rates set forth in the Contract for such Service(s). Page 47 of 607 ATTACHMENT 4-AUTHORIZATION TO ORDER(ATO) Page 3 d 4 Whenever any notice or demand is given under this Contract to Contractor or Non-State Entity,the notice shall be in writing and addressed to the following: Non-State Entity: Contractor: City of Vernon AT&T 4305 S Santa Fe Ave 2700 Watt Avenue, Room 1213 Vernon,CA 90058 Sacramento, CA 95821 Attn:IErn©sto Smith,IT Manager i Attn. Contract Program Manager 1323-826.3897 tesmithCctci.vemon.ca.us Notices delivered by overnight courier service shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mall, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) State business days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their respective duly authorized representatives: NON-STATE ENTITY CONTRACTOR By: Authorized Signature By: Authorized Signature J re 2 1 - Digitally signed by Michael sef ///i Duman Printed Name and Title of Person Signing P at 1 D>l1 emataabagglog, o=AT&T,ou=CCSO, Mark 4.Whitworth,City Administrator email=md1251@att.com. _ Date Signed: 4 l Date:2015.1230 09:08:48 1i-Z5-1.5' 08'OO' 1 Approved By: ATTEST: ' State of California Department of Technology, Statewide Telecommunications and Network Division Maria :. Ayala, Ct y Clerk APPIROViD AS TO FO :. By: Authorized Signature: 1 r 4,44--en , Brian Byun, Deputy ty Attorney ranted Name and Title of Person Signing I P.d..".„,___A-4,...„.„,. Arc7,.. Date Si ned: Page 48 of 607 ATTACHMENT 4–AUTHORIZATION TO ORDER (ATO) Page 4 of 4 I City of Vernon i t Select services for Selected Services ' AT&T C3-A-12-10-TS-01 Customer Initials I O Dedicated Transport Vi(-631 -Subcategory 1.1 V CI Muttl-Protocol Label Switching(MPLS)4 ,t( .7Subcategory1.2 J O Standalone Voice over Internet Protocol(VotP) Of 4 1L/Subcategory 1.3 O Long Distance Calling oir Subcategory 1.4 CI Toll Free Calling RAYSubcategory1.5 CI Legacy Telecommunications Subcategory 1.6 Page 49 of 607 STAFF REPORT Page 50 of 607 i .%1/(//.77/3 11110 RECEiNED STAFF REPORT NOV 1 2 2015 CITY ADMINISTRATION - IT DIVISION CITY CLERK'S OFFICE DATE: November 17, 2015 TO: Honorable Mayor and City Council FROM:Mark C. Whitworth, City Administrator Originator: Ernesto Smith, Information T gy Manager s1L RE: Approval of Authorization to Order Agreement with AT&T for the State of California CALNET 3 Contract Recommendation, A. Find that approval of the proposed Authorization to Order Agreement for the State of California CALNET 3 Contract 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 new Authorization to Order Agreement with AT&T for the State of California CALNET 3 Contract for telecommunications and network services for a period effective upon the execution of the Authorization to Order Agreement through June 30, 2018. Bacround Since 2011, the City has purchased voice, data and long distance services from AT&T through the State of California's CALNET 2 Contract. On November 15, 2013, AT&T and the State of California entered into a new CALNET 3 Contract. AT&T has informed the City it will no longer provide services under the old CALNET 2 Contract and the City will need to transition to the new CALNET 3 Contract. CALNET 3 is a competitively bid contract that provides a comprehensive array of telecommunications and network services to public entities throughout the State. Under the state's contract, any public agency is allowed to order services and products as set forth in the contract by completing and submitting an Authorization to Order Under State Contract prior to ordering services. In accordance with Section 2.17.12 (A)(5)(b) of the Vernon Municipal Code, the proposed Authorization to Order Agreement with AT&T for the State of California CALNET 3 Contract ("ATO Agreement") is exempt from competitive bidding as services would be purchased from AT&T at the same prices, term and conditions as in a previous award from another public agency by competitive bid. Page 1 of 2 Page 51 of 607 The Information Technology Division recommends completing and submitting the attached ATO Agreement for Subcategories 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6. Signing the ATO Agreement will allow the City to pay competitive rates available under the state's CALNET 3 Contract. If the City chooses not to order these services under the CALNET 3 Contract, the City will pay significantly higher rates for services. Signing the ATO Agreement will not affect any of the existing services since no upgrades or change of equipment will be required. Pursuant to Section 2.17.02(A) of the Vernon Municipal Code, Council approval is required as the total value over the lifetime of the ATO Agreement exceeds $100,000. The attached ATO Agreement has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact The approximate cost associated with signing the proposed Authorization to Order Agreement for the State of California CALNET 3 Contract based on current usage is approximately $44,652 per year for the next three years for an estimated total cost of $133,956 over the life of the Agreement. Sufficient funds to cover the costs associated with the ATO Agreement for the current year were allocated and are available in the fiscal year 2015-2016 IT budget. The IT Division will continue to allocate sufficient funds for these services in their budget for subsequent fiscal years. Attachment(s) 1. Authorization to Order Agreement with AT&T for the State of California CALNET 3 Contract Page 2 of 2 Page 52 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER(ATO) Page 1 of 4 AUTHORIZATIONIZATION TO ORDER UNDER STATE CONTRACT AT&T and the State of California ("State") have entered into a Contract for CALNET 3 Statewide Contract A (SWC-A), C3-A-12-10-TS-01, for the following Subcategories and terms. The State may, at its sole option, elect to extend the Contract term for up to the number of additional periods of one(1)year each as indicated below. year Optional limits= gailratiwid astomitiod 1. 1 Dedicated Transport November 15,2013 June 30,2018 2 1.2 MPLS,VPN and Converged November 15,2013 June 30,2018 2 VoIP 1.3 Standalone VolP November 15,2013 June 30,2018 2 1.4 Long Distance Catling November 15,2013 June 30,2018 2 1.5 Toll-Free Calling November 15,2013 June 30,2018 2 1.6 Legacy Telecommunications November 15,2013 June 30,2017 3 Pursuant to the Contract, which is incorporated herein by reference, any public agency, as defined in Government Code section 11541, is allowed to order services and products Services")solely as set forth in the Contract. A non-State public Entity(herein"Non-State Entity")shall also be required to complete and submit this Authorization to Order(ATO) Under State Contract prior to ordering Services. A description of the Service(s), applicable rates and charges and the specific terms and conditions under which the Services)will be provided to a Non-State Entity are fully set forth in the Contract. Access to the Contract is available at http://www.otech.ca.gov/stnd/calnet3/. City of Vernon. I ("Non-State Entity") desires to order Service(s), and Contractor agrees to provide such Service(s), as identified in the State of California, Telecommunicatons Service Request (Form. 20), pursuant to the terms and conditions and rates contained in the Contract. Cusrs Only complete if applying for E-Rate funding: L Insert Non-State Entity Name here I intends to seek Universal Service Funding (E-Rate)for eligible services provided under this ATO. The Service(s)ordered under this ATO shall commence Insert month,day,year I ("Service Dam"). Upon the Service Date,this ATO supersedes and replaces any applicable serving arrangements between Contractor and Non-State Agency for the Service(s) being ordered under i this ATO. Page 53 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER (ATO) Page 2 of 4 This ATO shall become effective upon execution by Non-State Entity, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division (OTech/STND). No Service(s) shall be ordered by Non-State Entity or provided by Contractor until this ATO has been executed by both parties and approved by OTech/STND. By executing this ATO, Non-State Entity agrees to subscribe to the selected services, and Contractor agrees to provide selected services, in accordance with the terms and conditions of this ATO and the Contract. Upon execution of this ATO by Non-State Entity and Contractor, Contractor shall deliver this ATO to OTech/STND for review and approval. The State may, at its sole discretion, revoke any applicable previously approved ATO. The OTech/STND will provide Contract management and oversight, and upon request by the Non- State Entity or Contractor, will advocate resolving any Contract service issues. The ATO, and any resulting Form 20, is a Contract between the Non-State Entity and the Contractor. The State will not represent the Non-State Entity in resolution of litigated disputes between the parties. Non-State Entity may terminate this ATO, for specific Service(s) or in total, prior to termination of the Contract, by providing the Contractor with thirty (30) calendar days' of written notice of cancellation. This ATO shall not exceed the term of the CALNET 3 Contract. Non-State Entity, upon execution of this ATO, certifies that Non-State Entity understands that Contractor and the State may, from time to time and without Non-State Entity's consent, amend the terms and conditions of the Contract thereby affecting the terms of service Non-State Entity receives from Contractor. Non-State Entity, upon execution of this ATO, certifies that it has reviewed the terms and conditions, including the rates and charges, of the Contract. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the State, pursuant to provisions of the Contract. All Service(s) ordered under this ATO will be submitted using the Form 20, signed by the Non- State Entity's authorized signatory. Any additions or deletions to Service(s) shall likewise be accomplished by submission of a Form 20, noting changes. The Non-State Entity understands that Form 20s are subject to review by the CALNET 3 CMO to ensure contract compliance. Non-State Entity, upon execution of this ATO, certifies the Non-State Entity understands that the Contractor shall provide CALNET 3 CMO all data, reports, and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Non-State Entity may, by placing Service orders issued by its duly authorized representative with Contractor, order any of the Service(s) listed in the Contract and selected below. Contractor shall bill Non-State Entity, and Non-State Entity shall pay Contractor according to the terms and conditions and rates set forth in the Contract for such Service(s). Page 54 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER (ATO) Page 3 of 4 Whenever any notice or demand is given under this Contract to Contractor or Non-State Entity, the notice shall be in writing and addressed to the following: Non-State Entity: Contractor: City of Vernon AT&T 4305 S Santa Fe Ave 2700 Watt Avenue, Room 1213 Vernon, CA 90058 Sacramento, CA 95821 Attn: Attn: Contract Program Manager Notices delivered by overnight courier service shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) State business days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their respective duly authorized representatives: NON-STATE ENTITY CONTRACTOR By: Authorized Signature By: Authorized Signature Printed Name and Title of Person Signing Printed Name and Title of Person Signing Date Signed: Date Signed: Approved By: State of California Department of Technology, Statewide Telecommunications and Network Division By: Authorized Signature: Printed Name and Title of Person Signing: Date Signed: Page 55 of 607 ATTACHMENT 4—AUTHORIZATION TO ORDER (ATO) Page 4 of 4 City of Vernon Select services for Selected Services AT&T C3-A-12-10-TS-01 Customer Initials 0 Dedicated Transport Subcategory 1. 1 Multi-Protocol Label Switching(MPLS) Subcategory 1.2 Standalone Voice over Internet Protocol(VoIP) Subcategory 1.3 Long Distance Calling Subcategory 1.4 Toll Free Calling Subcategory 1.5 O Legacy Telecommunications Subcategory 1.6 Page 56 of 607 City Council Agenda Item Report Agenda Item No. COV-277-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: June 18, 2019 SUBJECT Approval of Operating Account Warrant Register No. 24 Covering the Period of May 28 through June 10, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 24 which totals $7,301,223.81 and consists of the following: 1) Ratification of electronic payments totaling $6,856,850.65. 2) Ratification of the issuance of early checks totaling $382,740.69. 3) Authorization to issue pending checks totaling $61,632.47. 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. 24 covering claims and demands presented during the period of May 28 through June 10, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Operating Account Warrant Register No. 24 Page 57 of 607 ClW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 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: payments thereof. rt fr a/1//JL- William Fox FinanceDirector n r\ ,-2..,t\,"" sunL tt 7t l ) P tinte * 6 l'l-u 2019 2:361 44P M Page 58 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 OOO714. CALPERS 0L1.2L0240 020.210240 055.210240 056.210240 057.210240 011.210240 o20.270240 0s5.210240 055.210240 057.210240 011.210240 011.1004.530034 2t2,47l.tt 8,672.0O 29,908.97 3,360.57 76.37 186.93 t4.29 32.95 3.72 0.19 308.85 -0.23 Ben215139 8en216139 Ben215139 Ben216139 8en215139 8en216139 Ben215139 8en216139 Ben216139 Ben216139 8en216139 Ben216139 S s s s s s s s s s $ s PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Buy-back: Payment P I P : 0a128-05/ 11 - Retirement- 0sl28l2OL9 8367 s 255,035.72 OO4O74 - STATE DISBURSEMENT UNIT 011.210260 011.210260 011.210260 011.210260 055.210260 959.23 Child Support: Payment 7,402.15 Child Support: Payment 78.92 Child Support: Payment 53.07 Child Support: Payment 368.76 Child Support: Payment s s s s s 8en216151 Ben2 16151 8en216151 8en216151 8en216151 osl28/20]^9 8358 s 2,872.73 002808 - DEUTSCHE BANK TRUST CO. 055.9200.500163 056.s510.s96710 s s 1,273,850.00 WCI Auction 157,050.00 WCl Auction 052219 0522t9 8369 s 1,430,900.00 Printed: 6/11/2019 2:36:44PM 0s/28/2019 Page I of 44 ETECTRONIC NUMBER rNvorcE NUMBER AMOUNT Page 59 of 607 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 ETECTRONIC IC@UrI II{VOICE gAY EiIT PAYMETT PAYIUETT VEI{DOA AME AIID UMEER IIUIIIER AI'OUIIT OESCIIPTIOIT IN,olcE P.().I I)^IE IIU EEN AMOU T 006262 - MERCURTA ENERGY 055.9200.500150 s 74,999.90 Natural Gas 04/19 AMERICA, INC 2732827 osl28l2oL9 8370 s 74,999.90 005831 - ARKADIN, INC 011.9019.550010 S 70.73 Conferencing Charges usrNV190429400 osl28/20L9 8371 s 70.73 005574 - CHICAGOCOMPUTER 057.1057.900000 $ 23,990.00 Cis.o ASR 1002-X Modularc8abit 397509 0s7.00o0083 SUPPLY,INC 0s7.10s7.9000m S 2,398.00 Cls.o approv€d 16GB upSrade for the 397509 057.0@0083 057.1057.9000@ S 125.m Freitht 397509 057.0000083 o5l2al2ot9 8372 s 25,513.00 I Ii 005709 - NOBEL SYSTEMS, INC 055.9100.590110 S 1,890.00 GIS System Update osl28l2,t9 8373 s 1,890.00 oo25L7 - SO CAL PUBLTC POWER 055.9000.595200 s 5,L21.27 Resolution Billing AUTHORITY 055.9000.595700 S 4,901.26 ResolutionBilling 055.9200.595200 S gS.aO Resolution Billing 519 519 519 os/2812}79 8374 s 10,0s7.93 002060 - CALPINE ENERGY SERVICES, 055.9200.500160 S 15,938.50 Natural.Gas 04/19 L.P. 49594 os/28120r9 837s s 16,938.s0 005298 - CIMA ENERGY, LP 055.9200.500150 S 75,630.00 Natural Gas 04/19 osl28l2}L9 8375 s 7s,630.00 Ptifiedi 61 17/2079 2:36:44PM 419808601413234 Page 2 ot 44 t4564 Page 60 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 006085. MACQUARIE ENERGY, LLC 055.9200.500160 S 1,057,019.50 Natural Gas 04/19 GASt00116260 osl28l2oL9 8377 5 1,0s7,019.s0 006318 - MIECO, INC 0ss.9200.s00160 s 36,448.45 Natural Gas 04/19 257589 osl28l2ot9 8378 s 36,448.45 OO587O. OCCIDENTAL ENERGY MARKETING, I 0s5.9200.500160 s 1,562.00 Natural Gas 04/19 4130819 osl28/2019 8379 s 1,552.00 OO59O8 - PACIFIC SUMMIT ENERGY, LLC 055.9200.500160 s 16,250.00 Natural Gas 04/19 224593 osl28l20t9 8380 s 16,250.00 OO55O4 - SEQUENT ENERGY MANAGEMENT, LP 0ss.92oo.s0o160 s 85,307.93 Natural Gas 04/19 393s868 osl28l2or9 8381 s 85,307.93 001581- THEGASCOMPANY 055.9200.500160 s 9,850.00 Natural Gas 04/19 201904GS025 osl28l2ols 8382 s 9,8s0.00 005614 - NORTHWEST ELECTRICAL SERVICES, 055.9000.59s200 s 020.1084.900000 s 05s.8200.596200 s 3,222.90 Technical Design Services 34,747.82 Technical Design Services 2,811.58 Technical Design Services L742 t742 L742 40,L82.30 P tinte * 5 I !1"/ 20L9 2:36:44PM osl28l2oL9 8383 s Pape 3 of 44 ETECTRONIC VENDOR NAME A'{D NUMBER NUMBER AMOUNT DESCRIPTIOf{tNvorcE NUMBER AMOUT{T Page 61 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 ELECTRONIC . ACCOUI{T II{VOICE ;:, 'PAYIVITITT PAY'IIENT PAYMEiIT VE Doi llAME AI{D NUMBER I{UMBCR AMOUI{T DEgCRIPIIOI{ TIIVOICE P.O.' :: OATE I{UMBEN Ai/IOUNT oo24t2 - CAL|FORNIA tSO 055.9200.450340 S -2,788.37 Recalculation Charges 04/19 055.9200.500150 S -0.02 Recalculation Charges 04/19 055.9200.500150 S 29.19 lnitial Charges 05/19 055.9200.450340 S 3,784.00 Recalculation Charges 02119 055.9200.500150 S -4.79 Recalculation Charges 02/19 055.9200.500150 S -0.s9 Recalculation Charges 05/19 20L9052L3L42072 512 20L9052r3142072 512 201905213142072 512 201905213142072 5L2 20t9052r3r42072 512 20190s2t3142072 512 os/2912019 8384 s 1,019.62 006375 - THE ABERNATHY 011.1002.596200 S 1,953.00 Professional Services MACGREGOR GROUP, 53073 osl3ol2oLg 838s s 1,9s3.00 002426- CH2MHILLENGINEERS, INC 055.9000.596200 S 8,606.35 EnvSupportServices 697275CH008 osl3ol2otg 8385 s 8,606.3s 004655 - ELEMENT MARKETS 055.9200.500162 5 94,544.62 Biomethane Gas 01/19 RENEWABLE NATU 055.9200.500162 5 118,299.70 Biomethane Gas 01/19 RC1735 RC1735 05l31l2}t9 8387 s 272,844.32 004500 - ICE US OTC COMMODITY 055.9200.595200 S 1,250.00 OTC Commission Adjustment MARKETS,0s/30/2oL9 8388 s 1,2s0.00 Ptinted: 6l L1./2O19 2:35:4/PM 419001688088 PaEe 4 ot 44 Page 62 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 006198 - JRM 0ss.8100.s95200 0ss.8100.596200 53,442.67 Security Services 5L,7 46.67 Security Services S s 3318 3367 osl30l2o1-s 8389 s 105,189.34 003053 - LEVEL 3 COMMUNICATIONS, 057.1057.500173 s LLC 4,541.37 Upstream lnternet Access Services 80449013 osl30/20Ls 8390 s 4,54t.37 005558 . POWER SETTLEMENTS CONSULTING & 055.9200.596200 s 6,250.00 Consulting Services VERN43 05l30/2019 8391 s 6,250.00 002517 - SO CAL PUBLIC POWER AUTHORITY 055.9200.5001s4 s 272,730.8t Antelope DSR 1 Solar Project DSR10519 osl30/20L9 8392 s 272,730.81 OO25I7. SO CAL PUBLIC POWER AUTHORITY 0s5.9200.s001s4 s 365,590.45 Puente Hills Landfill Gas Project PHLO519 os/3012079 83e3 s 355,690.45 006236 - SUEZWTS SERVICES USA, INC 011.1033.590000 011.1033.s90000 011.1033.590000 115.55 Water Purification Services 99.04 Water Purification Services 56.94 Water Purification Services s s s 99792049 99792050 99809141 osl30/2079 8394 s 272.54 001581 - THE GAS COMPANY 9,000.00 P tintedi 6 / 1U 20L9 2136 :44P M oss.92oo.soo160 s 9,000.00 Natural Gas 052819 0s/30120]-9 839s s Pase 5 of 44 P.O.f DATE NUMBER Page 63 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18,2019 ETECTRONIC accour{T ttIvot€E , P.aYME!|T PAYMET{T PAYME{,f vEtpoR NAME Ar{p I{UMBER r{UM8En AMOUi|T pESCSrmON ||{VOICE P.O.* OArE |IUMEER AMOUIq 001581 - THE GAS COMPANY 055.9200.550022 5 226,250.79 Period: 04/19 osl3ol2olg 8396 s 226,2s0.L9 004442 - WTRELESS TNNOVATTON 055.9000.900000 s 1,180.00 lridium LIMITED 51759 osl3ol2o19 8397 s 1,180.00 Pase 5 of 44Printed: 5/11/2019 2:36:44PM Page 64 of 607 CITY OF VERNON OPERAT!NG ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 ELECTRONIC PAYIiEIIT PAN'EIIT PANffTI VE DON f,/lliE AIiO iUU!EI UiilEN AiiOUItT OEJGNI TI()I{ ITIOICE PA.' I'AIE I{UMEEI ATiOUIT 000714 - CALPERS 011.1001.s02020 s 011.1002.502020 s 011.1003.502020 s 011.1004.s02020 s 011.1024.502020 s 011.1025.s02020 s 011.1031.502020 s 011.1033.502020 s 011.1040.s02020 s 011.1041.502020 s 011.1043.502020 s 011.1046.502020 s 011.1047.502020 s 011.1048.502020 5 011.1049.502020 s 0s7.1057.502020 s 011.1060.s02020 s 020.1084.s02020 s 055.5600.s02020 s 0ss.7100.502020 s 0ss.7200.502020 s 055.8000.s02020 s 0ss.8100.502020 s 1,158.97 Monthly Expense of UAL 6,913.98 Monthly Expense of UAL 4,476.LO Monthly Expense of UAL 13,068.62 Monthly Expense of UAL 7,893.13 Monthly Expense of UAL 6,234.57 Monthly Expense of UAL 13,268.45 Monthly Expense of UAL 5,535.09 Monthly Expense of UAL 3,995.52 Monthly Expense of UAL 7,833.18 Monthly Expense of UAL 2L,301.45 Monthly Expense of UAL 3,736J5 Monthly Expense of UAL 2,777.63 Monthly Expense of UAL 1,518.68 Monthly Expense of UAL 3,377.06 Monthly Expense of UAL 899.22 Monthly Expense of UAL 10,231.09 Monthly Expense of UAL 16,046.03 Monthly Expense of UAL 5,295.39 Monthly Expense of UAL 3,0t7.37 Monthly Expense of UAL 579.50 Monthly Expense of UAL 7,253.68 Monthly Expense of UAL 13,348.38 Monthly Expense of UAL 100000015554847 100000015654847 100000015654847 100000015554847 L00000015654847 100000015654847 100000015654847 100000015654847 100000015654847 1000000156s4847 10000001s554847 100000015654847 1000000156s4847 10000001s6s4847 10000001s554847 100000015554847 100000015654847 100000015654847 100000015654847 100000015654847 100000015654847 100000015554847 100000015654847 Printed: 6/11/2019 2:36:44PM Pape 7 of 44 Page 65 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGTSTER NO.24 JUNE 18,2019 rccouill F P YlilEilr B YUEt{l PAYuErr vE{DOi laltt(.A|lO I{uMOEl IIUiIBER AMOUIIT DE5CR|P,J|O l vorc! , P.qI = --lE: llUi'8ER AII'9UrT ETECTRONIC OOO714. CALPERS 055.9000.s02020 s 011.9019.502020 s 0ss.9100.502020 s 05s.9200.s02020 s 011.1031.s02020 5 011.1033.s02020 s lO,27l.06 Monthly Expense of UAL 4,995.65 Monthly Expense of UAL 13,268.45 Monthly Expense of UAL 11,490.00 Monthly Expense of UAL 130,884.34 Monthly Expense of UAL- 238,635.66 Monthly Expense of UAL- 100000015654847 100000015654847 100000015554847 100000015654847 10000001s6s48s3 100000015654853 os/29/2Ot9 8398 s s59,347.00 001535. EMPLOYMENT DEVELOPMENT DEPT 011.1060.s02070 5 7,668.00 Unemployment lnsurance Benefit Charge 11484130656 os/2sl2oL9 8399 s 7,658.00 001552 - HOME DEPOT CREDIT SERVICES 055.s500.520000 0s5.8400.590000 0s5.8400.520000 011.1033.s20000 011.1043.520000 011.1048.520000 011.1049.520000 056.5600.520000 020.1084.520000 0ss.9100.s90000 481.38 Building Supplies- 406.52 Hardware Supplies- 218.40 Hardware Supplies- 564.45 Small Tools & Plumbing Hardware- 573.45 Tools & Plumbing Hardware- 985.87 Tools & Plumbing Hardware- 1,832.63 Tools & Plumbing Hardware- 1,379.54 Building Supplies- 85.65 Building Materials & Hardware- 255.51 Hardware Supplies- 032519-MULTIPLE 032919_MULTIPLE 032919-MULTIPLE 041319-MULTIPLE 042919-MULTIPLE 042919-MULTIPLE 042919-MULTIPLE 042919_MULTTPLE( 2l 042919_MULTTPLE( 3) 250808 0s6.0000514 055.0002674 055.0002574 077.00t3222 011.0013217 011.0013217 011.0013217 056.0000s14 011.0013200 055.0002556 s S S s s s s 6,785.41 P rirned: 6 I 7L/ 2079 2:36: 44P M os/2e/2ote 8400 s Paee 8 of 44 Page 66 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 001481 . VERIZON WIRELESS 055.9000.s50010 0ss.8000.560010 055.8200.560010 056.5500.560010 686.82 Period:03/19 7,300.72 Period:03/19 1,485.79 Period:03/19 222.69 Period:03/79 s s s S 040719_MULTTPLE( 2l 040719_MULTTPLE( 2l 040719_MULTTPLE( 2l 040719_M ULTTPtE( 2l os/30lzote 8401 s 3,596.02 OO24L2 - CALIFORNIA ISO 055.9200.s00150 05s.9200.500150 s s -0.06 Recalculation Charges 05/19 90.94 lnitial Charges 05/19 20190s283142108 737 201905283142108 737 06l04l2or9 8402 s 90.88 002533 - BANK OF NEW YORK MELLON 0s5.9000.592010 s 2,655.00 Administration & Audit Confirmation Fees 2522196505 o5/04l2ot9 8403 s 2,555.00 005506 - BEST BEST & KRIEGER, LLP 011.1024.593200 011.1024.593200 s s 1,344.00 Re: General Municipal Matters L1,574.28 Re: lnvestigation of Health Department 849155 849157 06/04l2OL9 8404 s 72,958.28 OO17O1 - FUJITSU NETWORK COMMUNICATIONS 4,935.2t Ptintedi 6 / 1tl2o79 2:36:44PM 0s7.1057.900000 s 4,935.2L I nternet Connection Equipment-91831573 057.0000080 06/0412079 840s s Pape 9 of 44 NUMBER AMOUNT DESCRIPTION tNvorcE NUMBER AMOUNT Page 67 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 OO5O34 - KRONOS INCORPORATED 011.9019.850000 011.9019.860000 Software & Hardware Usage Fees Software & Hardware Usage Fees s 314.43 5 3L4.42 06l04/2O1s 8406 s 628.85 Printed: 6/1112019 2:36:44PM PaRe L0 of 44 AMOUNT DESCRIPTION DATE T{UMBER 11449104 Lt449704 Page 68 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 ooo2o9 - MERRTMAC ENERGY GROUP 011.1033.570000 011.1033.s70000 011.1033.s70000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.s70000 011.1033.s70000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.s70000 011.1033.570000 011.1033.570000 011.1033.570000 s S s s s s s s s s s S s S s S s s S r,793.40 2.Lt 0.90 2.32 249.37 0.50 92.t8 1,398.66 2.06 0.96 160.92 0.45 2L3.82 L,7L7.56 2.52 L.77 196.92 0.55 267.66 Unleaded Fuel- cA Enviro/Fed oil spill Tax CA Childhood Lead Fee AB32 Fee State Gasoline Excise Tax Lust Fee Fuel Sales Tax 4.5O% Diesel Fuel- AB32 Fee Federal Oil Spill State Diesel Excise Tax Lust Fee Clear Diesel Sales Tax Diesel Fuel- AB32 Fee Federal Oil Spill Tax State Diesel Excise Tax Lust Fee Clear Diesel Sales Tax 2191518 2191518 2191518 2191518 2191518 2191518 2191518 2191519 2191519 2191519 2191519 2191519 2191519 2797520 219t520 2191520 .279t520 2t9L520 2191520 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 011.0013778 06/04/207e 8407 s 6,092.13 005433. RUTAN & TUCKER, LLP 203.09 P timed: 6 / LU 2019 2:36:44P M 011.1048.s96200 s 203.09 Re: Housing lssues 83779t 06104/207s 8408 s PaRe 11 of 44 ELECTRONIC NUMBER AMOUNT DESCRIPTION tNvolcE Page 69 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 2019 ETECTRONIC AlcoUI{T tr{votct P Yt ElrlT PAVUEI{I PAYUEI{T vEt{Doi x t ! AIID iuirBER truMBER AMoum Dcscfiprot tttl/otcr P.o.t : DArE iluMlan AMoul{T OO2476 - SCHWEITZER ENGINEERING 055.9100.900000 5 3,580.65 Equipment- LABORAT lNV000374s9s 055.0002681 06104/2019 8409 s 3,s80.6s 000059 - so cAL EDrsoN 055.9200.500170 S 62,480.00 Victorville Lugo Vernon 05/19 055.9200.500170 s 24,559.00 Laguna Bell 05/19 055.9200.500170 S 147,680.00 Mead Laguna Bell 05/19 7501015018 7501015019 7501015020 06104/2019 8410 s 234,829.00 001658 - WATER REPLENISHMENT 020.1084.500110 5 173,473.08 Groundwater Production & Assessment 051319 DISTRICT 06104/2019 8411 s 173,473.08 004527 - WITTMAN ENTERPRISES, LLC 011.1033.596200 S 1,280.99 Billing Services 1904069 0610412019 8412 s 1,280.99 001441 - MORGAN, LEWIS & BOCKIUS, 055.9000.595200 S 182,817.60 Re: Bicent PPA Outage LLP 4113508 06104/2019 8413 s L82,8L7.60 OO1906. WILLIAM DAVIS 011.1001.596500 S 250.15 CA Contract Cities 60th Annual 052919 06/0512079 8414 s 2s0.16 005108 - JEMMOTT ROLLINS GROUP, 011.1021.797000 S 13,750.00 Professional Services tNc MAY19 061o6/21t9 841s s 13,7s0.00 001605 . LUZ MARTINEZ 06106/2079 8415 s 40.6s Ptinted: 6 / 7ll 2079 2:35:44PM 057.1057.550000 S 40.65 Reimb. lnternet Charges 04/19 052819 PaEe 72 of 44 Page 70 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18,2019 oos51s - yvETTE WOODRUFF-PEREZ 057.1057.550000 s 81.30 Reimb. lnternet Charges 04119-O5lt9 050419 06l06/2oL9 8417 s 81.30 OO2310 - VIRGINIA TRANSFORMER CORP O55.91OO.90OOOO S 600,194.50 ThreePhasePowerTransformer 06l06/2019 8418 s 600,194.s0 Printedi 6 I Lll20l9 2:36:44PM Paee 13 of 44 AMOUNT DESCRIPTION 55870R1 Page 71 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18,2019 ETECTRON!C ':::i:|i|j],:]i]]i!,;i:iiil."t]ll'...'],'lflAYl,EilT.gA'UE!lTi:::i!::]PAYMEl.'J Veroon ral,ii em ruii*n UMIER ':'r i\Mourl DCscfiprbx lilt olct P.o.t DArE truMlER ArioutrT 005594 - US BANK CORPORATE 011.9019.520010 s 0s5.s500.520000 s 056.s500.s20000 s 0s6.5600.s20000 s 056.5600.s95700 s 011.1002.596s00 s 011.1002.596500 s 011.1002.s96s00 s 011.1040.595s00 s 011.5031.560000 s 011.1031.s20000 s 011.1023.595600 s 011.1023.595500 s 011.1002.s96s00 s 011.1002.s20000 s oss.8100.520000 s 011.1002.s70000 s 011.1024.s95200 s 011.1024.s96700 s 011.1060.596700 s 011.1060.s96ss0 s 011.1060.s20000 s 011.1024.s95ss0 s 161.91 Supplies -35.68 Credit 574.88 Supplies 795.95 Supplies 1,995.00 Training/ F. Lopez 93.18 Meals / Meeting 17.00 Parking Fee 56.00 rn-Flight wi-Fi 453.36 Hotels 56.55 Cable Subscription 308.34 Supplies 129.95 LA Business Journal Subscription 33.25 LA Times Subscription 183.59 Meals / Meeting 26.46 Supplies 274.00 Supplies 330.12 Vehicle Expense 140.90 Filing Fees 117.90 Meals / Meeting 805.00 Conference Registration 223.00 Membership Dues 172.39 Supplies 93.99 Membership Dues o422t9 04221s(LOl 042219(10) 042219(10) 042219(10) 042219(Lrl 042219(tLl o42219l].tl 0422L9(L2l 042219(L3l 042219(13) 0422L9l74l. o422L9lt4l o422L9(74l. 042219(t4l 042219(1s) 042219(1s) o422t9.77l, o42219(t7l 04221s(18) 042219(18) 0422t9(181 0422L9179l. Printed: 6/u/2019 2:36:44PM PaRe L4 of 44 Page 72 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 005594 - US BANK CORPORATE 011.1024.595500 011.1024.520000 011.1026.596900 011.1045.520000 011.1031.596500 011.1031.595700 011.1031.595s00 011.1031.596500 011.1031.s70000 011.1031.595700 011.1031.596700 011.1031.s95700 011.1031.596700 011.1031.595700 011.1031.596700 011.1031.595700 011.1031.596700 011.1031.596700 011.L031.540000 011.1031.570000 011.1001.596500 011.1049.520000 011.1031.570000 S s s s s S s s S S s S s S s s s s s s S s s 17.00 Parking Fee 11.20 Supplies 192.24 EE Recognition Program 995.97 Supplies 175.96 Airline / J. Cross 141.30 Enrollment Fee / A. Bedoy 437.61 Hotels / J. Cross 580.95 Hotels / N. Perez 36.12 Patrol Unit Keys 515.58 Training 400.00 Training / A. Bedoy 250.00 Training / B. Gray 45.00 Training / G. Herrera 324.59 Training / G. Martinez 420.58 Training / rra. Velez 335.00 Training/ N. Perez 1,040.00 Training / Staff 228.17 Training Material 533.35 Uniforms 10.00 Vehicle Expense -375.00 Credit 54.20 Supplies 55.00 Vehicle Expense 042219(19) 042219(1e) o422L9l2l o4221sl2ol 0422t9(2rl 042279t2tl. 0422t9(27l, 0422L9(2Ll 042219.2L], o422t9.27l. 042219{.2]-l. o422t9121l. 042219.2Ll. 0422t9(271 o422t9l2tl o422t9l2rl 0422t9127l. 042219.2]-l. 0422L9'27l. 04221s(2Ll 0422ts.22l. 0422t9(23l. 0422L924l. Printed: 5/11/2019 2:36:44PM PaEe 15 of 44 ETECTRONIC VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPnON lNvolcE P.O.f DATE NUMBER AMOUNT Page 73 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 005594. US BANK CORPORATE 055.9000.596s00 0s5.9000.s96600 0ss.9000.s96500 055.9000.540000 011.1026.596900 0L1.1003.520000 011.1003.595300 011.1003.s20000 011.1003.520000 011.1003.596300 011.1003.520000 011.1004.520000 011.1031.570000 05s.9000.595s00 0ss.9000.s96700 055.9000.596500 0ss.9000.s96700 011.1043.520000 011.1043.520000 011.1049.520000 011.1049.520000 011.1049.s20000 011.1049.520000 s s s s 5 5 s S s S s 5 s s s s s 5 s s s s s 818.60 Airline 94.67 Books & Publications 355.45 Hotels 3,472.25 Uniforms 99.95 EE Recognition Program 14.86 Election Supplies 94.32 Election Supplies 41.16 Meals / Council Meeting 27.64 Meals I Election Night 39.00 Meals / Election Night 114.12 Supplies 60.00 Software Subscription 52.11 Vehicle Expense 449.96 Airline 45.90 Meals / Meeting 164.71 Travel Expense 275.00 Webinar Registration / M. Higa 873.60 Bottled Water 1,099.01 Supplies 481.15 Supplies 41.34 Supplies 492.34 Supplies 633.84 Bottled Water 042219(2sl, 04227912s1 o42219(2sl o422t9l2sl 0422L9.26l. 04221s(27l. 042219|127l. 0422191271 0422t9(27l. 0422L9(27t. 042279127l. 0422t9(281 042219(29l. o42219l3l 04221s(3) 042219(3) 042219(3) 042219(30) 042219(30) 04221e(30) 04221s(3tl 042279(32l. 042279(33l. Printed: 6/11/2019 2:36:44PM PaRe 16 of 44 NUMBER AMOUNT DESCRIPTION INVOlCE NUMBER AMOUNT Page 74 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 005594 - US BANK CORPORATE 011.1048.590000 011.1033.520000 0ss.8000.596700 0s5.9000.520000 055.9000.s96700 0ss.9000.s20000 0ss.8000.595700 0ss.9100.596700 020.1084.s96700 011.1060.s20000 011.1046.520000 011.r.046.s20000 055.9000.s95550 011.1004.s95550 011.1024.596500 011.1046.590000 011.1031.570000 011.1033.596500 011.L033.596550 011.1033.594000 011.1033.520000 011.1041.596700 011.1040.595700 s s S s S s s S s s s s s s s s s s s s s S s 4.40 Repair Kit 518.17 Supplies 281.50 Airline / B. Montoya 680.40 ComplianceTracker 40.58 Meals / Meeting 536.55 Supplies 2\7.72 Training / B. Montoya 2,260.00 Training / l. Torbati 25.00 Training / M. Aumentado 19.81 Supplies 1,562.75 Supplies 200.00 Car Wash 74.66 Cable Subscription 254.00 Membership Dues / J. Leon 35.00 Parking Fee 200.00 Car Wash 52.88 Vehicle Expense 400.00 Conference Registration 200.00 Membership Dues / A. Smith 825.63 Emergency Supplies 212.52 Supplies 115.00 Renewal/ W. Herrera 195.00 Training I A. Zarale 04221s(34l. 042219(3s) 042219(36) 04221e(36) 042219(36) o4221s(36l. 042279(36l. 042219(36) 042219(361 04221937l. 042219(38) 042279139l. o422t9l4l 042219(40) 0422L9((47l. 042279(421 o422t9lsl 04221916l. o422t9l7l 04221e(8) 04221s(81 o42219(91 042219|.9l. Ptinted: 6l ].1./2oLg 2:35:44PM PaEe 17 ot 44 ETECTRONIC P.O.# DATE NUMBER AMOUNT Page 75 of 607 CITY OF VERNON OPERAT!NG ACCOUNT WARRANT REGISTER NO. 24 JUNE 18, 2019 ETECTRONIC . TC@UllT .T$rercE PAYI,E|YT PAYMEIII IIIYMII|I vE DOn AMC Aiild rUMeEi luir!€i lfiuolrir oEscrumox lt{\,olcE : . P.o.t DmE lluMBER aMoulfl 005594. US BANK CORPORATE 011.9019.520010 s 011.9019.520010 s 011.9019.s20010 s 011.9019.520010 s 011.9019.s20010 s 011.9019.520010 s 011.9019.520010 s 011.9019.s20010 s 74.22 Amazon Prime Membership 31.16 Domain Renewal 455.41 G. Suite Subscription 36.00 GoToMeeting 115.00 OneDrive L,448.53 Supplies 22.94 Supplies 18.00 lT Software 042219150 o422L9t6ll 0422]-9L6(l o4221976(',t 042219160 o422ret6ll 0422t9t6(l 04221916(l 06l06l2oL9 8419 s 34,540.20 001617 - UPS 011.1041.520000 011.1043.520000 011.1033.s20000 0s5.8000.590000 56.94 Period:05/19 50.50 Period:05/19 115.35 Period:05/19 16.34 Period:05/19 s s s s 933312199 933312199 933312199 933312199 0610612079 8420 s 240.L4 P tinted: 6 I LLl 2079 2:36:44P M PaRe 18 of 44 Page 76 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 2019 001481 . VERIZON WIRELESS 011.9019.560010 011.9019.560010 011.9019.560010 011.9019.5500r.0 011.9019.s60010 011.9019.560010 011.9019.560010 011.9019.560010 011.9019.550010 011.9019.550010 105.94 Period.04/79 186.73 Period:04/19 298.61 Period: 04/L9 588.69 Period:04/19 t,552.29 Period: 04/19 1,905.75 Period: 04/19 281.57 Period:04/19 494.40 Period:.04/19 740.44 Period:O4lt9 50.06 Period: 04/19 s s S S S s s S S s 050719_MULTIPLE 050719-MULTIPLE 050719-MULTIPLE 050719-MULTIPLE 050719-MULTIPLE 050719_MULTIPLE 050719-MULTIPLE 050719-MULTIPLE 050719_MULTIPLE 050719_MULTIPLE 06l06l2oL9 8421 s 5,205.48 OO54O8 - PANAMERICA SUPPLY, INC 055.9100.900000 055.9100.900000 33,800.00 ltem #2- 51,600.00 ltem #5- PASt05032019t 1 PASr050320191 1 0s5.0002700 055.0002700 5 s 06l07l2079 8422 s 85,400.00 001552 - HOME DEPOT CREDIT SERVICES 05s.8400.520000 0ss.8400.s90000 78.17 Hardware Supplies- 51.64 Hardware Supplies- 042319_MULTTPLE 055.0002574 042319_MULTIPLE 055.0002674 06los/2o]-s 8423 s 129.81 000059 - so cAL EDlsoN 78.tL P rinle d: 6 I lll 20!9 2:36:44P M 011.1043.s60000 s 78.11 Period:05/19 051619 06/0sl2ot9 8424 5 PaRe 19 of 44 ELECTRONIC NUMBER III VL'tLE AMOUNT DESCRIPTION tNvotcE Page 77 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 . ,,,:i:r,, ?AYMEfi PAYMIi{T D YMEiII ELECTRONIC 001581. THE GAS COMPANY 011.1033.560000 s 011.1033.560000 s 011.1049.s50000 s 011.1049.s60000 s 011.1043.s60000 s 020.1084.560000 s 056.5600.550000 5 129.97 Period 041L9 38.13 Period:04/19 L,328.54 Period:04/19 336.74 Period:04179 168.37 Period:04/19 158.37 Period:04/19 22.80 Period:04/19 051319 0s1319(2) 051419 0s1419(2) 0s1419(2) 0s1419(2) 0s141e(3) 06losl2079 842s s 2,t92.92 000962 - STATE OF CALIFORNIA 011.1033.s96200 011.1033.596200 011.1033.596200 011.1033.s95200 s s S s 3,708.81 Quality Assurance Fee 2,598.69 Quality Assurance Fee 2,800.53 Quality Assurance Fee 3,229.44 Quality Assurance Fee GEMO218Y3T8 GEM05181T93 GEM081858BQ GEM11187Y55 06losl2o],,9 8426 5 L2,337.47 OOO952 - STATE OF CALIFORNIA 011.1033.595200 s 2,850.99 Quality Assurance Fee GEM0519N38F 06107l20t9 8427 s 2,8s0.99 OO34O7 - VERNON POLICE OFFICERS BENEFIT 011.210250 2,070.76 Police Association Member Dues: Payment 8en215502 06l06/2ots 8428 s 2,O70.76 005323 - rBEW LOCAL4T 020.210250 05s.2102s0 056.2102s0 s s s 158.82 IBEW Dues: Payment 2,838.43 IBEW Dues: Payment 391.47 IBEW Dues: Payment 8en215504 8en215504 8en215504 3,388.72 Printed, 6l LLl2079 2'.36:44PM 06/06/2079 842s s Pase 20 of 44 Page 78 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 2019 011.210250 3,413.00 Fire House Fund: PaYment 8en216508003141 - VERNON FIREMENS ASSOCIATION 06/06/2079 8430 5 3,4L3.00 003158 - ICMA RETIREMENT TRUST 457 ott.2Lo220 o20.2t0220 05s.210220 056.270220 057.2L0220 s 29,015.07 s 1,s17.83 s 7,670.30 s 1,32s.s3 s 20.00 Deferred Compensation: Payment Deferred Compensation: PaYment Deferred Compensation: PaYment Deferred Compensation: PaYment Deferred Compensation: PaYment Ben216492 Ben2L6492 8en216492 8en215492 Ben216492 06l06l2ot9 8431 s 39,549.73 003145 - CITY OF VERNON, FSA ACCOUNT 011.100013 011.100013 s S 288.30 FSA - Dependent: Payment 253.47 FSA - Medical: Payment 8en215500 Ben216500 06l06l2ot9 8432 s 54t.77 Printed: 5/u/2019 2:36:44PM Pape 2L of 44 VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICT P.O.T DATE NUMBER AMOUNT Page 79 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 000714 - CALPERS 011.210240 020.2LO240 0s5.210240 055.210240 o57.2rO240 011.210240 020.2LO240 055.210240 055.210240 o57.2LO240 077.270240 011.1004.s30034 205,974.57 8,s15.04 29,651.26 3,316.95 76.37 186.93 L4.32 32.92 3.72 0.19 308.85 -0.14 Ben215494 8en216494 8en216494 Ben2t6494 8en215494 Ben215494 8en216494 8en216494 8en215494 Ben215494 8en216494 8en216494 s s s s s S s s s S s s PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contribuions: Payment PERS Contributions: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Buy-back: Payment P I P : 02 I Ot-02h4 - Reti rement- 06170l2oL9 8433 s 248,080.98 Printed: 6/11/2019 2:36:tl4PM PaEe 22 ol M Page 80 of 607 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18, 2019 ETECTRONICreblcl laYfiEr{r PAYlllEtlr PAn4E[r itaoon rri r ano r{uotn i il;*i aiiirurr ocscnrrtto, . "':':: rrrvoct P.o., :iii'::: #rt iuuom : ar'rbiiin OO4O75 - THE DEPARTMENT OF THE TREASURY 011.210210 020.210210 05s.210210 056.210210 o57.2LO21O 011.210210 020.210210 0ss.210210 055.210210 057.210210 011.210210 S 109,584.52 Federal withholding: Payment S 5,052.19 Federal Withholding: Payment s 21,534.52 Federal Withholding: Payment S 2,485.54 Federal Withholding: Payment S 60.59 Federal Withholding: Payment 5 26,237.82 Medicare: Payment S 1,503.50 Medicare: Payment 5 5,570.78 Medicare: Payment 5 572.36 Medicare: Payment S 74.45 Medicare: Payment S 225.65 Social SecurityTax: Payment 8en215495 Ben216496 Ben215495 8en216496 Ben216496 8en216495 Ben215496 8en215495 8en215495 Ben216496 Ben215496 06lo7/2019 8434 s t72,843.04 001635 - EMPLOYMENT DEVELOPMENT DEPT 011.210210 020.210210 05s.210210 056.210210 057,2tO210 s s s s s 44,631.33 State Withholding: Payment 1,856.52 State Withholding: Payment 8,976.88 State Withholding: Payment 966.97 State Withholding: Payment 19.50 State Withholding: Payment 8en215498 8en216498 8en216498 8en216498 Ben216498 56,451.20 P rinte di 6 I L7 I 2OL9 2:36: 44P M 06107/2019 843s s PaRe 23 ot 44 Page 81 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18,2019 OO4O74 - STATE DISBURSEMENT UNIT 011.210260 011.210260 011.210250 011.210260 0ss.210250 s s s s s 969.23 Child Support: Payment t,402.15 Child Support: Payment 59.23 Child Support: Payment 53.07 Child Support: Payment 358.76 Child Support: Payment 8en215506 8en215506 Ben216506 8en216505 8en216506 06ltol2ors 8436 s 2,862.44 TOTAT ETECTRONIC s 6,8s6,8s0.6s Printed: 5/11/2019 2:35:44PM PaRe 24 ol 44 ETECTRONIC NUMETK .i . AruuulrrAMOUNT DESCRIPTION Page 82 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18, 2019 EARTY CHECKS @.,.:-::::i]i:ij,:]..::j].DAI11l{TcHEcK.ii:i*::iPAYMll{l VE|TDOR itiliiE AxD UM!Ei UMBEfl AMOUI{I DESCA|PT|oI{ lmrolcE P.O.l DAIE IIUMBEi AMOUIIT 006573 - AIRCRAFTSPRUCE& O55.84OO.59OOOO S 3,151.53 08-15960 EXXON MOBILIETII55GAL 175737 055.0@2722 SPECIALTYCO 055.8400.590000 s 244.24 Sales rax7.75%175131 osl28l2o79 503074 s 3,39s.77 OOO3I4 - aNGEL CITY DATAr INC 011.9019.590110 I 2,400 00 D€sign, Development & Maintenance 16526 011.9019.s90110 S 500.00 Design, Developmenl & Maintenance 16700 011.9019.590110 S 4m.00 DeslSn, DeveloPment, & Maintenance 16797 011.90t9.590110 $ 100.00 DesBn, Development, & Maintenance 16829 o5l2al2o79 603075 s 3,400.00 OOL444- COUNTYOFLOSANGELES 011.1043.595200 S 882.38 Labor&EquipmentCharges REPW1905050531 7 05128/20L9 503076 s AgZ.Sg 005489 - DUNGAREES, LLC 0s5.9000.540000 s srg.go ltem# FRS003- 055.9000.s40000 s 543.92 ltem# FRB159- 055.9000.540000 5 77.13 SalesTax7.25% 2094395 055.0002727 2094395 0s5.0O02727 2094395 osl28/20L9 603077 s 1,140.9s 000524 - FERGUSON WATERWORKS 011.120010 S 784.85 3069_512 8'x 6'5.5 fapplntsl€eve 672137 011.0013734 011.120010 s 3,293.97 306$552 10" X 8" S-s Tapping Sleev. 672117 011.0013734 011.120010 S 387.49 saleslaxg.s% 672131 o5l2el2o79 603078 s 4,465-37 Ptinted: 6l !7/2079 2:36:44PM PaAe 25 ot 44 Page 83 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18,2019 006370 - HMSTECH, INC 011.1060.s95200 011.1060.596200 011.1060.596200 893.75 Consulting Services 800.00 Consulting Services 450.00 Consulting Services s s S 25179 25576 2575s osl28l2Ot9 603079 s 2,143.75 057.1057.ss0000 s 100.00 lnternet Reimbursement-052819006592 - CAROL MENKE os/28/2019 603080 s 100.00 OOO289 - VIET NGUYEN 0ss.9100.s955s0 s 115.00 Reimb. Certificate Renewal Fees 052219 osl28l2OL9 603081 s 115.00 003672 - SC FUELS 055.8400.590000 055.8400.s90000 055.8400.590000 055.8400.590000 0s5.8400.590000 055.8400.590000 0s5.8400.590000 S s 5 s s s S 3,477.LO Mobil Jet ll- 13.20 CA OIL Recycling Fee 2.75 CA Lube Fee 25.00 Drum Deposit Fee 9.92 Fuel Surcharge. 12.95 Regulatory ComPliance Fee 334.02 Sales Tax9.5% 1397067tN 1397057rN 1397067rN 1397057rN 1397067tN 1397067tN 1397067tN 055.0002725 055.0002725 055.000272s 0s5.0002725 055.0002725 0s5.0002725 osl28/2019 503082 s 3,874.94 005563 . STANLEY STEEMER OF LA COUNTY,227.00 P tinted : 6 / L7 I 2019 2:36 :44P M 011.1048.590000 s 227.0O Carpet Cleaning Services 863630 osl28/2079 603083 s PaEe 26 ot 44 Page 84 of 607 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 2019 001399 - VERNON SANITARY SUPPLY CO 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 114.86 0500-155 PBS515-W 16 oz. Paper Hot 716.22 0578-400 13878Tide Liquid Laundry 21.95 Sales Tax 9.5% 51.34 0330-678 #74 Scrubbing Sponges, 10.74 0330-700 A3050/434PP Stainless Steel 46.24 0500-150 Reyna 8 oz. foam cups, 1000 574.30 0500-155 PBS515-W 16 oz. Paper Hot 116.82 0500-155 Cup Buddy Kraft for lO-24o2. 51.88 0500-157 Dart Lids, White, sip Thru, 59.29 0515-489 Dust Mop Treatment, !4 oz. 150.32 0578-200 45114 Joy Liquid Dish Soap, 581.10 0578-400 13878Tide Liquid Laundry 127.80 0578-590 Dial lnstance Hand Sanitizer, 168.44 Sales Tax 9.5% 402.32 0578-580 04930 Palmolive Dish Liquid 38.22 Sales Tax 9.5% 27863800 27863800 27863800 27884400 27884400 27884400 27884400 27884400 27884400 27884400 27884400 27884400 27884400 27884400 28158900 28158900 oLL.OO73727 011.0013727 oLL.OOL3727 o11.OO13727 otL.oot3727 07r.oo73727 olt.ooL3727 orL.oo73727 o77.00t3727 otl.oot3727 017.0013727 olr.o0L3727 077.00t3727 S s s 5 s S s s s s s s S s S os/28l20ts 603084 s 2,64L.84 006598 - ROBERTS, DENNIS EUGENE 011.200100 011.200100 011.200100 s s s 1,725.14 Refund receipt #: 0015473- t,125.14 Refund receipt #: 0015285- 1,725.L4 Refund receipt #: 0015655- RefO00215324 Ref000216325 Ref000216326 3,375.42 Printed: 6/11/2019 2:36:44PM osl29/201-9 60308s s Pase 27 ot 44 EARTY CHECKS NUMBER tNvorcE P.O.# CHECK NUMBER AMOUNT Page 85 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 2019 EARLY CHECKS rc . r r,ot(E PAYMETT cHEo( PAYttEl{T vE pd. !.l{arrE Axp xuirBEr :]l:i:ii:: r{uMrlR .,.:;i ,i;i:itl AMouuI pEscntPl.t.o,.! t votcE P.o.l parE l{uMaEi i,.:Al,tou r 006529- 3314 & 3320 aRUITLAND 011.1040,400900 $ 1,809.04 Ref.2nd Parce1Taxr6310002017" 052019 o5l3ol2o79 603086 I 1,809.04 006305 - ASTRO PLUMBING SUPPLY 011.1049.900000 5 6,759.42 Part No. 69982- co 011.1049.900000 s 290.84 Part No.28537- 011.1049.900000 S 559.77 SalesTax9.5% 011.1049.900000 S 1,359.03 Part No.7587L- 011.1049.900000 S 129.11 Sales Tax9.5% s1311858001 011.0013707 s1311858001 011.0013707 s1311858001 s1311858002 011.0013707 s1311858002 011.1049.520000 S 437.07 Plumbing & Building Hardware.- 51315071001 011.0013211 osl3ol20t9 603087 5 9,64s.24 001948 - AT&T 011.9019.s60010 S 20.66 Period:04106/19-Osl}Sltg 011.9019.550010 S 2,581.81 Period: O4/1O|L9 - 05109h9 011.9019.550010 S 19.12 Period:O4lt1l79-051091L9 011.9019.560010 S 2,094.25 Period: 04lt1h9 - Oillgltg 011.9019.560010 S 989.78 Period:O4l10lL9-05/09/19 011.9019.550010 5 77.7 2 Period: O4l71lr9 - O5lO9l79 011.9019.560010 S 18.97 Period: O4i1slLg -Osl14lL9 13005867 13015875 13015876 13015878 13015879 13016311 13055125 o5/3O12O19 603088 s s,802.31 002889 - AT&T MOBILITY 832175480X05152 019 os/3012079 603089 s 46.23 P rinted : 6 / 71 / 2Ol9 2:36: 44P M 011.9019.s60010 5 46.23 Period: 04lo9lr9 'O5lOBl79 Pase 28 of 44 Page 86 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 OO43O3 . ATHENS INSURANCE SERVICES, INC 011.1025.s94200 s 5,674.76 TPA Fees 05/19 tvc18340 osl30/2oL9 603090 s 5,674.76 006579. BACFAR SANTA FE, LLC 011.1040.400900 s 14,653.83 Ref. 2nd Parcel Tax #6308012016-051619 osl30/201s 6030s1 s 14,653.83 005681. BAJA ROOFING INSTALLATIONS & C 011.1048.s90000 s 11,950.00 Shingle Roof System 041119 osl30/2019 603092 s 11,950.00 006578 - BRADMORE INVESTMENT COMPANY 011.1040.400900 s 4,640.16 Ref. 2nd Parcel Tax #5303022005-052019 osl30l2079 603093 s 4,640.16 OO34O5 - COMMUNICATIONS SUPPLY CORP 057.1057.520010 057.10s7.520010 057.1057.520010 057.10s7.520010 s S S s 525.57 Communication Supplies- 927.65 Communication Supplies- 1,949.21 Communication SupPlies- 245.28 Communication Supplies- 533441 545949 547346 s50299 057.0000078 0s7.0000078 057.0000078 0s7.0000078 os/30/2ot9 603094 5 3,647.8L OOO529 - EPIC LAND SOLUTIONS, INC 011.1004.595200 011.1004.595200 s s 2,287.50 Professional Services 562.50 Professional Services 3190681 4190681 2,8s0.00 Printed: 6/u/2019 2:36:44PM osl30l20t9 60309s s PaEe 29 of 44 NUMBER AMOUNT DESCRIPTION tNvotcE AMOUNT Page 87 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 OO473O. EXTREME SAFETY, INC 011.1043.s20000 011.1043.520000 011.1043.520000 011.1043.520000 011.1043.520000 011.1043.s20000 011.1043.520000 011.1043.520000 011.1043.520000 011.1043.s20000 011.1043.520000 011.1043.520000 011.1043.520000 011.1043.520000 S s s S s s S s s S s S S s 23.00 Finger Tip Bandages, 2" Xt-3/4", tO 23.80 Fabric Knuckle Bandage, 1-L12" X 21.20 Cloth Adhesive Bandage, 1" X 3", 16 per 134.40 Respirator N95 PAR. 10 per box,8 boxes 14.85 PVC Boot, Steel Toe, Size 9, 14.85 PVC Boot, Steel Toe, Size 10, 127.00 Tyvek Coverall with hood, EWA, 25, 17.40 TerryTopper Headband, #OOCC-880-01. 257.50 Soothers Uncorded NRR33 Moisturizing 50.23 Sales Tax 9.5% 14.85 PVC Boot, Steel Toe, Size 11, 1.41 Sales Tax 9.5% 61.45 Double Ziplock Bags, 6" X 8", 4 mil., 5.84 Sales Tax 9.5% 91017 91017 91017 9LOr7 91017 97017 9tot7 91017 91017 97017 91285 91285 91285 91286 o11.OOt377r 011.0013771 011.0013771 011.0013771 011.0013771 011.0013771 011.0013771 0r.1.0013771 011.0013771 011.0013771 011.0013771 osl30l2ot9 503096 s 777.78 OOO899 - GALLS, LLC 011.1033.s40000 s 202.94 Uniforms 12590835 osl30l2or9 603097 s 202.94 003783 - GAUTIER LAND COMPANY 011.1040.400900 s 5,350.83 Ref. 2nd Parcel Tax #6302009034-052019 osl30l20]-9 603098 s 5,360.83 000642 . LEXISNEXIS CLAIMS SOLUTIONS, I 3,858.7s Printed: 6/u/2019 2:35:zl4PM 011.9019.590110 s 3,858.75 DeskOfficer Online Reporting System c10022520190430 011.0013801 os/3012079 603099 s Paee 30 of 44 Page 88 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 EARTY CHECKS PAYllEiIT CtlCCX 'AYT/IEI'T\rEItDOn [AiiE AXD r{U 8ER l{Ulr6ER AMOUI{T 9E5Ca|PI|oX I VOIG P.O.f DAIE llu AlR A (xfiI 000839 - MEASUREMENT CONTROL 056.5500.590000 S 574.36 Electrical Supplies- SYSTEMS, I 207205 056.0000515 osl3ol2org 603100 s 674.36 005914 - PACIFIC HEALTH AND 011.1025.600910 S 2,880.00 EE Wellness Deposit WELLNESS 011.1025.500910 S 2,880.00 EE Wellness Final Pymt 050919 0s0919(2) osl3olzoLg 503101 s s,760.00 006599 - GABRTEL GERMAN PEREZ 011.1031.420525 S 50.00 Ref. lmpounded Vehicle Release Fee- 0425t9 osl3ol2ol9 503102 s s0.00 003271 - ROBERTSON'S 020.1084.s20000 5 t,379.71 Supplies 406623 os/30120l9 603103 $ r,37e.77 003775 - SILVA'S PRINTING NETWORK 055.9100.520000 S 79.00 Quantity 500- 055.9100.520000 S 7.51 Sales Tax 9.5% 26940 26940 055.0002723 os/30/2079 503104 s A0.Sr 004229 - SMARDAN SUPPLY CO 056.5500.520000 s 1,388.84 Pipe & Fittings- 056.5600.520000 S 195.99 Pipe & Fittings- s3360828001 056.0000515 s3351707001 0s5.0000516 o5/3Ol2OL9 60310s s 1,584.83 002079 - SOCALIOINTPOLE 055.91u).s95200 5 755.38 oPeEting Expenses 04/19 2025s COMMITIEE osl3o/2079 603106 S 765.38 Printed: 6/1112019 2:36:44PM PaRe 31 of44 Page 89 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 OOO191. STATE STREET LAUNDRY 011.1031.520000 011.1031.520000 011.1031.520000 011.1031.520000 9.90 Laundry Services- 9.90 Laundry Services- 8.10 Laundry Services- 6.30 Laundry Services- s S s S 11513 LL674 11615 11 616 011.0013233 011.0013233 011.0013233 011.0013233 osl30/2019 603107 s 34.20 OOO429 - UC REGENTS 011.1033.596200 011.1033.s96200 2,6tO.46 CElQl Services 2,610.46 CElQl Services s S 2L70 220t os/30l2oL9 603108 s 5,220.92 OOO449 - UNDERGROUND SERVICE ALERT 020.1084.s96200 020.1084.596200 72.68 Regulatory Costs Fees 160.15 New Ticket Charges s s 18DSBFEE2403 420190783 osl3o/2o19 603109 s 232.83 001481 - VERIZON WIRELESS 011.9019.s50010 s 832.96 Period:04119 9829843360 osl3ol2o79 503110 s 832.95 006576- WATTCO 011.1031.850000 011.1031.850000 011.1031.850000 S s s 566.17 Part No. PWAT-I19-GPSD-VERN- 16.15 Freight 53.79 Sales Tax 9.5% s2899 52899 52899 011.0013755 011.0013755 osl30l2079 603111 s 636.1 1 ooo743- xEROXFINANCIALSERVICES, 011.9019.590110 s LLC 3,219.30 Ptintedt 6 l 7l/ 2019 2.36:44P M 3,219.30 Lease Payment t622618 os/30/2019 603112 s Pape 32 of M Page 90 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 001153. ZUMAR INDUSTRIES, INC 011.1049.520000 s 292.57 RegulatorySigns-83105 011.0013215 osl30l20te 603113 s 292.57 001524 - ALLSTAR FIRE EQUIPMENT, tNc 011.1033.s20000 s 011.1033.540000 s 011.1033.540000 s 505.02 SCOTT Compressor Service 3,547.O5 Phenix Tech 1500-2007GR-ESS Fire Helmet 335.97 Sales Tax 9.5% 275438 275474 2L5474 011.0013783 06/04l2ot9 603114 s 4,390.04 OO1970 - AQUA.METRIC SALES COMPANY 020.1084.520000 020.1084.520000 020.1084.520000 020.1084.520000 s S S s 390.00 1-112" - 2" Omni R2 Register Only 41.20 Sensus Security Drive Socket 11.57 Freight 40.97 Sales Tax 9.5% tNV0073517 tNV0073617 tNV0073617 tNV0073617 011.0013712 011.0013712 011.0013712 06l04l2ot9 603115 s 483.74 OO14O1 - CENTRAL BASIN MWD 020.1084.500130 s 178,824.23 Potable Water Breakdown VERAPR19 06l04/20L9 603116 s 778,824.23 OOL229 - CITY OF LOS ANGELES TREASURER 011.1043.s90000 s 1,840.13 Traffic Signal Maintenance O4l19 -06/t9 94MA190000059 1,840.13 P tinted: 6 I Ll / 2019 2:36:44PM 05/04l2Ot9 603117 s PaEe 33 of 44 EARLY CHECXS--- : iE6UF ii6E m'.i vE pgRi! Mf $D. !9!S3---j uMi-li , :,,i, ttourq oscslmlx . ,i.,, ril lr$lplcE , I P'pJ nNE IuuB€'f, ^M!t'ilT Page 91 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 EARTY CHECKS ACCOUNT VEITqOR NAME AI{D ITIUMBER NUMBER rNvolcE AMOUNT DESCRIPTION rNvolcE P.O.* PAYMENT DATE cHECt( NUMBER PAYMENT AMOUNT 001335 . CURRENT WHOLESALE ELECTRIC 5UP 020.1084.520000 020.1084.s20000 020.1084.520000 020.1084.520000 852.24 Electrical Supplies- 366.93 Electrical Supplies- 1.,225.58 Electrical Supplies- 988.00 Electrical Supplies- S s s 257970 257971 257972 257973 011.0013313 011.0013313 011.0013313 011.0013313 06/0412019 503118 s 3,432.75 OO7712 - GRAINGER, CO 0ss.8400.590000 s 407.26 Materials & Tools-9162972351 0s5.0002670 06l04/2Ot9 603119 s 407.26 OO55OO. GREEN OLIVE 011.1026.600910 s 1,550.81 Final Pymt / Health & Wellness Fair 0s2e1s(2) 06/04120t9 603120 s 1,550.81 005600. GREEN OLIVE 011.1026.600910 s 660.00 Deposit / Health & Wellness Fair 052919 0610412019 503121 s 660.00 006108 - IMPRESSIONS IN THREAD 055.9000.540000 0ss.9000.540000 0ss.9000.540000 055.9000.s40000 0s5.9000.s40000 055.9000.540000 0ss.9000.540000 055.9000.540000 055.9000.540000 s s s s s s s s s 1,508.00 Embroider Red House Dress Shirts RH76 350.00 Embroider Red House Dress Shirts RH76 63.00 Embroider Red House Dress Shirts RH76" 232.00 Embroider Red House Dress Shirts RH78 120.00 Embroider Red House Dress Shirts RH78- 348.00 Embroider RH78 Steel Grey 120.00 Embroider RH78 Steel Grey- 1,450.00 Embroider Red House Women's Dress 399.10 Sales Tax 9.5% 2667 2667 2667 2667 2667 2667 2667 2667 2667 055.0002732 055.0002732 0ss.0002732 055.0002732 055.0002732 055.0002732 055.0002732 055.0002732 603122 s Ptinte * 6 I 1.L I 2OL9 2:35: 44P M 06/04/20re 4,500.10 Paae 34 ol 44 Page 92 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18,2019 OOO999. INTERSTATE GAS SERVICES, tNc 0s6.s600.596200 s 75,649.7 3 Consulting Services 7027482 06/04l2oL9 503123 s 1s,549.73 OOO8O4 - LB JOHNSON HARDWARE CO frt 0s5.8400.590000 0s5.8400.590000 05s.8400.590000 055.8400.590000 055.8400.590000 055.8400.590000 055.8400.s90000 0ss.8100.520000 055.8100.s20000 055.8400.s90000 055.8400.590000 0s5.8400.s90000 055.8400.s90000 055.8400.590000 136.03 Hardware SuPPlies- 86.60 Hardware SuPPlies- 18.57 Hardware SuPPlies- 133.46 Hardware Supplies- 60.55 Hardware SuPPlies- 16.41 Hardware SuPPlies- 48.50 Hardware SuPPlies- 262.73 Hardware SuPPlies- 262J3 Hardware SupPlies- 35.10 Hardware SuPPlies- 305.11 Hardware SuPPlies- 6.77 Hardwate SuPPlies- 10.58 Hardware SuPPlies- 105.55 Hardware SuPPlies- s s S s s s S s s 5 5 s s s 100624 100680 100739 101057 101239 101529 101537 101555 101678 101828 700492 700528 700551 701054 055.0002675 0ss.0002575 055.000267s 055.0002675 0s5.0002675 055.000267s 055.0002675 055.0002675 055.0002675 055.0002675 055.000267s 0s5.0002675 055.000267s 0s5.0002575 o6lo4l2oL9 603124 s 1,490.89 OO115O - MCMASTER CARR SUPPLY COMPANY 056.s600.s20000 056.5500.s20000 1,409.13 Hardware SuPPlies- 759.74 Hardware SuPPlies- s S 93450902 94353559 056.0000s27 056.0000527 603125 5 2,168.87 P rinted : 6 / 7L/ 2019 2:36'.44P M 06/04/2Ot9 Pase 35 of 44 Page 93 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 004226 - NIELSEN, MERKSAMER, PARRINELLO 011.1002.596200 011.1002.595200 s s 2,513.50 Professional Services 03/19 1,101.00 Professional Services 04/19 40119 50119 06l04l2079 503125 s 3,7L4.50 OO475O - THE CAMPBELL VALVE & ENGINEERI 0s6.s600.s90000 s 2,268.85 Gove Ball Valves Maintenance cvEC19021 06/0412079 603127 s 2,268.85 002885 . WALTERS WHOLESALE ELECTRIC, CO 0ss.8400.s90000 s 3.53 Electrical Parts -s113008580001 055.0002678 06l04l2019 603128 s 3.s3 OO3I77 - WILMINGTON INSTRUMENT COMPANY, 056.s500.520000 s 669.70 Calibration Services-107619rN 0s6.0000517 06/04l2ot9 603129 s 559.70 000005 - ATHRONE CO, INC 055.8100.595200 5 0ss.8100.s96200 s 055.8100.s95200 s 84.95 Portable Restrooms 279.14 Portable Restrooms 88.95 Portable Restrooms 580111 580112 580113 o6lo6/207s 603130 s 453.04 Printed: 6/U/2019 2:36:44PM Pase 36 of 44 P.O.f NUMBER AMOUNTAMOUNT DESCRIPTION Page 94 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18, 2019 EARTY CHECKS . ACCOUI{T IMTOrcE PAYMEM CHECI( PAYMII{Tororni orsq!rygt ttrvorcE p.o.r MTE I{uMBER aMour{TVEI{DOR NAi/IE AIID IIIUMBER IIUMSER AMOUi{T DESCNIPIION U{VOICE P.O.f 005490- CINTASCORPORATION 020.1084.540000 S $q.t3 Uniforms 055.8000.540000 S 33.56 Uniforms 055.8100.540000 S 153.45 Uniforms 020.1084.540000 5 142.69 Uniforms 055.8000.540000 S 33.56 Uniforms 055.8100.540000 S 108.40 Uniforms 056.5500.540000 S 9.38 Uniforms 4021959499 4021959499 4021959499 402247349t 4022413491 40224t349L 402241349t 06/0612079 503131 s 63s.77 000916 - couNTY CLERK, COUNTY OF 011.1041.410280 s 75.00 Notice of lntent- LA 0s2919 06106/2019 603132 s 7s.00 OO031O - CRAIG WELDING SUPPLY, CO 055.8000.590000 5 359.76 Refill Cylinders -531161 0ss.0002572 o6lo6l2oL9 603133 s g0S.ZS 004181 - FRANCHISETAX BOARD 020.210250 S 148.41 Garnishment: Payment 055.210260 S 841.00 Garnishment: Payment 8en215490 8en216490 06/o6l21t9 603134 s gAg.+r OOI7I2 - GRAINGER, CO 056.5600.520000 S 66.84 Materials & Tools- 056.5600.520000 S 880.52 Materials & Tools- 916572L656 056.0000519 9765721664 056.0000519 06/06/2019 60313s s 947.35 006604 - NAYELI JIMENEZ ALVARADO 011.1021.797000 S 5,000.00 VCF Scholarship Grant Award o6lo6l20t9 503135 s s,000.00 Printed: 6/u/2019 2:36:44PM 060319 Pape37 of M Page 95 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18, 2019 OOO8O4. LB JOHNSON HARDWARE CO #1 020.1084.520000 s 05s.8400.s90000 s 0ss.8400.590000 s 325.75 Plumbing & Building Hardware- 87.58 Hardware SupPlies- 28.45 Hardware SuPPlies- 101815 101948 101949 011.0013196 0ss.0002675 055.0002575 06l06/2ots 603137 s 441.78 003342 - LIBERTY MANUFACTURING, tNc 011.1031.s90000 s 3,770.25 Range Maintenance 10010 06/06/20t9 503138 s 3,770.25 006508. YANI MARTINEZ 011.1021.797000 s 2,000.00 VCF Scholarship Grant Award 060319 o6/06/20L9 503139 s 2,000.00 011.1001.595500 s 250.16 California Contract Cities 60th Annual 052919006592. CAROL MENKE 06l06l2O1s 603140 s 250.16 001943 - PLUMBING & INDUSTRIAL SUPPLY 020.1084.s20000 020.1084.520000 s s 158.14 Plumbing Hardware & Supplies- 9.37 Plumbing Hardware & Supplies- s1219182001 s1219240001 011.0013198 011.0013198 0610612079 503141 s 767.57 011.1021.797000 s 5,000.00 VCF Scholarship Grant Award 063019006603 - JULIE QUINTERO 06/0612079 503142 s s,000.00 006605 . KIMBERLY ROBLES 2,000.00 P tinte d: 6 I lL/ 2079 2:36'.44P M 011.1021.797000 s 2,000.00 VCF Scholarship Grant Award 060319 06/06/2O1s 603143 s Paee 38 of 44 Page 96 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 EARTY CHECKS DAYTIIEiTI ' C!{ECT NAYMEIII VEITIDOR iIAME AXD ruMDER IIUIiEES AMOUI{T DEi(nIPnOIl NVOrcE ?.O* OAIE I{UMEEI AMOUf,T 005602 - ARIANNA M. ROMERO 011.L021.797000 S 2,000.00 VCF Scholarship Grant Award 060319 06l06/2019 603144 s 2,000.00 005607 - HECTOR RUIZ-MANZO 011.1021.797000 s 2,000.00 VCF Scholarship Grant Award 060319 06l06/20t9 603145 s 2,000.00 004441- U.S. DEPT OF EDUCATION 011.210260 408.74 Garnishment: Payment Ben215488 06l06l21ts 503145 s 408.74 006505. VALERIA N. VALENCIA 011.1021.797000 s 2,000.00 VCF Scholarship Grant Award 060319 o6lo6l21t9 603147 s 2,000.00 OO548O. VISTA PAINT CORPORATION 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 S S S s s s s S s S S 53.00 2990-500 Acribond Flat White -P, 31.50 2990-502 Acribond Flat White -A Base, 173.28 2997-500 Coverall Ext. Flat White -P 28.88 2991-501 Coverall Ext. Flat Deep Base, 33.08 2991-502 Coverall Ext. Flat Accent 423.55 2995-500 Coverall Ext. Flat White -P 741.22 2995-501 Coverall Ext. Flat Deep Base, 6.30 0100-100 Paintcare Recycle Fee - Quart. 12.00 0100-100 PaintCare Recycle Fee - 12.80 0100-100 Paintcare Recycle Fee - 5 87.94 Sales Tax 9.5% 201973349500 201973349600 201973349600 201973349500 201973349600 201973349500 201973349600 201973349500 201973349600 201973349500 201973349600 011.0013595 011.0013696 011.0013696 011.0013595 011.0013595 011.0013695 011.0013695 011.0013696 011.0013696 011.0013696 1,013.66 P(inte * 6 / r.1. / 20 19 2136i44P M o6/06/2}t9 603148 s Pase 39 of 44 Page 97 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 006323. THE LOPEZ LAW FIRM CLIENT TRUS 011.1043.502090 S 13,500.00 Claims for Damage on 03/13/18 06l06l2019 603149 s 13,s00.00 TOTAL EARLY CHECKS s 382,740.69 Printed: 5/11/2019 2:35:44PM Pape 40 of 44 EARLY CHECI(S PAYil$TI NUMBER AMOUNT DESCRIPTION IITIVOICE P.O.f Dry NUMBER AMOU$T Page 98 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 WARRANTS ACCOUTT NNlorcE PAYMEIIT CHECI( PAYII/IEI{T vEt{oott E AIID ItuMlER truMlER attourT oEscrlPno! llllplcE P.o.* o rt l{uM6m AuourT 000589 - AGENCIESTOOL CENTER, INC 011.1046.520000 S 62.18 SPC500 jewelers screwdrivers 011.1046.520000 s L2.30 Freight 011.1046.520000 S 4.82 Salesrax7.75% 69824F 011.0013753 69824F 011.0013753 69824F o6/L8l20t9 6031s0 s 79.30 005348 - AG|LITY RECOVERY 011.9019.590110 S 415.00 Disaster Recovery Services SOLUTIONS 87663 o6lt8l2ot9 5031s1 s 41s.00 005551 - BARR ENGINEERING, INC 011.1049.590000 S 11,795.00 Replace Large Compressor 433535 o6h8/2OL9 5031s2 s 11,79s.00 006609 - Bpp pAc tN RE|T pRop 011.1040.400900 s 1,486.28 Ref. 1st&2nd Parcel #631027044- 060319 OWNER 061t812079 5031s3 s 1,486.28 003846 - CITY OF HUNTINGTON PARK 011.1031.594200 S 3,345.44 Prisoner Booking Log 19554 o6lL8l2119 5031s4 s 3,34s.44 004787 - CLEARINVESTIGATIVE 011.1048.466900 S 60.00 BackgroundCheck ADVANTAGE, 118286 o6/78120le 6031ss s 60.00 006065 - JUSTTN CORSON 011.1033.596700 S 675.00 Reimb. Confined Space Rescue 053019 o6lt8/2019 6031s5 s 67s.00 000620 - DEPT OF TOXIC SUBSTANCES 011.1050.595200 S 2,935.81 Former Thermador lndustrial Site 18SM5297 CTRL o6ll8l2ot9 5031s7 s 2,93s.81 Ptinted: 6/ 1l/2079 2:36:44PM Pase 41 of 44 Page 99 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 003795 - FtRE APPARATUS SOLUTIONS 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.570000 011.1033.570000 413.07 Vehicle Maintenance & Repairs 3,754.65 Vehicle Maintenance & Repairs 1,295.00 Vehicle Maintenance & Repairs 1,295.00 Vehicle Maintenance & Repairs 5,398.45 Vehicle Maintenance & Repairs s s s S 5 14605 14608 t4754 74755 r4756 06/t8l2or9 6031s8 s 13,156.18 004143 - INTERWEST CONSULTING GROUP, IN 011.1041.59s200 s I,752.59 Professional Services 50090 06lr8l20]-9 6031s9 s 1,752.59 006350 - JOHNSON CONTROLS FIRE PROTECTI 011.1049.590000 s 1,095.00 Fire Alarm Repairs 85870991 o6lt8l2ot9 503160 s 1,095.00 OO534O - LA POOL GUYS 011.1049.590000 s 210.00 Pool Maintenance 2252 06lt8l2o19 603151 s 210.00 001096 - MELVYN GREEN & ASSOCIATES, INC 011.1041.s9s200 s 2,443.L9 Plan Check Services 05/19 14167 06lL8/201s 503162 s 2,443.19 006416 - PRIORITY BUILDING SERVICES, LL 9,00s.38 Printed: 6/11/2019 2:36:44PM 011.1049.590000 s 9,005.38 Janitorial Services 06/19 64465 06/18/20]-9 603163 s Paae 42 of 44 Page 100 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.24 JUNE 18,2019 WARRANTS 001959 - PUBLTC AGENCY R|SK MGMT 011.1004.596ss0 s ASSOC 150.00 Public Entity Member 98550 06118/2079 503L64 s 1s0.00 001158 - SOUTH COAST AQMD 055.8200.500230 055.8200.s00230 s s 136.40 Flat Fee for Last FiscalYear Emissions 764.90 AnnualTitle V Facility Fee 3455973 3459647 06/7812019 50316s s 901.30 006610 - T.MOBILE USA, INC 011.1031.s94200 s 102.00 GPS Locate 9359026001 06lt8l2OL9 603166 s 102.00 OOO733 - UNIVAR USA INC.011.120010 011.120010 1,200.00 3500-500 RoundUp ProMax herbicide, 30 114.00 Sales Tax9.5% LA727140 LA727740 011.00L3797 06/78120t9 503157 s 1,314.00 002991 - vOLVO CONSTRUCflON EQUIPMENT 011.1046.520000 s 011.1046.590000 s 011.1045.s20000 s 394.37 DOO 45551891G8 painted hose reel with 29.15 Freight 37.47 Sales Tax 9.5% P504076205 P504076206 P504075206 011.0013752 011.0013752 061L8120L9 603168 s 451.00 005599 - WEBCO LB, LLC 06/18/2O1s 503169 s 1o,2so.oo Printed: 6/u/2019 2:?6:44PM 011.1043.900000 s 10,250.00 Street Sweeping Services 05/19 184581 TOTAT WARRANTS Pase 43 ot 44 5 61,632.47 ACCOUNT NUMBER tNvotcE AMOUNT DESCRIPNON tNvotcE P.O.f PAYMENT C}IECI(DATE NUMBER PAYMENI AMOUNT Page 101 of 607 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 24 JUNE 18, 2019 RECAP BY FUND ELECTRONICTOTAL EARTYCHECKTOTAL WARRANT TOTAL GRAND TOTATS 60,73L.77 s r,434,426.03011 - GENERAL O2O - WATER 055-LIGHT&POWER 056 - NATURAL GAS 057 - FIBER OPTIC GRAND TOTAT TOTAT CHECXS TO BE PRINTED 20 s 1,22t,957.54 s 2s1,250.56 5,166,154.35 180,209.78 37,278.42 157,737.32 s 185,292.35 17,990.13 23,973.08 3,747.81 0.00 901.30 0.00 0.00 436,542.9L 5,185,045.78 204,182.86 4t,026.23 $ e,850,850.6s $ 192,740.69 S 6L,632.47 S 7,30t,223.91 I Printed: 6/11/2019 2:36:44PM PaAe 44 ol 44 Page 102 of 607 City Council Agenda Item Report Agenda Item No. COV-278-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: June 18, 2019 SUBJECT Approval of City Payroll Warrant Register No. 756 Covering the Period of May 01 through May 31, 2019 Recommendation: A. Approve City Payroll Warrant Register No. 756 which totals $2,842,065.88 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,229,503.28. 2) Checks and electronic fund transfers (EFT) paid through Operating bank account totaling $612,562.60. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared City Payroll Warrant Register No. 756 covering claims and demands presented during the period of May 01 through May 31, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. City Payroll Warrant Register No. 756 Page 103 of 607 Raquel Franco | 6/1 1/2019 7:46 AM PAYROLL WARRANT REGISTER City of Vernon No.756 Month of June 2019 I hereby Certify: that claims or demands covered by the above listed warrants have been audited as to accuracy and availability of funds for payments thereof; and that said claims or demands are accurate and that funds are available for payments thereof. Director of Finance Date: 5uo\ \\ J zt \J This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for pay- ments DATE DATE Page 1 of 1 Payroll Warrant Register Memo (00000003) :Warrant Page 104 of 607 Pavrolls reported for the month of Mav: 04114119 - 04127119, Paydate 05/09/19 04128119 - 05111I19, Paydate 05123119 Payment Method Date Payment Description Amount Tota! net payrolland payrolltaxes CHECKS ACH ACH CHECKS ACH ACH 05/09/1 I 05/09/19 05/09/19 05t23119 05t23119 05t23119 05/09/19 05/09/19 05/09/19 05/09/19 05/09/19 05/09/19 05/09/19 05/09/19 04t25119 04t25t19 04t25t19 04t25t19 04t25t19 04t25t19 04t25t19 04125119 Net payroll, checks Net payroll, direct deposits Payrolltaxes Net payroll, checks Net payroll, direct deposits Payrolltaxes $ 24,582.70 831,958.66 238,614.83 16,024.80 866,792.09 251,530.20 2,229,503.28 ACH ACH ACH 602893 602905 ACH ACH ACH ACH ACH ACH ACH 603026 603048 ACH ACH ICMA CaIPERS California State Disbursement Unit Franchise Tax Board U.S. Dept of Education IBEW Dues Vernon Firemen's Association Vernon Police Officers' Benefit Association ICMA CaIPERS California State Disbursement Unit Teamsters Local 911 Franchise Tax Board U.S. Dept of Education Vernon Firemen's Association Vernon Police Officers' Benefit Association 40,044.23 251,076.17 2,872.13 989.41 408.74 3,388.72 3,413.00 2,025.90 40,962.54 255,035.72 2,872.13 2,592.00 989.41 408.74 3,413.00 2,070.76 612,562.60 Payroll related disbursements, paid through Operating bank account Total net payroll, taxes, and related disbursements $ 2,942,065.88 Page 1 of 1 Page 105 of 607 City Council Agenda Item Report Agenda Item No. COV-279-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: June 18, 2019 SUBJECT Approval of Federal Funds for Street Improvements Account Warrant Register No. 28 Covering the Period of May 28 through June 10, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 28 which totals $28,883.80 and consists of the following: 1) Ratification of electronic payments totaling $28,883.80. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Federal Funds for Street Improvements Account Warrant Register No. 28 covering claims and demands presented during the period of May 28 through June 10, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Federal Funds for Street Improvements Warrant Register No. 28 Page 106 of 607 FEDERAL FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.28 JUNE 18, 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: o*'"'" tn"l"fl//,l- William Fox Finance DirectorfohL \\70 l\ Printed: 6/11/2019 10: L9:23AM Page 107 of 607 FEDERAT FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO. 28 JUNE 18,2019 ETECTRONIC I[O'llT V{'I(E PAYI'EI{T TAYI,EIIT PAYT'E IvE DOr AMEA{pruMBEi iUMlEi :,lt OUitT D€SfitmO!{ rr{VOrG P.O.r DArE I{UM8ER Arrollf{! 003975 - CNS ENGINEERS, INC 011.1043.900000 S 28,883.80 Consulting Services-801750 o6los/20l9 31 s 28,883.80 TOTAL ETECTRONTC s 28,883.80 P tinredi 6 I 1.1.12079 10:19:234M Pase 1 of 2 Page 108 of 607 FEDERAT FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.28 JUNE 18,2019 RECAP BY FUND 011 . GENERAL GRAND TOTAT TOTAL CHECXS TO BE PRINTED O ETECTRONIC TOTAL EARTY CHECK TOTAT WARRANT TOTAI 5 28,883.80 S 0.00 s $ 28,883.80 S 0.00 s GRAND TOTATS 0.00 s 28,883.80 o.oo s 28,883.80 Ptinte d: 6 I 7]./ 2019 10: 19: 234M Pape 2 of 2 Page 109 of 607 City Council Agenda Item Report Agenda Item No. COV-280-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: June 18, 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. 22 to record voided Check No. 602885 in the amount of $13,500.00 issued 05/09/19 to Covarrubias, Juan. 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 check listed. Fiscal Impact: None. ATTACHMENTS Page 110 of 607 City Council Agenda Item Report Agenda Item No. COV-207-2019 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: June 18, 2019 SUBJECT Fire Department Activity Report for the Period of May 16 through May 31, 2019 Recommendation: A. Receive and file. Background: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of May 16, 2019 through May 31, 2019. This report covers hours for Fire Prevention, Training, Pre-Incident, Periodic Testing, Public Service Programs and Routine Maintenance. Fiscal Impact: None. ATTACHMENTS 1. Fire Department Activity Report - 05/16/19 to 05/31/19 Page 111 of 607 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#):94 766 18 568 Re-Inspections (#):21 73 19 93 Spec. Haz. Inspections (#):2 18 3 9 Total Inspections: 117 857 40 670 Total Man Hours:189 1191 66 1034 TRAINING (HOURS): Firefighting 117 1031 125 1185 Hazardous Materials 38 369 25 291 Safety 126 1272 128 1249 Apparatus Operations 126 1289 131 1279 Equipment Operations 117 1258 132 1267 CPR 0 42 0 9 First Aid 27 365 34 358 Total Hours:551 5626 575 5638 PRE-INCIDENT (HOURS): Planning 101 928 101 876 District Familiarization 94 988 99 862 Total Hours:195 1916 200 1738 PERIODIC TEST (HOURS): Hose Testing 0 9 1 2 Pump Testing 0 27 0 15 Total Hours: 0 36 1 17 VERNON FIRE DEPARTMENT COMPANY ACTIVITIES May 16, 2019 to May 31, 2019 Page 1 Page 112 of 607 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 10 46 2 20 Fire Brigades 0 11 0 4 Emergency Preparedness 13 137 7 92 Total Hours:23 194 9 116 ROUTINE MAINTENANCE (HOURS): Station 128 1118 124 1246 Apparatus 128 1132 125 1231 Equipment 127 1158 128 1244 Total Hours:383 3408 377 3721 Grand Total Hours:1341 12371 1228 12264 :Fireactivity Page 2 Page 113 of 607 City Council Agenda Item Report Agenda Item No. COV-191-2019 Submitted by: Michelle Tolmasoff Submitting Department: Public Utilities Meeting Date: June 18, 2019 SUBJECT Approval of a Blanket Purchase Order for Equipment Purchases for Fiscal Year 2019-2020 with Schweitzer Engineering Laboratories, Inc. c/o Matzinger-Keegan, Inc. Recommendation: A. Find that approval of additional funds 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 even if it were considered to be a “project,” the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing equipment where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced; and B. Approve the issuance of a blanket Purchase Order with Schweitzer Engineering Laboratories, Inc. ("SEL") c/o Matzinger-Keegan, Inc. ("MKI") in an amount not-to-exceed $20,000 for potential equipment purchases during fiscal year 2019-2020. Background: Vernon Public Utilities SCADA (Supervisor Control and Data Acquisition) system is a critical computing system that monitors and controls Electric, Water, and Gas assets and infrastructure. SEL provides network communication and specialized relaying equipment that are monitored and controlled by the SCADA system. Staff currently maintains an existing agreement and Purchase Contract with SEL, and also utilizes MKI to procure equipment through Purchase Orders. 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 SEL a total of approximately $316,250.33 in agreements and Purchase Orders as follows: 1) On July 18, 2017, City Council approved a three (3) year services agreement for Ybarra Substation Electric System Protection Implementation with SEL Engineering Services in an amount not to exceed $296,250.34. 2) On June 5, 2018, City Council approved a blanket Purchase Order for potential equipment purchases in a not-to-exceed amount of $20,000 for fiscal year ("FY") 2018-2019. Staff is seeking approval for a blanket Purchase Order in the amount of $20,000 to cover any ancillary purchases of SEL equipment that may be necessary during FY 2019-2020. The proposed Purchase Order is exempt from Competitive Bidding in accordance with the conditions set forth in Section 2.17.12(A)(2) and Competitive Selection as Page 114 of 607 per Section 2.17.12(B)(1), as the SCADA system equipment is only available directly from the manufacturer's distributor SEL c/o MKI and is compatible with the City's existing SCADA infrastructure. Fiscal Impact: The not to exceed amount of $20,000 for any future equipment purchases required during FY 2019-2020 has been included in the Public Utilities Department budget for FY 2019-2020 and will be charged to account 055.9100.900000. ATTACHMENTS Page 115 of 607 City Council Agenda Item Report Agenda Item No. COV-192-2019 Submitted by: Michelle Tolmasoff Submitting Department: Public Utilities Meeting Date: June 18, 2019 SUBJECT Approval of a Blanket Purchase Contract for Internet Connection Equipment with Fujitsu Network Communications for Fiscal Year 2019-2020 Recommendation: A. Find that approval of additional funds 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 even if it were considered to be a “project,” the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing equipment where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced; and B. Approve the issuance of a blanket Purchase Contract with Fujitsu Network Communications in an amount not-to-exceed $25,000 for potential equipment purchases during fiscal year 2019-2020. Background: Vernon Public Utilities Fiber Optic based Internet Services is monitored and managed by Fujitsu Network Communications ("Fujitsu") which provides Internet access to the City Hall Internet system and retail end users. Fujitsu provides the equipment that connects end users to the World Wide Web. The City currently maintains an existing agreement with Fujitsu, and also utilizes Fujitsu to procure equipment through Purchase Orders as needed. Per Vernon Municipal Code § 2.17.02(B), City Council approval is required if, in the twelve (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 (12) months, the City has awarded Fujitsu a total of approximately $395,000 in agreements and Purchase Contracts as follows: 1) On November 7, 2017, City Council approved a three (3) year equipment and services agreement related to the fiber optic system internet access operations with Fujitsu in an amount not to exceed $350,000. Per fiscal year ("FY"), $90,907 is typically spent. 2) On November 20, 2018, City Council approved a Purchase Contract with Fujitsu for the purchase of network connection equipment to be placed at various end user buildings with a not-to-exceed amount of $20,000. 3) On November 20, 2018, City Council approved a blanket Purchase Contract in the amount of $25,000 for potential ancillary purchases for internet connection equipment during FY 2018-2019. Page 116 of 607 Staff is seeking approval for a blanket Purchase Contract in the amount of $25,000 to cover any ancillary purchases of Fujitsu equipment that may be necessary during FY 2019-2020 in order to ensure reliable internet service to customers. The proposed Purchase Contract is exempt from Competitive Bidding in accordance with the conditions set forth in Section 2.17.12(A)(2) and Competitive Selection as per Section 2.17.12(B)(1), as the network connection equipment is only available directly from the manufacturer and is compatible with the City's existing Fujitsu infrastructure. Fiscal Impact: The not-to-exceed amount of $25,000 for any ancillary purchases required during FY 2019-2020 has been included in the Public Utilities Department budget for FY 2019-2020, and will be charged to account 057.1057.900000. ATTACHMENTS Page 117 of 607 City Council Agenda Item Report Agenda Item No. COV-211-2019 Submitted by: Felix Velasco Submitting Department: Public Works Meeting Date: June 18, 2019 SUBJECT Contract Award for City Contract No. CS-1093: Sierra Pine Avenue Improvements Recommendation: A. Find that the award of the proposed Capital Improvement Project at Sierra Pine Avenue is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Accept the bid proposal from Hardy & Harper, Inc. as the lowest responsive and responsible bidder for the Sierra Pine Avenue Improvements Project and reject all other bids; and C. Approve and authorize the City Administrator to execute Contract No. CS-1093, in substantially the same form as submitted herewith, in an amount not to exceed $247,511 for the Sierra Pine Avenue Improvements Project, for a period not to exceed 30 calendar days; and D. Authorize a contingency of $25,000 in the event an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Background: The project consists of a 4" deep removal and replacement of the existing asphalt pavement along Sierra Pine Avenue from 26th Street to Bandini Boulevard. The new asphalt consists of a 2" B-PG-70-10 layer with a 2" C2-PG-70-10 latex modified asphalt concrete overlay. In addition, the project includes the removal and replacement of damaged sidewalk, driveways, installation of handicap access ramps, and the installation of 8" thick concrete pavement. To finalize, the streets shall be repainted in accordance with the latest Caltrans Standards . On March 28, 2019, the City Attorney approved as to form the notice inviting bids and project specifications and on April 16, 2019, the City Administrator authorized the advertisement of the Notice Inviting Sealed Competitive Bids for the Sierra Pine Avenue Improvements Project. The Notice Inviting Bids was posted on the City's Planetbids website and published in the local newspaper. The Department has utilized the template Notice Inviting Bids, Bid Forms, Standard Specifications, Instruction to Bidders and Standard Form of Contract previously approved by the City Council. The bids for Contract No. CS-1093, Sierra Pine Avenue Improvements Project were received and opened on May 2, 2019. The calculated results are as follows: 1. Hardy & Harper, Inc. - $247,511 2. Palp, Inc. dba Excel Paving Company - $264,462 Page 118 of 607 3. All American Asphalt - $278,196 4. Sequel Contractors, Inc. - $294,704 5. Sialic Contractors Corporation dba Shawnan - $296,191 6. Onyx Paving Company, Inc. - $306,000 Fiscal Impact: The Public Works Department identified $292,050 of the budgeted funds remaining from the LA River Flap Gates Construction Project in the approved FY 2018-2019 City Budget to cover the cost of this project. It is anticipated that the first invoice for this project will be received during the FY 2019-2020. Therefore, the funds to cover the cost of this project will be budgeted in FY 2019-2020. ATTACHMENTS 1. Contract Agreement No. CS-1093 for Sierra Pine Avenue Improvements Page 119 of 607 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this day of , 20 ___, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and Hardy & Harper, Inc., a California corporation (hereinafter "Contractor"), for construction of Sierra Pine Avenue Improvements. 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. Exhibit E – City Standard Plans M. Notice Inviting Bids; N. Instructions to Bidders; O. Bid Forms; P. Designation of Subcontractors; and Page 120 of 607 Q. Bidding Addenda Nos. ___1__. 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non- technical data, interpretations, opinions or provisional statements contained therein: A. None 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Sierra Pine Avenue Improvements Contract No. CS-1093 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within ____30__ calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of One Thousand ($1,000) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Page 121 of 607 Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: _________. 5. CONTRACT SUM In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of two hundred and forty seven thousand, five hundred and eleven dollars/no cents ($247,511), payable as set forth in the General Conditions (“Contract Sum”). IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ___________________, California. [Contractor]: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR’S SIGNATURE MUST BE NOTARIZED [Contractor’s Corporate Seal] Page 122 of 607 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. Page 123 of 607 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. Page 124 of 607 R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. T. Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows: 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes 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. Page 125 of 607 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. Section 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 (2018 Edition), the Standard Plans for Public Works Construction (2002 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2018 Edition), 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 126 of 607 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 Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee encroachment permit from the City of Vernon’s Public Work, Water and Development Services 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. E. Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees from the Date of Commencement until City’s Final Acceptance of the Work. Page 127 of 607 1.04 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. Contractor shall apply and pay for a City of Vernon business license. 1.05 ALLOWANCES A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City’s estimated cost established for each Work item covered by an Allowance stated in the Contract Documents. See Paragraph 1.01 for definition of Allowance. B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other taxes legally chargeable; and all other costs and expenses incidental to such Work. C. Work items covered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City’s approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City’s Project Representative for review and the Contractor has received City’s approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. Page 128 of 607 1.08 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 1.09 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher 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 Page 129 of 607 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 Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. Page 130 of 607 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations, quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. Page 131 of 607 1.14 RIGHT OF WAY A. The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials. The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping, and for any damage that may result from his/her use of City property. C. In case areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations, he/she shall make arrangements with the property owners for the use of such additional areas at his/her own expense. 1.15 CONTRACTOR’S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] Page 132 of 607 ARTICLE 2 - PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor’s expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 2.05 CITY’S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, Page 133 of 607 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: Attention: Phone: Facsimile: All communications shall be copied to City and shall be delivered to City’s Director at the address set forth below, with copies to such additional persons as may be directed by City’s Director. City of Vernon Department of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Wall, Director of Public Works Phone: (323) 583-8811 x 305 Facsimile: (323) 826-1435 E-mail: dwall@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, Page 134 of 607 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: Page 135 of 607 In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If, in the Director’s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor’s Work, the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a Page 136 of 607 condition suitable for use by the City, the City may, after written notice and designation from the Director to the Contractor, use (which includes, but is not limited to, taking over or placing into service) any portion(s) designated by the Director. B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor, or any other cause, shall be made at the expense of the Contractor. D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor’s sole expense. 2.13 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by the Contractor. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. Page 137 of 607 B. Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance, and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor’s expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Page 138 of 607 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. (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 Page 139 of 607 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 Director. No compensation shall be allowed for such removal or replacement. Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Damage. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents, the Contractor shall bear the cost of repairing or reconstructing that other construction as well. 5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials, debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor’s operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or Page 140 of 607 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 Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Fence Repair Drainage Ditch and Channel Maintenance Page 141 of 607 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 Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control Page 142 of 607 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 Page 143 of 607 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. Page 144 of 607 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. Page 145 of 607 F. Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the “Greenbook” Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. 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: Vince Rodriguez, Public Works Superintendent (323) 855-2292 H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring Page 146 of 607 I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. 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 Page 147 of 607 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] Page 148 of 607 ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within thirty (30) calendar days following the Date of Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. Page 149 of 607 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 Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; Page 150 of 607 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and 6. the Contactor’s recommendations for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of the overall Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings thereon shall be final and conclusive. H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. I. When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed. J. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. C. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for Work. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director’s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a “Notice of Completion” of the Work to the Contractor. Upon the issuance of the Notice of Completion Page 151 of 607 the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of one thousand dollars ($1,000) 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] Page 152 of 607 ARTICLE 4 - CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A. Format 1. At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. 2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7) calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. B. Float 1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the scheduled completion of the milestones and/or time of completion. All other Work activities are defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for, and maintain float in accordance with Critical Path Methodology. Page 153 of 607 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 zero 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 zero 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 Page 154 of 607 clearly 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] Page 155 of 607 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 Page 156 of 607 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 Page 157 of 607 limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. 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: Page 158 of 607 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of 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 Page 159 of 607 other except for Contractor’s obligations with respect to warranties, representations, indemnity, maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. 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] Page 160 of 607 ARTICLE 6 – CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. 6.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of Page 161 of 607 said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E) herein. 6.06 PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: Page 162 of 607 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. Page 163 of 607 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 Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C. Allowable Costs The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. Page 164 of 607 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. Page 165 of 607 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 Page 166 of 607 Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed 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] Page 167 of 607 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. Page 168 of 607 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 Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. the data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Page 169 of 607 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 Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above; 2. submission of the Contractor's certification required by Paragraph 7.03-C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and Page 170 of 607 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 Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. the portion of the Work permanently installed and in place; 2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less, the aggregate of previous payments, and 4. less, any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention 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. B. Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Page 171 of 607 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. 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 Page 172 of 607 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 Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good .faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work, or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation Page 173 of 607 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); 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; Page 174 of 607 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. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s Page 175 of 607 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 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 Page 176 of 607 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 Director has issued a decision denying, in whole or in part, the Contractor’s Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; Page 177 of 607 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 C. Noncompliance Failure to submit any of the information, documentation or certifications required by Paragraph Page 178 of 607 7.10-B, above, shall result in the Claim being returned to Contractor without any decision. D. Submission of Claims 1. Director. Claims shall be first submitted to the City for decision by the Director. 2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue, to make undisputed payments as by the Contract Documents. 3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment. 4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor’s right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims, Meet and Confer 1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-five (45) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. F. Finality of Decision If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director’s response. G. Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or Page 179 of 607 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] Page 180 of 607 ARTICLE 8 - MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. Page 181 of 607 C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics of the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contract requirement. D. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. 8.05 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, Page 182 of 607 supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] Page 183 of 607 ARTICLE 9 – SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions 8. Manuals 9. As-built drawings 10. Safety plans required by Article 10 9.02 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate. 9.03 SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. Page 184 of 607 9.04 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width 11" X 8 1/2" 11" X 17" 24" X 36" 30” X 42” 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. 9.06 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director’s approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. 9.08 MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: 1. Identification on, or readable through, the front cover stating general nature of the manual. 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to Page 185 of 607 location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples, indicate the source of the sample. Page 186 of 607 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. In scheduling, allow at least 15 Working Days for the Director’s review, plus the transit time to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make Corrections Noted - Do Not Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of costs, and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five (5) copies. Page 187 of 607 E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] Page 188 of 607 ARTICLE 10 – SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor’s program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program may result in actions as provided in Article 5: “Suspension or Termination of Page 189 of 607 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 Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for Page 190 of 607 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 Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control (“WATCH”) handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5: “Suspension or Termination of Contract” of these General Conditions. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having Page 191 of 607 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 at the address below: Police Chief Anthony Miranda Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The Police Department shall be notified 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. Page 192 of 607 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] Page 193 of 607 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 Page 194 of 607 under the law or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the 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] Page 195 of 607 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] Page 196 of 607 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. Page 197 of 607 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] Page 198 of 607 ARTICLE 14 - LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. Page 199 of 607 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per Page 200 of 607 diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 Page 201 of 607 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE] Page 202 of 607 ARTICLE 15 - DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim. Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term “claims” as used herein shall be as defined in California Public Contract Code § 20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the Page 203 of 607 meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the 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] Page 204 of 607 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] Page 205 of 607 ARTICLE 17-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. B. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable Page 206 of 607 portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City’s Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City’s rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their Page 207 of 607 permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. Page 208 of 607 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. Page 209 of 607 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] Page 210 of 607 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 Page 211 of 607 Bond— except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay— in addition to the Bonded Sum— City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works City Attorney CORPORATE SEAL CORPORATE SEAL Page 212 of 607 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 Page 213 of 607 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. Page 214 of 607 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 3. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay— in addition to the Bonded Sum— City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works City Attorney CORPORATE SEAL CORPORATE SEAL Page 215 of 607 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 Page 216 of 607 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. Page 217 of 607 2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 4. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay, in addition to the Bonded Sum, City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY & AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works City Attorney CORPORATE SEAL CORPORATE SEAL Page 218 of 607 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 Page 219 of 607 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) Page 220 of 607 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 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 Page 221 of 607 officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder’s Risk Insurance NOT REQUIRED 1. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements: 1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); 2. Domiciled within, and organized under the laws of, a State of the United States; and 3. Carry an A.M. Best & Company minimum rating of “A:VII”. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. Page 222 of 607 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; (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. Page 223 of 607 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 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. Page 224 of 607 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. Page 225 of 607 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 Page 226 of 607 these sites. I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Print Name: Title: Property Owner: Page 227 of 607 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT Page 228 of 607 SPECIFIC FOR THIS PROJECT SIERRA PINE AVENUE IMPROVEMENTS GENERAL B-1.01 Scope of Work – This project consists of a 4” deep removal and replacement of the existing asphalt pavement, along with adjustment of manholes and valves to the new grade. New asphalt shall consist of a 2” – B-PG-70-10 (3/4” mix) with an additional 2” latex modified asphalt concrete overlay C2-PG-70-10 (1/2” mix). In addition, the project includes the removal and replacement of damaged sidewalk, driveways, installation of handicap access ramps, and the installation of 8” thick concrete pavement. To finalize, the streets shall be repainted according to the latest Caltrans standards as noted on the project plans. B-1.02 Contract Plans – The details and the exact limits for the asphalt and concrete work in this project are shown on the City of Vernon Contract No. CS-1093 sheet drawings, incorporated into this Agreement by this reference: Sheet No. Plan No. Description 1 - Title Sheet & Notes 2 - 3 P2775 Sierra Pine Avenue Improvements 26th Street to Bandini Blvd 4 - 5 P2760 Sierra Pine Avenue Channelization 26th Street to Bandini Blvd B-1.03 Specifications – Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2018 Edition), State of California Department of Transportation “Caltrans” Standard Plans and Standard Specifications (2018 Edition), California Manual on Uniform Traffic Control Devices (2014 Edition), and the City of Vernon Standard Plans. The Standard Specifications for Public Works Construction (2018 Edition) shall be referred to hereafter as the “Standard Specifications”. The Caltrans Standard Plans (2018 Edition shall be referred to hereafter as the “Standard Plans”. The California Manual on Traffic Control Devices (2014 Edition) shall be referred hereafter as the “CA MUTCD”. B-1.04 Length of Contract – All work in this project shall be completed within thirty (30) calendar days as specified in the Bidder's Proposal. 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: Page 229 of 607 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 Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. B-l.07 Liquidated Damages – In accordance with Section 6-9 of the Standard Specifications (2018), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2018), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,000 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 work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City Engineer prior to the start of the work. B-2.02 Construction Hours- Work shall occur between the hours of 7am to 4pm unless otherwise restricted by the type of work shown below: o Asphalt work shall occur on Monday to Friday between the hours of 7am to 5pm. o All re-striping work shall occur at night between the hours of 9pm to 4am Layout “Cat Track” shall be approved by the City before the final striping improvements are installed. o Concrete improvement work which include sidewalk, and accessible ramp improvements shall occur Monday-Friday between the hours of 8am to 4pm o Traffic signal loop installation shall occur Monday-Friday between the hours of 8am to 4pm. o Removal of the asphalt and placement of the high early strength concrete on Sierra Pine shall be on Friday between the hours of 7:00 p.m. to Sunday 5:00 p.m. Page 230 of 607 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 (2018) and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other 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 "CA 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. A business or residence that has a drive approach that is at least 40 feet wide shall be poured in halves in order to maintain continuous access unless otherwise approved by the City Engineer. c. In addition to the above, the Contractor shall be required to construct temporary ramps at excavated areas and utilize other construction methods such as temporarily backfilling areas and surfacing with temporary A.C. paving, in order to comply with the requirements of continuous access unless otherwise directed by the City Engineer. 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. The Contractor shall submit traffic channelization and detour plans to the City Engineer for approval at least (10) ten working days prior to commencement of work. b. 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. 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, and not handwritten. New signs shall be Page 231 of 607 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. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in a timely manner, the City Engineer may suspend all work until signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance 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 upon Highways. Due to the necessity of private property access, the contractor may be required to maintain a fifteen (15) foot, in width, travel lane. Detour of traffic shall be maintained within the construction zone for the duration of the construction. The Contractor shall provide access to local businesses at all times unless otherwise approved by the City Engineer. This may include providing steel plates at some driveway approaches. The Contractor shall furnish and maintain Type II and Type III barricades with flashers at the removal areas. Message boards shall be used for pre-construction warnings, lane closure/detour areas and placed 10 calendar days in advance of the closure/detour. Flashing arrow boards shall be used on Santa Fe Avenue. The traffic control shall be in accordance with the California Manual of Temporary Traffic Controls (CA MUTCD, latest edition) handbook. c. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-4.01 Extra Work – In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as 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 Page 232 of 607 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-4.03 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. B-4.04 Notification of Utilities – The provisions of Section 5 entitled "Utilities" of the 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. Page 233 of 607 B-5.01 Noise Restrictions – The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: 1. From 7:00 am to 4:00 pm, Monday through Friday 2. From 7:00 am to 5:00 pm on Saturday and Sunday In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-6.01 Construction Order of Work – Work shall be scheduled so as to lessen the impact upon businesses. Requirements – General: 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-7.01 Character of Workers – If any subcontractor or person employed by the Contractor shall appear to the City’s Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he/she shall be immediately discharged from the project on the request of the City’s 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-8.01 Examination of the Site – The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed Page 234 of 607 work. B-8.02 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-8.03 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 or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.04 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 $1,000. 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-8.05 Cleaning of Site During Construction – During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times. B-8.06 Sanitary Facilities – The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.07 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-9.01 Best Management Practices (BMP’s) – The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (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 Page 235 of 607 activity until the BMP submittal has been reviewed and approved. B-10.01 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. B-11.01 Material Submittals – The Contractor shall provide all required submittals including, but not limited to the following: Shop drawings, materials and mix designs to the City upon reward of the contract for review and approval before the construction, and truncated domes. The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. B-12.01 Unclassified Excavation – This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing concrete sidewalk, concrete ADA ramps, curb and gutter, and/or adjacent one foot wide strip asphalt pavement along proposed concrete ADA ramp improvements, and removal and disposal of asphalt pavement for the proposed concrete approach, including aggregate base, soil etc., as shown on the project plans. The cost for unclassified excavation shall be included in the unclassified excavation bid item unit price and no additional compensation to the Contractor shall be made therefor. Cost for unclassified fill if any, re-grading and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefor. B-12.02 Saw-cutting – A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and/or drive apron to be removed. All work shall conform to applicable provisions of the Standard Specifications. Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the unit bid prices of the various related items as specified in the Bidder's Proposal and no Page 236 of 607 additional compensation for this work shall be made therefor. Saw-cutting will be required along score lines of all individual concrete areas to be removed unless otherwise directed by the City’s Engineer. A minimum 8" saw-cutting depth will be required along the joint line for curb and gutter. The residue resulting from the saw-cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation. See Section I-2.04.1 of these Specifications for NPDES requirements. B-13.01 Cold Planing – This section shall conform to Subsection 302-1 Cold Milling of Existing Pavement of the Standard Specifications. Cold planed (cold milled) asphalt will be disposed of in accordance Subsection 302-1.8 of the Standard Specification. The cost to dispose of the cold planed asphalt concrete shall be included in the uniform cold plane bid item and no additional compensation for the work shall be made therefor. B-14.01 Benchmark Replacement – If benchmarks and/or centerline ties are displaced or damaged during construction, the Contractor shall replace them per City of Vernon Standards at no cost to the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or centerline ties. B-15.01 Maintaining Existing Traffic Signal System – In accordance with Section 701-4 and 701- 5.4 of the Standard Specifications, the existing traffic signals shall be in operation at all times. B-16.01 Concrete Improvement – General – The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps and sidewalks according to the City of Vernon Plans. All concrete work shall be formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The cost for construction of the depressed concrete gutter for curb ramps, soil backfill, and re-compaction shall be included in the ADA curb ramp bid item and no extra compensation will be paid to the Contractor. B-16.02 Concrete Sidewalk – The 3.5” thick concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Saw-cut, remove, and dispose existing concrete, asphalt concrete, and/or soil to nearest score line or as painted by the City’s Engineer. Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. The cost for the removal and replacement of the concrete sidewalk shall be included in the sidewalk bid item unit price and no additional compensation to the Contractor shall be made therefor. B-16.03 Concrete Curb Ramp (Handicap Access) – The concrete curb (accessible) ramp including truncated dome and depressed gutter shall be constructed according to the Revised Caltrans Standard Plan RSP A88A. The ramp shall be poured monolithically with depressed gutter which Page 237 of 607 has 0” (zero inch) lip. Unless otherwise indicated on plans, remove a 1’ wide by 12” deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub- grade and repave with 4” thick asphalt concrete pavement to 2” below edge of gutter to allow for 2” asphalt concrete pavement overlay to be flush with edge of gutter. The location of the ramps to be re-constructed are shown on the contract plans and on Attachment A and Attachment B of the Contract Specifications. The proposed curb (handicap access) ramps shown on plans are diagrammatical. Case A, Case B, or Case G are preferred when field conditions allow it. Other cases shall be installed if directed by the City’s engineer. The City shall mark the limit of work in the field for each street corner involved, and the Contractor shall field measure (verify) the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, disposal and relocation of the existing sidewalk curb drains, utility, traffic/street related poles and boxes. The cost of the truncated dome, depressed gutter and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no additional compensation to the Contractor shall be made therefor. B-16.04 Truncated Domes – Curb ramp and walkway detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable warning surface shall be prefabricated cast-in-place on the curb ramp or walkway. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538. The finished surfaces of the detectable warning surface shall be free from blemishes. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no additional compensation to the Contractor shall be made therefor. The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. B-16.05 Concrete Joints and Keyways – Longitudinal joints shall coincide with traffic lanes unless otherwise approved by the City Engineer. Construction of keyways and tie bars shall be per the Standard Plans for Public Works Construction (SPPWC) Standard Plan No. 134-2 and placed at every cold joint in the concrete slab/pavement or as directed by the City Engineer. B-17.01 Contractor Responsibility – 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, 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 Page 238 of 607 control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. B-18.01 Weather Limitations – Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end. B-19.01 Full Depth Asphalt Removal – Shall be in accordance with Section 300-1 of the Standard Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any subgrade materials to the asphalt millings. B-20.01 Subgrade and Surface Preparation – Prior to placing new pavement the subgrade soils/base shall be properly prepared, moisture treated and compacted to a minimum of 95 percent relative compaction based upon ASTM D 1557 so as to create an evenly graded, unyielding surface. If the new pavement is to be placed on an existing milled pavement surface it shall be verified that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the milled surface that might compromise the integrity of the new pavement. When new pavement is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, swales, planters, etc… these contact surfaces shall be swept of all loose material to create a dry clean surface. A tack coat of SS- 1h emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing the new pavement. New pavement is not recommended as a direct overlay on existing asphalt pavement without first milling the underlying pavement to aid in bonding and to prevent slippage. B-21.01 New Asphalt Concrete Paving – Material – Asphalt concrete base paving material for this project shall be Class B-PG-70-10 per the Standard Specifications for Public Works Construction. The final 2” cap/overlay shall be Class C2 PG 70-10 with 2% Latex Additive and per the specifications below. The asphalt concrete material shall include the following: (1) Fractured faces of crushed rock shall conform to Standard Specifications 200-1.2. (2) Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix. (3) Minimum air void shall be 4% per Standard Specifications 203-6.4.3. The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. The Contractor shall establish designated asphalt truck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. The City shall approve this plan five (5) days prior to paving. The Contractor shall place diesel fuel on top of all manholes, valves and monument covers immediately before the final asphalt pavement overlay. Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform Page 239 of 607 surface. Compacted edge along gutter shall be flush. No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around. Paving operations at the end of each day or night shall leave no joints parallel to the direction of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. Existing potholed asphalt concrete pavement and base thicknesses are shown on plans. B-21.02 Latex Rubber Additive – This work shall consist of adding a 2% latex rubber additive to the asphalt concrete mix for the final 2" thick surface overlay shall be Class C2-PG 70-10 in accordance with the following provisions and the Standard Specifications for Public Works Construction, Section 203- 10 “Latex Modified Asphalt Concrete”: A. Latex rubber shall be water based emulsified suspension of Styrene/Butadiene Rubber in liquid form. B. Latex rubber, amounting to 2% by weight of the asphalt cement, shall be added at the pug mill with the asphalt cement during the mixing cycle. C. The Contractor shall submit the mix design to the City Engineer for approval prior to use. D. Latex rubber may be added to the mixture in any method that will assure uniform distribution, accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt. E. The wet mixing cycle shall be 50 seconds. Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement with Latex and no extra compensation will be paid to the Contractor. B-21.03 Tack Coat Application – A tack coat of SS-1h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS-1h must be included in the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration as needed. Page 240 of 607 B-21.04 Field Testing – The crushed miscellaneous base material shall be compacted to a relative compaction of 95%. All trenches and sub-grade below six inches (6") shall be compacted to a relative compaction of 90%. The asphalt concrete pavement compaction after rolling shall also be 95%. The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt- testing device. The Contractor shall notify the City 48 hours in advance when to schedule field relative compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor’s expense. B-22.01 Adjust Manhole Frame and Cover and Utility Valves – The Contractor, as part of the paving operations, shall adjust to finish grade all the utility (gas, water etc.) manholes, valves and survey monuments as necessary at no cost to the City. The City will furnish new extension sleeves when necessary and the Contractor shall install as directed by the City. The Contractor shall free all the valve covers 300 feet ahead of the paving machine. Immediately after rolling, the valve covers must be raised or lowered to new grade to insure proper access. Existing valves must be exposed and accessible at all times. The valve covers that are unable to be freed and raised during paving operations shall be marked on the new pavement or tied to the existing sidewalk and the Contractor shall raise or adjust the valve covers to the new finished grade within a week with no cost to the City. B-22.02 Replacement of Manhole Frame and Cover – The contractor must provide a cut sheet of the manhole frame and cover to the City for approval prior to the purchase of these materials. The manhole frame and cover name must match with the utility. Additionally, the manhole frame and cover must meet all the specifications of the SPPWC Standard Plan No. 630-4. The cost for the materials and disposal of the manhole frame and cover must be included in the manhole frame and cover bid item. B-23.01 Traffic Detector Loops – The traffic detector loops shall be 6’ diameter, 4” deep, round, Type “E”, according to the Caltrans Standard Plan ES-5B and shall be installed per the Los Angeles County Bicycle/Vehicle Loop Detector Installation Standard Plan. Loops and “home runs” shall be cut 4 inches deep with the stub out cut to match. Home run loops shall be spliced in series and twisted at a rate of 3 turns per foot. Cut out, deburr, and place new 4 inches deep threaded ring for stub out. The cost of furnishing and installation of new traffic detector loops and “home runs” complete in place and in working order must be included in the loop bid item. B-24.01 Striping Improvements – Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the Standard Specifications and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Caltrans Specifications. The Contractor shall layout (cat track) all Page 241 of 607 striping within one week after the placement of the final paved surface. Once approved by the City, the striping of all the streets shall be installed with Thin-mil thermoplastic traffic stripes and pavement markings. The Contractor shall furnish the necessary control points for all existing striping and legend marking prior to removing them. Traffic striping shall be placed upon the finished asphalt concrete or PCC pavement surface according to the plans. Crosswalk markings at adjacent approaches to the improvements shall be restriped as noted on traffic striping plans. The Contractor shall be responsible for the completeness and accuracy of the layout and re-striping to the satisfaction of the City. A blue retro reflective raised pavement marker per Caltrans Traffic Manual Section 6-03.4, Figure 6-44 shall be placed on new asphalt pavement at all fire hydrant locations. The contractor shall place temporary striping tabs before the street is opened up to traffic. The Contractor shall also install pavement markers according to the striping plans. Prior to the installation of the traffic signal loops, the contractor shall layout the proposed crosswalks. The cost of preparing layout and furnishing control points must be included in the respective lump sum bid item, and no extra compensation will be paid to the Contractor. B-25.01 Paint Materials – Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION “GREENBOOK” (2018 Edition and supplements) and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Cal Trans State Specifications. Thin-mil thermoplastic traffic stripes and pavement markings, and thermoplastic crosswalks and limit lines shall conform to the provisions in Sections 84-1, “General,” and 84-2, “Thermoplastic Traffic Stripes and Pavement Markings,” of the CSS and these special provisions. Specifications for glass beads shall be “8010-004 (Type II).” Glass beads shall be premixed within the thermoplastic material prior to application and also applied to the thermoplastic striping material immediately following the application of the striping. Thin-mil thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02SPRAY, for Thermoplastic Traffic Striping Material, Sprayable, White and Yellow. The binder material shall be Alkyd. Copies of the Caltrans Specification No. PTH-02SPRAY are available at the Caltrans Transportation Laboratory, Sacramento, California. Thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02ALKYD. Thin-mil thermoplastic material for traffic stripes shall be applied by spray method in single uniform layer at the minimum thickness of 30 mils and not to exceed 45 mils. Thin-mil thermoplastic material shall be applied to the pavement at a temperature between 350º F. and 400º F., unless the manufacturer recommends a different temperature. The Contractor shall adjust the thermoplastic application rate as necessary to achieve the thermoplastic application rate stated above prior to striping. Thermoplastic application rate tests (up to and including 5 thermoplastic application rate tests per day, including the thermoplastic application rate test at the start of each workday) may be conducted at random times and locations Page 242 of 607 throughout each workday at the discretion of the Engineer. Beads Materials: 1. Beads shall be colorless and free from milkiness. 2. No. 2 beads shall be used. 3. Beads shall be kept in a dry storage to prevent moisture absorption. 4. Beads shall be applied uniformly at the rate of five (5) pounds to seven (7) pounds of beads per gallon of paint. 5. Beads shall be uniformly heated to not less than eighty (80) degrees Fahrenheit when applied. The cost of all paints, beads, other material and equipment required to complete the job must be included in the respective lump sum bid item, and no extra compensation will be paid to the contractor. B-25.02 Testing – The paint application rate shall be determined by passing the striper over a metal plate while the paint application system is operating. The flow of glass beads shall be stopped while passing over the metal plate. The Engineer or representative shall measure thickness of the applied thermoplastic immediately after application of thermoplastic on the metal plate. Striping shall not continue if the proper thickness of thermoplastic is not being applied. Adjustments and corrective measures shall be applied to insure that the correct thickness of thermoplastic will be applied. Testing of the thermoplastic application rate, as described above, will be required following any adjustment to the thermoplastic application rate, thermoplastic applicator nozzles, or any other thermoplastic application equipment prior to commencement or re-commencement of striping. The initial testing and re-testing of thermoplastic application rates at any location shall be considered as a single thermoplastic application rate test. B-25.03 Temporary Striping - The Contractor shall install temporary traffic striping tabs on the same day(s) of the cold planning and overlay before the lanes are opened to traffic. The cost of all the temporary striping and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to the contractor. All temporary striping shall be removed prior to the final striping. Page 243 of 607 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. Page 244 of 607 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. Page 245 of 607 EXHIBIT E CITY STANDARD PLANS SPECIFIC FOR THIS PROJECT Page 246 of 607 PV 582 STANDARD SIDEWALK, CURB, AND GUTTER REVISIONS Page 247 of 607 Page 248 of 607 Page 249 of 607 NOTICE INVITING BIDS for Sierra Pine Avenue Improvements in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., on May 2, 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 2:00 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, Plans and Specifications are available at no charge at: www.cityofvernon.org/planetbids It is the responsibility of all perspective 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 bids website. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for April 23, 2019 at 2:00 PM in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is not mandatory. City of Vernon Contact Person: Public Works Department Attention: Yesenia Ramirez, Sr. Administrative Assistant Phone: (323) 583-8811 x259 Email: yramirez@ci.vernon.ca.us Page 250 of 607 Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: This project consists of a 4” deep removal and replacement of the existing asphalt pavement, along with adjustment of manholes and valves to the new grade. New asphalt shall consist of a 2” – B-PG-70-10 (3/4” mix) with an additional 2” latex modified asphalt concrete overlay C2- PG-70-10 (1/2” mix). In addition, the project includes the removal and replacement of damaged sidewalk, driveways, and installation of handicap access ramps. To finalize, the streets shall be repainted according to the latest Caltrans standards as noted on the project plans. The work shall be done in accordance with the Contract Specifications No. CS-1093. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Contract Time: This Work must be completed within 30 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. Amount of Liquidated Damages: $1,000 per calendar day 3. Required Construction Staging: Section intentionally omitted. 4. Intermediate Completion Milestones: Section intentionally omitted. 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $250,000 to $270,000. 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item 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. Page 251 of 607 9. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California State License Board. In addition, if Bidder intends to self-perform striping work, Bidder must possess the following licenses: C-32 Parking and Highway Improvement - as applicable to such self-performed Work. 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. 10. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 11. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. The City has applied and paid for the following Governmental Approvals and Utility Fees. 12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Public Works Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of 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. 13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. Page 252 of 607 15. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 17. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: 3/28/2019 (Approved as to form by City Attorney) Published: 4/17/2019 Page 253 of 607 City of Vernon Instructions for Bidders Project: Sierra Pine Avenue Improvements for the Department of Public Works City personnel with whom prospective bidders will deal with are: Yesenia Ramirez, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 259. Bid opening date and time: May 2, 2019 at 2:00PM (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Page 254 of 607 Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS – SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. Page 255 of 607 E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for Page 256 of 607 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.” 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original Page 257 of 607 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 have striping 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 striping Work must satisfy the mandatory qualifications described in the Specialty Contractor or Subcontractor Statement of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications and the Specialty Contractor or Subcontractor Statement 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. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to Page 258 of 607 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. D. Work of Subcontractors. The organization or arrangement of the Specifications Page 259 of 607 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. Page 260 of 607 B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other 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. 15. SUBSTITUTIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fifteen (15) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions. Authorization of a substitution is solely within the discretion of the City. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder Page 261 of 607 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 City Clerk, 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 award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non- responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years 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 striping 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 general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Page 262 of 607 Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. The City will award the Contract based on the lowest total of the bid prices on the base bid and those additive or deductive items that when taken in order from a specifically identified list of those items in the Bid Form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened. B. City 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 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 Page 263 of 607 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 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 Page 264 of 607 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. 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 Page 265 of 607 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 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: Page 266 of 607 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 267 of 607 BIDDING FORMS Page 26 of 176 Page 268 of 607 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: Sierra Pine Avenue Improvements, Contract No. CS-1093 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: 1. Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Security in the following form (check one): q Cashier's Check ❑Certified Check Bid Bond ❑Cash 5. Bidder's Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Specialty Contractor Statement of Qualifications 9. Contractor Safety Questionnaire 10. Designation of Subcontractors 11. Contractor's Affidavit of Noncollusion 12. Insurance Requirements Affidavit 13. Statement of Disqualification or Debarment. 14. Pre-Bid Site Inspection Certification. B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space below. 1 If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected. C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully Page 27 of 176 Page 269 of 607 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 and/or any unusual site conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work, time of completion or the costs thereof. Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract. Page 28 of 176 Page 270 of 607 PRE-BID SITE INSPECTION —CERTIFICATION: Persons) who inspected site of the proposed Work for your firm: Name: Mike Amundson Date of Inspection Head Estimator Title: Name: Date of Inspection Title: 4/26/19 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 his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. 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. The Bidder declares that neither he/she nor any member ofhis/her firm or corporation is an officer or employee of the City of Vernon. hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this Est day of May at Lake Forest California City State Page 2 9 of 17 6 Page 271 of 607 Bidder's Proposal Respectfully Submitted NAME OF BIDDER COMPANY Hardy &Harper, Inc. NAME: ADDRESS: 32 Rancho Circle. Lake Forest, CA 92630 Steve Kirschner -Vice President CONTACT PERSON: 714-444-1851 714-444-2801 TELEPHONE NUMBER: FAX NUMBER: ablanchard@hardyandharper.com E-MAIL: CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 2~5g52 EXPIRATION DATE; 12~3~i~9 TAX IDENTIFICATION NO.; 95-225022 SURETY COMPANY: Fidelity &Deposit Company of Maryland 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. Page 30 of 176 Page 272 of 607 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; By: Title: Printed name of person signing Signature List all d/b/a's: Partnership: ❑General Partner ❑Limited Partner By: Title: Printed name of person signing Signature Corporation: gy; Steve Kirschner Corporate Officer Title; Vice President Printed na e of person signing 1~ Signature q Joint Venture: ❑Corporation ❑Partnership q Individual ❑Other By: Title: Printed name of person signing Signature Name of all Joint Venturers: Corporate Seal tiy,.;>y~~.~~~ ;~ >~ lA ;+ i~ I ~'i r} 1~ ~ '' ~'' ~, ,~ .~ f --~~ [If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and hislher corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.) Page 31 of 176 Page 273 of 607 SCHEDULE OF BID PRICES PROJECT: Sierra Pine Avenue Improvements, Contract No. CS-1093 BIDDERS NAME: Hardy &Harper, Inc. 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: ~~ ~ ~ P ~ s~ ~, L~ ~~,~~ r.. Dollars ($ 2_ ~ 1 , ~~ 1 ~~v~ ~~~~'~`C~~ ~'C~ ~~vL'~.~~ Item No. Description Units Quantity Unit Cost Amount 1. Unclassified Excavation (removal 126 CY and disposal of concrete sidewalk, l d ~' ~ ° ~ Z-► lv d o concrete ramps, and asphalt pavement for the construction of the concrete approach) as noted on the s ecial rovisions. 2. Uniform cold lane and dis ose of n. 49,300 SF '~ b 3 r S ~~ D v I 4-inch thick asp halt aveme 3. Construct new 2-inch thick section of 617 TON ~.I%~ B-PG-70-10 (3/4" mix) AC Pavement `L~~~ C ; 3, Construct new 2-inch thick section of 617 TON C2-PG-70-10 (1/2" mix) Latex ~ ~-' ~ ~2~ S~ ` ~ ! Modified AC Pavement 4, Construct 8-inch thick High Early 2,065 SF ~ ~ • ti ° D p 3~ <, DStrength Concrete Pavement with < wire mesh and rebar dowels on 8- inch thick crushed miscellaneous base. Unclassified excavation to be aid b Bid Item No. 1 5, Remove and Construct Accessibility 2 EA -~ t ~ ~ p l ~ l ~~ p Ramp per Caltrans Standard Plan No. RSP A88A. Unclassified excavation to be paid by Bit Item No. 1 6, Remove and construct 3.5-inch thick 300 SF p p Zb' ~.Q t d O 0 concrete sidewalk per City Standard Plan No. PV582. Unclassified excavation to be paid by Bid Item No. 1 7, Furnish and Install 6 feet diameter, 4 EA ~~~ ~o -ZI ~ ~ O Do bic clelvehicle loo detector per Page 32 of 176 Page 274 of 607 State of California Department of Transportation Standard ES-5B, T pe E. $, Striping, Legends, Markings, 1 LS ~ 3~ 3 Z n 13~ 32d Reflectors as noted on the channelization lans. g, Remove and replace Manhole Frame and Cover per SPPWC Std. 1 EA Z( d~ ~ ~(0 d ~ Plan No. 630-4 BID TOTAL ~ 2 ~-~ ~~ s~ ~ ~ WRITTEN AMOUNT ~~ ~v v ~~~:~,L~c~Y e: ct ~c;~~ra ~ sc~ ~ ~-v~ ~~„o~,~~;~,,~ All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for fhe item total, then the item tofal 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 exclu~.i~ the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of ,: ~ ~,d~ninistration Ur?u c~~ordination of Governmental Approvals and Utility Fees. ~L;~:spectfuiiy si~E ;r,ittF~: ;~, ,,;, ~ >,~ 32 Rancho Circle. Lake Forest, CA 92630 Si~~nature Steve 'r<;r<,c~rier -Vice President Title 215952 License Number Address 05/01/19 Date 12/31/19 Date of Expiration (SEAL - if Bid is by a corporati n Attest . , ,~>>' ;,,~:,' ~ Kris. ~. Paulino - Cor orate Secretary ~. Ilmount aF Ceri;~~e~ ~r Cashier's Check or Bid Bond ~o°io of Bid Amount `. ~.`f~~ame o~ B~nc~in~"Coi~ripany Commercial Surety Bond Agency Page 33 of 176 Page 275 of 607 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: Fred T. Maas, Jr. Steve Kirschner Kristen S. Paulino Dan T. Maas TITLE: President /Treasurer Vice President Corporate Secretary CEO The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of Hardy Harper, 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. 1st IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of May 20 19 Kristen S. Paulino -Corporate Secretary f Se retary's Names-P -'n d ~ ;,,,,;~>: ~ - ~~ i:~;,,,, ~;':~, . % i ~ , ;r~ ~; ,-,,~ ~ ~ ~ ecretary's Signa ure =~,! ~~; ~ -z ~.~; . ~~ ~_' -~ ~ ~~~ 1 ~ , Bond No.: _. y,,'' `'>~J Premium Amount: $ 5d~ b~~, bu3~ j%' ~,;~' Bond s Effective Date: d b ~~...____. ,~ ~~>> .. ~, ~'! Page 34 of 176 Page 276 of 607 Bond No. CSBA-10650 BID BOND RECITALS: 1. The City of Vernon, California ~`~City'), has issued a Notice Inviting Bids for the Work described as follows: Specifiication No.CS-1093: Sierra Pine Avenue Improvements in Vernon, CA. ("Project"~. 2. In response fo the Notice Inviting Bids, Hardy &Harper, Inc. (Name, address, and telephone of Contractor} 32 Rancho Circle, Lake Forest, CA 92630, (714) 444-1851 {"Principal"}, has submitted the accompanying Bid for the Project. 3. Principal is required under the #erms of the Specification—and all Bidding Documents referenced in +#—ta 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. nRi ~r;aTinN~ THEREFORE, far value received, We, Principal and Fidelity and Deposit Company of Maryland (Name, address,-and telephone of Surety} 777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017, (213) 270-0600 ("Surety''}, a duly admitted surety insurer under California's laws, agree as follows: By this Bond, We join#!y and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Ten Percent of Amount Bid Roilars {~ 10% } ~"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: Commercial Surety Bond Agency, 1411 N. Batavia St., Suite 201, Orange, CA 92867 (Name, address, and telephone} (714) 516-1232 Registered Agent's California Department of Insurance License No. 0680930 THE CONDITION OF THIS B~NQ'S OBLIGATION IS THAT, if: (1) Prinapal does riot (a} withdraw its Bid far tie 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 requirernenis of California Public Contract Code X5101 of seq., or any successor legislation, are not met; or (2} City awards Principal the Contract in response to Principal's Bid, and witfitin 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 (ay 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 Pro}ect, and (c) furnishes the required insurance, then this obligation becomes null and void. Otherwise, this Bond remains in foil force and effect, and the following terms and conditions apply to this Band: 1. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon Ciiy'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 and 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 Sond becomes void or unenforceable for any reason. Page 35 of 176 Page 277 of 607 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 representatives) under the authanty of its governing body. Date: Mav 1st. 2019 PRINCIPAL: Hardy &Harper, Inc. ( ~pany Name} ~;Signaiure) By: s~~v~ ~` r-~h n-~-r (Name} Its; V ~ L~ r~~~l~ {Title) Address for Serving Notices or Cther Documents SURETY: Fidelity and Deposit Comganv of Maryland (Company Name) ~~-~~ (Signature) By: Dwight Reilly (Name) Its: Attorney-in-Fact (7itle) Address for Serving Notices or Other Documents: 32 Rancho Circle 777 South Figueroa Street, Suite 3900 Laka~,~K~~,,~A 92630 Los Angeles. CA 90017 ~0~,~~GkATE SEAL CORPORATE SEAL EVIDENCE MUST BE ATTACHED OF THE AUTNORl TY OF ANY PERSON SIGNJNG AS A TTORNEY IN-FACT. n THE A TTORNEY IN-FACTS SIGMA TURF MUS T 6E NOTARIZED. A CORPORATE SEAL MUST BE 1MPRFSSED ON THIS FORM WHEN THE PRJNClPAL, OR TNF SiJRETY, OR 80TH, ARE A CORPORA770N. Page 36 of 176 Page 278 of 607 80ND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA } } ss. COUNTY OF y On this day of , 20 , before me, (name}, a Notary Public for said County, persflnally 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 helshe subscribed the name of thereto as principal, and hislhe own name as attorney in fact. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL Page 37 of 170 Page 279 of 607 ACKNOWLEDGMENT 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 Orange ) On May 1, 2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) 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 m hand and official seal. .,°""`TNf MELISSA Ah~~ \1~CCARO y =~' ~J~ ~~ ~ ; COMM. #2241394 M _ : ~ ;Notary Publlc-Callfomia ~~" OI~~NC~E C(5UN7Y `~ °,~,.o~~~* My C~~:un, Esx~ilr~b i~1~y 12, 2022 Signature `~~ C-~-f%~ (Seal) Melissa Ann Vaccaro Page 280 of 607 Bond No. CSBA-10650 ZURICH AMERICAN INSURANCE COMPAi~tY COLO~tIAL Ai1~fERIC~~1 CASUALTY AND SURETY COMPAi~1Y FIDELITY A~1D DEPOSIT COMPANY OF vIARYLAi~iD POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLOMAL AMERICAi~1 CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM and Frank MORONES, all of Orange, California, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLOTiIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AtiIERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMP~~TY, and FIDELITY Ai~1D DEPOSIT COMPANY OF v1ARYLA~ID, this 6th day of February, A.D. 2019. ~9 ot~o fr. ti 4~~ O S# ~ ~~ ~ r ~ ~ ~i ~ ~ctm ATTEST: ZURICH AMERICAi~1 INSURANCE COMPAiYY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF NIARYLA~ID By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of li ~laryland County of Baltimore On this 6th day of February, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally Irnown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .~ ~:•~ •:fy ~, ~•• t~:~i ~~ . ~ =. ~ ,,. : ` 1 ;~~ f~, Ott ~.:~',~~. ~i~f~~~h):t+~ t~~~ t ►~11111~ Constance A. Dunn, Notar,~ Public My Commission Expires: July 9, 2019 Page 281 of 607 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1st day of May 2019 ~Q D[~Of~ Mw ,o. • ~~M ~ ~ ~~ ~ r~~ ~ ~ w ~ ~~ = 1~ `s~ v~.~ ,~ Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(a,zurichna.com 800-626-4577 Page 282 of 607 C ,c~R.caC.saC.c~...a .s~R.c~...c~..ca..ca~_c~..c~..c~R.c~ .~. _c~.Q.c~..c~a.c~..c~. _ca _c~..c~..c~:.c~ .~Q.s~ .~ .c~.C.c~..~a.c~.t.c~ .sa..ca .~..w .ca~.c~..~...c~, .~..n .~.~.c~..c~. 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 Orange ) On Ma~~?_019 before me, Ashlie Blanchard. Notary Public , Date Here Insert Name and Title of the Officer personally appeared of Si who proved to me on the basis of satisfactory evidence to be the person( whose name(~j is/aye subscribed to the within instrument and acknowledged to me that he/stye/tf~ey executed the same in his/I~oer/their authorized capacity(iQfi), and that by his/her/their signature(Kj on the instrument the person(, or the entity upon behalf of which the person(g) 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. .••'.`~`.`.'~ ASHLIE BLANCHARD COMM. #2279550 e~ ; Notary Public-California ~ " ORANGE COUNTY LL `~~~•o~~~' My Comm. Fxplres March 3, 2023 WITNESS my hand and official seal. ~~I'~Z,Q,GU1 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: May 1.2019 Number of Pages: 3 Signers) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signers) Signer's Name: Steve Kirschner D Corporate Officer — Title(s): )/ir:P PrPsiriPnt q Partner — ❑Limited ❑General O Individual ❑Attorney in Fact D Trustee O Guardian or Conservator O Other: Signer Is Representing: Hardy &Harper, Inc. Signer's Name: O Corporate Officer — Title(s): O Partner — D Limited ❑General D Individual O Attorney in Fact O Trustee O Guardian or Conservator D Other: Signer Is Representing: •e~<-y •y6•rr ~✓6•✓6'er ~y~•✓~•e~ •ar •a' •a+6•ri •y •y`•e~ •✓4'ar -a~ ~ar ~✓ 'd -✓ ~e~ •y6•✓ •a~6•er6•rr ~ars•r~ •d.•✓ •rr •er~-r~ •d~•cy6•✓ti6'a~ •~ •ar •rte -d •r Page 283 of 607 BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 73 1.1 How many years has your organization been in business as a Contractor? 1.2 How many years has your organization been in business under its present name? 73 1.2.1 Under what other names has your organization operated? 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation/organization: o3i~3i63 1.3.2 State of incorporation/organization: cai~forn~a 1.3.3 Corporate ID number: 4430~~0 1.3.4 Name of President: F~ea T. Maas, ~~. 1,3.5 Agent for Service of Process: ste~e K~~S~r,ne~ 1.4 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): ~~~ N~~ 1.4.3 Names) of general partner(s): 1.4.4 List all states in which you are registered and state ID numbers for each; ~1 l ~ 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization; ~v ~~ 1.5.2 Name of owner. 1.6 If the form of your organization is other than those listed above, describe it and name the principals: --~~ Page 38 of 116 Page 284 of 607 2. LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable, California 215952; A, C-8 & C12 2.2 List jurisdictions in which your organization's partnership or trade name is filed, N/A 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five~~rears. 3. EXPERIENCE 3.1 List the categories of Work that y~ organization normally performs with its own personnel. (~ vi n 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 striping 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: Page 39 of 176 Page 285 of 607 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? q YES Cl NO 4.1.2 A vehicle collision or accident involving your firm's employees? q YES ~i NO 4.1.3 Damage to real property arising out of your services or operations? q YES Ly'NO 4.1.4 Employment-related litigation brought by an employee of your firm? q YES ~f'NO 4.1.5 Payment to a subcontractor or supplier? q YES C'NO 4.1.6 Defective, deficient, or substandard work? q YES Ly'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 NO If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? q YES ~J NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, Page 40 of 176 Page 286 of 607 disciplined, or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws rules, or regulations? q YES NO If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.) q YES ~f" 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 s~mitting a false claim? q YES L~ 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 l~ 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 mi representation? q YES NO If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Page 41 of 176 Page 287 of 607 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain. q YES L~'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 is "Yes", please provide the details of such complaint. q YES NO 5. FIRM'S OPERATIONAL STATUS 5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? q YES '~f'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 LINO If YES, list the filing date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 5.3. Is your firm in the process of, or in negotiations toward. (a) consolidating, merging, selling, or closing its business, or (b) laying off employees r reducing staff? q YES NO If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE 6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? q YES NO Page 42 of 176 Page 288 of 607 If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary. 6.2, Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a "non-responsible" bidder or proposer? q YES NO If YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a "non-responsible" bidder, Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a contract or an agreement with a government entity or a clie q YES NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? q YES L~J'iV0 If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fulfill or perform —either partially or completely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? 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 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. Page 43 of 176 Page 289 of 607 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? 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. 6.8. Has a government entity or a client ever terminated, suspended, ornon-renewed your firm's contract or agreement before its completion? q YES M"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 Cf NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? q YES NO If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1, In the past ten years, has an insurance company or a surety company. 7.1.1. Refused to insure your firm for liability coverage? q YES LINO 7.1.2. Canceled ornon-renewed your firm's insurance coverage? q YES NO 7.1.3. Refused to issue your firm a bond? q YES l~'NO Page 44 of 176 Page 290 of 607 7.1.4. Canceled or revoked a bond obtained by your firm q YES NO 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 is on your firm's behalf? q YES NO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method, nature, and amount of the resolution. Attach addition sheets as necessary. 8. SURETY 8.1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: Fidelity &Deposit Company of Maryland 8.2 Name and address of agent: Commercial Surety Bond Agency - 1411 N. Batavia St. Orange, CA - 714-516-1232 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. y~, ~~~.) hereby certify under penalty of perjury under the laws of the state of California that the representat;~n m~c~e 4~erE~ri ~ l T~. are true and correct. :~ ;,, _ :~ ~~~ ... , . ~, . Signature of Bidder ___ __ ,>>' Steve Kirschner - Vica President -~~'~'' . Page 4 5 of 17 6 Page 291 of 607 BIDDER'S EXPERIENCE FORM PROJECT NAME: Sierra Pine Avenue Improvements Hardy &Harper, Inc. COMPANY NAME: SPECIFICATION N0. CS-1093 ***Please use additional sheets if necessary List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START DATE END DATE $AMOUNT AGENCY ADDRESS CONTACT NAME NUMBER Please see attach references. All of the above statements as to experience are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed ~,~ t~~ yid^~r. 1 hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. Signattirc ci bidder ___ State o. Calit'ornia iontract~r's L~;,ense No. 215952 Print name; Steve Kirschner -Vice President Contractor's License expiration date Page 47 of 176 Page 292 of 607 Owner/Agency Contact Info Project Title, Amount &Completion Date City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street 714-536-5431 From Slater Ave to Warner Ave Huntington Beach, CA 92648 jfuentes@surfcity-hb.or~ $644,000.00 9/2016 City of Cathedral City Bill Simmons Date Palm Dr &Cathedral Canyon 68-700 Avenida Lalo Guerrero 760-770-0340 Pavement Rehabilitation Cathedral City, CA 92234 bsimmons@cathedralcitv.~ov $939,000.00 11/2016 City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Federick Street 951-413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henryn@moval.o~ $383,000 12/2016 City of Chino Hills Fe Rama FY 2016-2017 Street Improvement 14000 City Center Drive 909-364-2600 Project Chino Hills, CA 91709 frama@chinohills.or~ $1,039,000.00 12/2016 County of San Bernardino Melinda Barnes Slover Ave Phase II 825 East 3rd Street 909-387-7920 San Bernardino, CA 92415 mebarnes@dpw.sbcounty.~ov $2,405,020.32 1/2017 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive 949-644-3340 Rehabilitation Newport Beach, CA 92660 ftran@newportbeachca.~ov $2,142,045.66 3/2017 County of Los Angeles Jose Pou 124th Street Et. AI 900 S Fremont Ave 626-458-2191 RDC0013372 Alhambra, CA 91803 jpou@dpw.lacounty,~ov $4,304,600.00 12/2014 City of Palos Verdes Estates Jack Rydell FY 14/15 Street Resurfacing 340 Palso Verdes Dr. West 310-378-0383 Project 14-07 Palos Verdes Estates, CA 90274 jackrydell@caaprofessionals.com $1,187,987.00 12/2014 City of Tustin Eddy Jan 2013-14 Roadway Rehabilitation 300 Centennial Way 714-573-3157 &Sidewalk Repair project Tustin, CA 92780 ejan@andpen.com $1,491,543.00 12/2014 City of Pasadena Richard Yee Preventitive Maintenance Street 100 N. Garfield Ave 626-744-4643 Fed ID N0. STPL-5064(081) Pasadena, CA 92570 Richardyee@citvofpasadena.net $1,518,231.24 8/2015 City of Cypress Nick Mangkalakiri 2008/09 Overlay Project 5275 Orange Ave 714-229-6729 Cypress, CA 90630 nman~kalakiri@cypressca.or~' $1,366,000.00 6/2009 City of Huntington Beach Eric Charlonne Rehabilitation of Center 2000 Main Street 714-536-5430 Magnolia &Springdale Huntington Beach, CA 92648 echarlonne@surfcity-hb.or~ $2,393,000.00 8/2012 City of Laguna Niguel Frank Borges 10-11 Overlay &sub Drain 27791 La Paz Road 949-362-4325 Improvement Laguna Niguel, CA 92677 fbor~es@ci.la~una-ni~uel.ca.us $1,573,000.00 4/2011 City of Desert Hot Springs Hal Goldenberg 2012 Street Rehabilitation 65-950 Pierson Blvd 760-329-6411 Program Phase 2 Desert Hot Springs, CA 92240 h~oldenber~@citvofdhs.or~ $1,212,000.00 11/2012 City of Perris Chris Sunde 2012 Grind &Overlay 101 N "D" Street 951-943-6504 Rehabilitation Perris, CA 92572 Chris@trilakeconsultants.com $789,000.00 11/2012 Page 293 of 607 City of Pasadena Elvin Jiang 2009 Resurfacing of Streets 100 N. Garfield Ave 626-744-6912 Pasadena, CA 92570 elviniian~(a~cityofpasadena.net $4,473,000.00 12/2010 City of Laguna Niguel Frank Borges Marina Hills Neighborhood 27791 La Paz Road 949-362-4325 Pavement Rehabilitation Project Laguna Niguel, CA 92677 fbor~es@ci.la~una-ni~uel.ca.us $3,738,000.00 5/2018 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street 951-961-5363 Riverside, CA 92501 tn~uyen@dpw.sbcounty.gov $1,305,000.00 4/2014 City of Westminster Tuan Pham Brookhurst Street 8200 Westminster Blvd 714-548-3456 Westminster, CA 92683 tpham@westminster-ca.~ov $1,116,920.00 3/2014 City of Riverside Steve Howard Arterial Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard(~riversideca.~ov $4,444,000.00 3/2014 City ofJurupa Valley Mike Myers TRIP Pavement Rehabilitation 8939 Limonite Ave 951-332-6464 Phase Jurupa Valley, CA 92509 mmyers@jurupavalley.org $1,254,012.21 3/2017 City of Laguna Hills Kenneth H. Rosenfield Arterial Pavement Management 24035 EI Toro Rd (949) 707-2655 Project Street Rehabilitation Laguna Hills, CA krosenfield@la~unahillsca.~ov $1,275,406.90 5/2017 City of Highland John Egan West Highland Bikeways 27215 Base Line 909-890-1255 Infrastructure &Pavement Improv Highland, CA 92347 jean@erscinc.com $2,678,788.77 7/2017 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza 949-724-6000 Center Drive Irvine, CA 92623 bbrown@cityofirvine.or~ $2,453,343.83 7/2017 City of Riverside Steve Howard Minor Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard@riversideca.~ov $1,543,000.00 4/2014 County of San Bernardino J.D Gayman San Bernardino Ave 825 East 3rd Street 909-387-7924 San Bernardino, CA 92415 jd~ayman@dpw.sbcounty.~ov $1,577,000.00 6/2014 City of Inglewood Hunter Nguyen Street &Alleys Rehabilitation One Manchester Blvd 310-412-5333 Project Inglewood, CA 90301 hhnter@cityofin~lewood.or~ $2,639,330.06 11/2017 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 30111 Crown Valley Parkway 949-362-4325 &Via Vetti Pavement Rehabilitation Laguna Niguel, CA 92677 fbor~es@ci.la~una-ni~uel.ca.us $1.226.861.00 9/2015 City of Norco Bill Thomas FY 2015-16 Annual Minor Street 2870 Clark Ave 951-735-3900 Rehabilitation Phase Norco, CA 92860 bthomas@ci.norco.ca.us $777,000.00 10/2015 City of Simi Valley Fuad Shamout FY 2015-16 Annual Minor Street 2929 Tapo Canyon Road 805-318-0661 Rehabilitation Simi Valley, CA 93063 fshamout@simivalley.or~ $1,213,960.50 11/2015 City of Walnut Natalie Avila Area 1 & 2 Street Resurfacing 21201 La Puente Rd 909-594-9702 project Page 294 of 607 (Walnut, CA 91789 Inavila@rkagroup.com ($1,076,200.00 11/2015 Page 295 of 607 PUBLIC WORKS REFERENCES 2016/2017 Attachment A Owner/Agency Contact Project (Amount & Completion Date) City of Jurupa Valley Mike Myers T.R.I.P Pavement Rehabilitation 8930 Limonite Ave (951) 332-6464 Phase Jurupa Valley, CA 92509 mmversCc~iurupavalley.org $1,254,012.21 03/17 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive (949) 644-3340 Rehabilitation Newport Beach, CA 92660 ftran(c~newportbeachca.gov $2,142,045.66 3/17 City of Rancho Cucamonga Romeo M. David Red Hill Park Pedestrian Trail 10500 Civic Center Drive (909) 477-2740 Renovation Project Rancho Cucamonga, CA 91730 Romeo.DavidCc~cityofrc.us $171,888.70 3/17 City of Riverside Ben Hatheway 2015/2016 CDBG Street and 3900 Main Street (951) 826-5561 ADA Footpath Improvement Riverside, CA 92522 BHatheway(c~riversideca.gov $980,681.29 5/17 City of Signal Hill Anthony Caraveo Willow Street Improvement 2175 Cherry Ave (562) 989-7352 Project Signal Hill, CA 90755 acaraveo@cityofsignalhill.orq $922,100.43 6/17 City of Laguna Hills Frank Tran Arterial Pavement Management 24035 EI Toro Rd (949) 644-3340 Project Street Rehabiltation Laguna Hills ftran(c~newportbeachca.gov $1,375,406.90 6/17 City of Highland John Egan West Highland Bikeways 27215 Base Line (909) 890-1255 Infrastructure &Pavement Impr. Highland, CA 92346 ieQan(c~erscinc.com $2,678,788.77 7117 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza (949) 724-6000 Center Drive Bid No. 17-1160 Irvine, CA 92623 bbrown .citvofirvine.org $2,453,343.83 7117 City of Pasadena Tony An Preventitive Maintenance of 100 N. Garfield Ave (626) 744-7403 Street 2016 Pasadena, CA 91109 tanna,citvofpasadena.net $945,932,59 8/17 City of Ontario Miguel Sotomayor ATP Cycle I Safe Routes to 303 East B Street (909) 395-2108 School Sidewalk Improvements Ontario, CA 91764 msotomavoranontarioca.gov $824,850.88 10/17 City of Inglewood Hunter Nguyen Streets &Alleys Rehabilitation One Manchester Blvd (310) 412-5333 Project Inglewood, CA 90301 hhunter(a.citvofinglewood.org $2,639,330.06 11/17 Owner/Agency Contact Project (Amount & Completion Date) City of Rancho Cucamonga Romeo David Archibald Ave from Hillside Rd Page 296 of 607 PUBLIC WORKS REFERENCES Attachment A 2016/2017 10500 Civic Center Drive (909)477-2740 to N. City Limit &Haven Ave Rancho Cucamonga, CA 91730 Romeo.DavidCa~cityofrc.us Wilson Ave $796,042.98 8/16 City of La Canada Flintridge Greg Kwolek 2016 Citywide Street 1327 Foothill Blvd (818) 790-8880 Resurfacing La Canada Flintridge, CA 91011 gkwolekCa~lcf.ca.gov $1, 084, 562.67 8/16 City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street (714) 536-5431 from Slater Ave to Warner Ave Huntington Beach, CA 92648 ifuentes(a~surfcity-hb.orq $644,000.00 9/16 City of Claremont Vincent Ramos Residental Slurry Preparation 207 Harvard Ave (909) 399-5396 CIP 2016-02 Claremont, CA 91711 vramosCc~ci.claremont.ca.us $579,000.00 10/16 City of Rancho Palo Verdes Lea Reis Residential Street Rehabilitation 30940 Hawthorne Blvd LReis(c~rpvca.c~ov Project Phase Rancho Cucamonga Palos Verdes (310) 544-5307 $2,639,962.68 11/16 City of Cathedral City Bill Simmons Date Palm Dr. &Cathedral 68-700 Avenida Lalo Guerrero (760) 770-0340 Canyon Pavement Rehab Cathedral City, CA 92234 bsimmons(c~cathedralcity.gov $939,000.00 11/16 City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Frederick St (951) 413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henrvn(a.moval.orq $383,000.00 12/16 City of Chino Hills Fe Rama FY 2016-2017 Street 14000 City Center Drive frama .chinohilis.orq Improvement Project Chino Hills, CA 91709 (909) 364-2600 $1,039,000.00 12/16 County of San Bernardino Melinda Barnes Slover Ave Phase II 825 East 3rd Street McBarnesC~dpw.sbcount~.gov (909) 387-7920 San Bernardino, CA 92415 $2,405,020.32 1/17 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive ftran(a~newportbeachca.gov Rehabilitation Newport Beach, CA 92660 (949) 644-3340 $2,142,045.66 3/17 Page 297 of 607 CONTRACTOR SAFETY QUESTIONNAIRE Company Name. Primary Type of Work: Hardy &Harper, Inc. Person Completing Form: Tlt~e: Vice President date: 05/01/19 Asphalt &Paving Steve Kirschner Ph0112 NUCTIb@C: 714-444-1851 SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 2~ 16 , g' 20 ~ ~ ' °) ~ 2~ 18 . ~ p ~ 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 20~ 20~.~ 20~ a. Fatalities _~ ~' ~ b. OSHA recordable incidents ~. ~ ~ c. Lost work day incidents 5 ~ ~ d. Total lost work days ~S i~ ~~ e. Total hours worked 2'1 z,~¢~I I ZSZ,~e~~ 2~3~ ~ ~ za 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 e). Training Plans and current year-to-date b). Verification of ERM from your insurance carrier fl, Training Certificates for Employees c). Injury/Illness Report g). Emergency Response Training d). Complete written Safety Program 4. Company Safety Contact. a. Name Chris Icamen 714-444-1851 b. Phone 1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium. Page 4 8 of 17 6 Page 298 of 607 CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM 1, SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written safety program manual? No 1) Last revision date Z, b b. Do you have a written safety field manual? ~ No c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? ~ No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of ~e No the company? b. Do you have a disciplinary process for enforcement ~ No of your safety program? c. Does management set corporate safety goals? ~ No d. Does ex utive management review: ~ident reports? No ety statistics? No Inspection reports? e No e. Do you safety pre-qualify subcontractors? ~ No f. Do you have a written policy on accident reporting ~ No and investigation? g. Do you have alight-duty, return-to-work policy? ~ No h. Is safety part of your supervisor's performance evaluation? ~No i. Do you have a personal protective equipment (PPE) policy? ~ No j. Do you have a written substance abuse program? es No If yes, s t include (check all applicable b es): P -employment testing ~R n-to-duty testing R om testin [~ina rocess 9 ry P sonable cause testing of testing P st accident testing ational Institute on Drug Abuse [~~anel Screen k, Does each level of management have assigned safety ~ No duties and responsibilities? Page 49 of 176 Page 299 of 607 3 4 TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? ~ No b. Do you conduct site safety orientation for every ~ No person new to the job site? c. Does your safety program require safety training meetings? ~'~e No for each super isor (foreman and above)? How often Weekly ❑Monthly q Quarterly ❑Annually ❑Other d. Do you hold tool box/tailgate safety meetings focused on yo specific work operations/exposures? ~Ye No How ofte , Weekly ❑Daily ❑Other e. Do you require equipment operation/certification training? ~ No ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? ~ ~ No f yes, check ich apply: _,Pfe project/task planning _,F~ecord keeping ~afety committees ~AZCOM ~abstance abuse prevention ~~Return-to-work b. Do you have project safety committees? ergency procedures its/ins ections P i ent investigations/reporting a' ing documentation azardous work permits Subcontractor prequalification No c. Do you conduct job sites fety inspections? es No How often? q Daily Weekly ❑Monthly ❑Other Do these inspections includes a routine safety inspection of equipment (e.g., scaffold, ladders, fire extinguishers, etc.)? ~Y No d. Do you investigate accidents? Ye No How are t y reported? company ~jrsuperintendent ~(]~B project []°B roject manager y foreman n accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings? es No Page 50 of 176 Page 300 of 607 Do you orm rigging an ing checks prior t ing? ~ No or personnel For equipment Heavy lifts (more than 10,000 Ibs. WORK RULES a. Do you periodically update work rules? e No When was the last updates ~d1 b. What w k practices are addressed by your work rules? R/first aid Access~ntrances/stairs Barricades, signs, es 'ratory protection and signals q B sting rial handling/storage munications orary heat o pressed air and gases icle safety Crete work ~ Tra,ff~~ control onfined-space entry Q~Site visit ~`e orting a s/rigging and hoisting ~ li rotection ctrical grounding ipment guards and grounding Env' onmental controls and Moni ring equipment Occupational health gency procedures Flam able material handling/storage [~F' rotection and prevention Site sanit n oor and wall openings T ing and excavating Fall protection ckout/Tagout q keeping Energized/pressurized equipment driers and scaffolds Mechanical equipment/ ~sonal protective equipment maint ance/pre-op checks/ ~s, ower and hand p op~er otoi n Electrical power lines Q~Welding and cutting (hot work) ❑Other OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? o b. Were these inspections in response to complaints? Yes c. Have you been cited as a result of these inspections? Yes f yes, describe the citations (add additional sheets if necessary): Page 51 of 176 Page 301 of 607 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: Hardy &Harper, Inc. Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed. Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor; 2. The trade and type of work that the Subcontractor will perform; 3. Location (address) of Subcontractor's place of business; 4. Subcontractor's license number; 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 than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award of Contract, the 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 302 of 607 Please type or legibly print (attach additional sheets as necessary). Name of Subcontractor Email Contact Information Trade and Type of Work to be Performed Business Location ~p~rr i o~ ~aV~m~r~- ar ~ s ~ ~-en~ v , n . c,o S i ~~ ~ ~1r~U' Y~ ~.~~ ~ `~ C.ctS~ ~~ svn/ ~-~r~ case s~r`~l'~° SUYV.~y J bC~t,,~ c~ C,~ J 5mi~.son Ck~1~~ ~rn~~n~ 2~u,1 'IG 'C'~ ~oo~~ Or e~~-~r \1 ~-tr~~~~cc~~ I— 1S~v1G~~ C-~~ic•~r~c~C c,1'~ ~s ~~~~, Lo~~ ~M~'~1, License Number Public Works Contractor Registration Number Dollar ($) Value `111~3d~ ~ ~p°DOI ~~ no 0 ~s~#l0 t oonoo 1533 ~~~eoo ~(~~(~ ~ bd~~D ~tQ~ ~ Z~ j?00 2 ~r~ G ~ ~J ,~~~10~ ~ ~~v~~C~c3 Page 53 of 176 Page 303 of 607 The Contractor shall not: A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; 4, When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code; or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 54 of 176 Page 304 of 607 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with his/her Contract proposal, Were bid depository or registry services used in obtaining subcontractors bid figures i rder 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 sanctions to attempt to convince you to use the services or abide by the rules of one or more bid de ~~ries? Yes q No 5. If the answer to No. 4 is "Yes", please explain the following details: (a) (b) Date: Name of person or group: ~ ~P( (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 bids by minority or project area subcontractors? Yes ~ No q 7. Was a conscious effort made to recruit and hire project area lower-inco esidents? Yes No q Please submit statement. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this 1st day of May 20 19 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 inforr~;at;on is guaranteed by the bidder. ;s~ .'~~i:>~.. ~.. Name of Compan Hardy &Harper, 'inc.'~" ~ r'~ •J ~ ', ,i, By: _ k~ ~ ~~ .~ ~ ~ , Steve Kirschner -Vice Pres~~ienf ;' ~ `~ ~ ~ ,'~ ~,;~ Title: _. _._ , ,l ~,~ ~~,>,,,~,~ 1 ~ ~~~: Page 55 of 176 Page 305 of 607 SPECIALTY CONTRACTOR OR SUBCONTRACTOR STATEMENT OF QUALIFICATIONS STRIPING WORK 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 striping Work. This information shall provide evidence to indicate successful experience in providing striping work comparable to that specified in the Project Drawings and Specifications. Referenced qualifications shall demonstrate experience as a successful installer of sprayable thermoplastic striping with thermoplastic legends and raised pavement markers. 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-32 Parking and Highway Improvement 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 as the installer of a minimum of one linear mile of traffic striping, pavement markers, and pavement markings; each comparable in scope and complexity to this Project, within three (3) years prior to the Bid Deadline. Specialty Contractor Name: Superior Pavement Markings Inc Project Manager 1 Foreman: Robert Garcia Phone No: (951) 545-6279 E-mail: Rohe ~,~p, ~rinrnavementmarkinas.c~. COMPARABLE PROJECTS (Provide at least three (3) projects) 1. Project Name: Citywide Striping And Pavement Markings Address: Citywide Vernon Date Completed: 2/3/18 Reference /Contact Name: Vincent A Rodriguez Reference /Contact Phone No: (323) 583-8811 Description of work performed: Traffic Striping And Pavement Markings 2. Project Name: 2018 Striping Address: Citywide San Dimas Date Completed: 6/30/2018 Reference /Contact Name: John Campbell Reference /Contact Phone No: (909) 394-6270 Description of work performed: Traffic Striping, Markings, Rpms, And Striping Removals Page 56 of 176 Page 306 of 607 3. Project Name: Citywide Striping Services Address: Citywide Ontario Date Completed 6/30/18 Reference /Contact Name: Tim Mascot Reference /Contact Phone No: (909) 395-2624 Description of work performed: Traffic Striping, Markings, Rpms, And Removals 4. Project Name: Citywide Striping Address: Citywide Irvine Date Completed: _ 6/30/18 Reference /Contact Name. Bryon Gemmell Reference /Contact Phone No: (949) 337-7019 Description of work performed. Traffic Striping, Markings, Rpms, And Removals Page 57 of 176 Page 307 of 607 CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA COUNTY OF orange Steve Kirschner being first duly sworn, deposes and says: That he/she is the Vice President (Title of office if a corporation, "sole owner," "Partner," or other proper title) of Hardy &Harper, i►,~. (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the Sierra Pine Avenue Improvements; 2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Page 58 of 176 Page 308 of 607 /// 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this 1st day of May 2019 at Lake Forest California Month/Year City State Steve Kirschner Contractor (Please Print) ~~ ~ontr~c~or`s ~~~n~~ti!~e Vice President ~ It~2 -- ------ CONTRACTOR'S SIGNATURE MUST BE NOTARIZED Page 59 of 176 Page 309 of 607 G ~~C.a.C.c~...~..c~...c~...ca .c~...c~,..c~ .cam .c~...c~C,c~ ..aC.c~ .~•.c~Q.c~..s~...c~ .~. _sue<.c~...~..n ..~..s~R.c~ .ca..c~..c~.._sa•.ca .c~~ _ca ..~..~~vc~..~C.~...~..~. . 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 Orange ) On May 1, 2019 before me, Ashlie Blanchard. Notary Public , Date Here Insert Name and Title of the Officer personally appeared Name~of Si, who proved to me on the basis of satisfactory evidence to be the person() whose name(~j is/aye subscribed to the within instrument and acknowledged to me that he/s6~e/they executed the same in his/her/their authorized capacity(i~fi), and that by his/her/their signature( on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. ~~"` °` ASHLIE Bl.ANCHARD -: •:'iii iiie~Th~~ w COMM. #2279550 r~ °~ g Notary Public~Calffomia ~ ORANGE COUNTY ~ ~~~ . ~~' My Comm. Expires March 3, 2023 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Affidavit of Non-Collusion Document Date: May 1.2019 Number of Pages: 2 Signers) Other Than Named Above: None Capacity(ies) Claimed by Signers) Signer's Name: Steve Kirschner D Corporate Officer — Title(s): Vir.P Prgsi~nt O Partner — O Limited ❑General q Individual D Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: Hardy &Harper, Inc. Signer's Name: q Corporate Officer — Title(s): q Partner — ❑Limited ❑General O Individual O Attorney in Fact q Trustee D Guardian or Conservator q Other: Signer Is Representing: -rte •a~ •y6•rr •ri •rte •d •y4-~' •d •d •a' •e~6•U •„ •e~~•ei •yy•e• •e+' _y -.v -a+ •✓ •e~ •e~`•ar •ri •er •ri ~e~s•ri •e~.•ar •rte ~e~6•.v •m ~ar •a •e~ •a~ •a~ -a~S-r~ -y Page 310 of 607 THE BIDDER'S INSURANCE COMPANY~S) DR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS. I, the undersigned (Please check one box) ~ underwrite agent, certify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. (f the City of Vernon ~"City") awards the Contractor the Contract for this project, I will be able—within fourfeen (14} calendar days after the Contractor is notified of the Contracts award—to furnish the City with valid insurance forms (including one or more insurance certificates and additiana! insured endorsements) that fully meet all of fhe Insurance Requirements. wood Gutmann &Bogart Insurance Brokers 5/1/2019 Name of Insurance Company Kevin Bogart Insurance Agent's Name (Printed) (signature) ~ '~~~ 15901 Red Hill Ave, Suite 100 Date Kevin Bogart Insurance Agent's Name Tustin CA 92780 Address City State Zip Code 7.14-505-7000 714-573-1770 SAmjad@wgbib.com Telephone Number FAX Number Email Address Hardy &Harper Inc Contractor's Name City Specification Number Below Sfafe the Name of Insurance Company Providing Coverage: DO NOT write "Will Provide," "Ta Be Determined," "When Required," or similar phrases. United Specialty Insurance Company Commercial General Liability Zurich American Insurance Company Wo~cers' Compensation Liability City Will Purchase Policy, if required Builders Risk Zurich American Insurance Company Automobile Liability Evanston Insurance Company Pollution Liability (NOTE TO CONTRACTOR: See °Insurance Requirements° EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance.) NOTE TO THE UNDERWRITER !AGENT; !f the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements, andlor if the Contractor fails to submit the forms within the 14-day time limit, the City may: (1} declare the Contractor's Bid non-responsive, and (2) award the Contract to the next lowest responsible Bidder. Page 60 of 176 Page 311 of 607 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2, Article XVIII ("Ordinance'. The Ordinance requires that service contractors providing labor or services to the City by contract in excess of $25,000: • Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any time, provide labor or delivery services to the City of Vernon. Additionally, on July 1st of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 1st, to remain in compliance. ¨ Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. ~ 32, and making available to such employees forms required to secure advance EITC payments. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under ~enalty of perjury that if awarded the contract for which this bid/proposal is made. Hardy &Harper, n~. will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. Steve Kirschner Vice President (Name 05/01/19 (Title) —---~Signature) (Date) ~l~ase retiir•n ±hip f~~~m with your bid/proposal. Questions concerning the Living Wage Oi•dinailce should be ~irec ed to the I?epa~~tment of Finance —Purchasing Division 323.583.8811. Page 61 of 176 Page 312 of 607 CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1435 Internet: www.cityofvernon.orq Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA-1) Article II. Vendor List Questionnaire (Forms AA-2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional," By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company: Business Telephone: Hardy &Harper, Inc. 714-444-1851 Addl'eSS: 32 Rancho Circle CI~; Lake Forest State: Contact Person Steve Kirschner Tax ID Number (or Social Security Number) Remit Address (if different) N/A 714-444-2801 Fax Number: (optional) CA 92630 Zip E-mail Address ablanchard@hardyandharper.com (optional) 95-2257022 Please state clearly and concisely the types) of goods and services your company provides: Asphalt &Paving The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female Page 62 of 176 Page 313 of 607 Proiect Workforce Utilization Form AA-2) This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of em~loXees in each job classification as well as the number of new hires, if any, as a result of this contract. Name of Company: Hardy & HarP r, i c. Project: S(~Y~d ~1t1~ ~.P~11~'~ I hn1o1'bV-P~CY~-~1~• 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 O~Df1S C ores T~ D b S S t ~r1fi IP I~ Are any current employees or potential new hires Vernon residents? If so, how many? N/A Page 63 of 176 Page 314 of 607 Current Permanent Workforce Utilization (Form AA-3) Name of Company: Hardy 8~ Harper, Inc. Project: Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups. White (not of Hispanic origin) African-American (not of Hispanic origin) Hispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION ~~.r~ ~- ~~~~~G ~ ~ ~- w(~'t W ( ~ officials/ Managers ~ ,~- ~ ~- .e—~ 3 Professionals Z ~- ~j ~— ~- ~ 2 3 Technicians 2 ~- y ~ ~ -H~ ~ ~ Office/Clerical ~ ~- ~~ ~- ~- 5 ~p Skilled Craft Workers ~ .~ ~ ~ ~ ~- ~ ~ Z ~_ Operators (semi-skilled) ` ~ ~ ~ ~ Laborers 2 .~ ~ b ~- Ste--D-2Z ~-- Service Workers t a ~' ~ p ~- ~ 8- 2 p ~-- TOTAL Page 64 of 176 Page 315 of 607 J ~ ~ - ~. i ~t I , ~;... r _ .~ ; / i / .1 •^ j~ PUBLIC WORKS DEPARTMENT 4305 Santa Fe Avenue, Vernon, California 90058 Telephone X323} 583-8811 Apri129, 2018 Via Planetbids NOTICE TO BIDDERS —ADDENDUM NO. 1 SIERRA. PIlVE AVENUE IMPROVEMENTS CONTRACT NU. CS-1093 IN THE CITY QF VF,RNON, CALIFORNIA This notice shall be considered as Addendum No. 1 to the Specifications for the above-mentioned project and modifies the original Specifications and Contract Documents, as noted below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. Contract Specifications: 1. On the SPECIAL PROVISIONS, amend section B-2.02 Construction Hours as follows: o Asphalt work shall occur on Saturday and Sunday between the hours of lam to Spm. o All re-striping work shall occur at night between the hours of 9pm to 4am Layout "Cat Track" shall be approved by the City before the final striping improvements are installed. o Concrete improvement work which include sidewalk, and accessible ramp improvements shall occur Monday-Friday between the hours of Sam to 4pm o Traffic signal loop installation shall occur Monday-Friday between the hours of Sam to 4pm. o Removal of the asphalt and placement of the high early strength concrete on Siena Pine shall be on Friday between the hours of 7:00 p.m. to Sunday S:OU p.m. If you have any questions, please call Felix Velasco of my staff at (323) 583-8811, extension 318. Sincerely, ~ ~ ~'~ Daniel Wall, P.E. Director of Public Works Enclosures ~ cCusivet InrfustriaC ~~~ ~< <~n~ ~ ~ 1/IC~ ~~Sjc~'~'1 Page 316 of 607 No extension ~f time will be granted fir 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 ob#ain 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 1Nork The provisions of Section 4-l.l entitled "Materials ancJ Workmanship" of the Standard Specifications X2018) shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shalt be repaired or replaced by the Contractor at his expense. B-1.07 Liquidated Damages — In accordance with Section 6-9 of the Standard Specifications (2U 18), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (201$), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,000 B-1.08 t.~nit Prices -All costs not covered by specific unit prices but req~iired 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 work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shalt 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. B-z.02 Construction Hours- Work shall occur beriveen the hours of lam to 4pm unless otherwise restricted by the type of work shown below: o Asphalt work shall occur on Saturday and Sunday between the hours of lam to Spm. o All re-striping work shall occur at night between the hours of 9pm to 4am Layout "Cat Track" shall be approved by the City before the final striping improvements are installed. o Concrete improvement work which include sidewalk, and accessible ramp improvements shall occur Monday-Friday between the hours of Sam to 4pm o Traffic signal loop installation shall occur Monday-Friday behveen the hours of Sam to 4pm. u Removal of the asphalt and placement of the high early strength concrete on Sierra Pine shall be on Friday between the hours of 7:00 p.m. to Sunday 5:00 ~.m. Page 317 of 607 City Council Agenda Item Report Agenda Item No. COV-213-2019 Submitted by: Margarita Beltran Submitting Department: Public Works Meeting Date: June 18, 2019 SUBJECT Award of City Contract No. CS-1061: 53rd St., 54th St., 55th St., 57th St., & Hampton St. Improvements Recommendation: A. Find that the award of the proposed Capital Improvement Project at 53rd St., 54th St., 55th St., 57th St., and Hampton Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves no expansion of existing use; and B. Accept the bid proposal from Hardy & Harper Inc., a California corporation, as the lowest responsive and responsible bidder for the 53rd St., 54th St., 55th St., 57th St., and Hampton Street Improvements Project and reject all other bids; and C. Approve and authorize the City Administrator to execute contract CS-1061, in substantially the same form as submitted herewith, in an amount not to exceed $407,625 for the 53rd St., 54th St., 55th St., 57th St., and Hampton Street Improvements Project, for a period not to exceed 45 calendar days; and D. Authorize a contingency of $40,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Background: This Project consists of a 3” and 4” deep removal and replacement of the existing asphalt pavement, removal and replacement of damaged sidewalk and installation of disabled access ramps. New asphalt shall consist of a latex modified asphalt concrete overlay C2-PG-70-10. In addition the streets shall be repainted in accordance with the latest Caltrans Standards. The project limits consist of the following: -53rd Street: From Santa Fe Avenue to the Easterly City Limit -54th Street: From Santa Fe Avenue to the Easterly City Limit -55th Street: From Santa Fe Avenue to the Easterly City Limit -57th Street: From Santa Fe Avenue to the Easterly City Limit -Hampton Street: From 49th Street to Fruitland Avenue On February 25, 2019, the City Attorney approved as to form the project specifications and the Notice of Inviting Bids and on April 11, 2019, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the 53rd St., 54th St., 55th St., 57th St., and Hampton Street Improvements Project. The Notice Inviting Bids was posted on the City’s Planetbids website and published in the local newspaper. The Department has utilized the Page 318 of 607 template Notice Inviting Bids, Bid Forms, Project Specifications, Instructions to Bidders and Standard Form of Contract previously approved by City Council. The bids for Contract No. CS-1061, 53rd St., 54th St., 55th St., 57th St., and Hampton Street Improvements Project, were received and opened on May 2, 2019. The calculated results were as follows: 1. Hardy and Harper Inc. - $407,625 2. Sequel Contractors, Inc. - $425,892 3. All American Asphalt - $433,805.20 4. PALP Inc. dba Excel Paving Company - $486,723 5. Sialic Contractors Corporation dba Shawnan - $688,740 Fiscal Impact: The Public Works Department identified $391,000 of the budgeted funds remaining from various Capital Improvement Projects in the approved FY 2018-2019 City Budget to cover the cost of this project. It is anticipated that the first invoice for this project will be received during the FY 2019-2020. Therefore the funds to cover the cost of this project will be budgeted in FY 2019-2020. ATTACHMENTS 1. Contract Agreement No. CS-1061 - 53rd St., 54th St., 55th St., 57th St., and Hampton St Page 319 of 607 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this day of , 20 ___, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and Hardy & Harper, Inc., a California corporation (hereinafter "Contractor"), for construction of Sierra Pine Avenue Improvements. 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. Exhibit E – City Standard Plans M. Notice Inviting Bids; N. Instructions to Bidders; O. Bid Forms; P. Designation of Subcontractors Page 320 of 607 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non- technical data, interpretations, opinions or provisional statements contained therein: A. None 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: 53rd St., 54th St., 55th St., 57th St., & Hampton St. Improvements Contract No. CS-1061 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within ____45__ calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of One Thousand ($1,000) 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 Page 321 of 607 General Conditions of Contract. Contractor Initial here: _________. 5. CONTRACT SUM In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of four hundred and seven thousand, six hundred and twenty five dollars/no cents ($407,625), payable as set forth in the General Conditions (“Contract Sum”). IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ___________________, California. [Contractor]: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR’S SIGNATURE MUST BE NOTARIZED [Contractor’s Corporate Seal] Page 322 of 607 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. Page 323 of 607 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. Page 324 of 607 R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. T. Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows: 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes 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. Page 325 of 607 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. Section 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 (2012 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. OO. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as Page 326 of 607 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 Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee encroachment permit from the City of Vernon’s Public Work, Water and Development Services 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. E. Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees from the Date of Commencement until City’s Final Acceptance of the Work. Page 327 of 607 1.04 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. Contractor shall apply and pay for a City of Vernon business license. 1.05 ALLOWANCES A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City’s estimated cost established for each Work item covered by an Allowance stated in the Contract Documents. See Paragraph 1.01 for definition of Allowance. B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other taxes legally chargeable; and all other costs and expenses incidental to such Work. C. Work items covered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City’s approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City’s Project Representative for review and the Contractor has received City’s approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. Page 328 of 607 1.08 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 1.09 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher 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 Page 329 of 607 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 Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. Page 330 of 607 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations, quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. Page 331 of 607 1.14 RIGHT OF WAY A. The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials. The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping, and for any damage that may result from his/her use of City property. C. In case areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations, he/she shall make arrangements with the property owners for the use of such additional areas at his/her own expense. 1.15 CONTRACTOR’S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] Page 332 of 607 ARTICLE 2 - PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor’s expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 2.05 CITY’S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, the Page 333 of 607 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: Attention: Phone: Facsimile: All communications shall be copied to City and shall be delivered to City’s Director at the address set forth below, with copies to such additional persons as may be directed by City’s Director. City of Vernon Department of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Wall, Director of Public Works Phone: (323) 583-8811 x215 Facsimile: (323) 826 1435 E-mail: Dwall@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all Page 334 of 607 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: In case of an emergency which threatens loss or injury of property, and/or safety of life during working Page 335 of 607 hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If, in the Director’s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor’s Work, the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a condition suitable for use by the City, the City may, after written notice and designation from the Page 336 of 607 Director to the Contractor, use (which includes, but is not limited to, taking over or placing into service) any portion(s) designated by the Director. B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor, or any other cause, shall be made at the expense of the Contractor. D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor’s sole expense. 2.13 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by the Contractor. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. Page 337 of 607 B. Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance, and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor’s expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will Page 338 of 607 deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor’s warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City’s designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s completion of the Work or termination of Contractor’s performance of the Work. B. Correction of Work 1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City’s services and expenses made necessary thereby, will be at the Contractor’s expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to Page 339 of 607 prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement. Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Damage. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents, the Contractor shall bear the cost of repairing or reconstructing that other construction as well. 5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials, debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor’s operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. Page 340 of 607 2.17 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1. BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs General BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Rigid Pavement Portland Cement Crack and Joint Sealing Mudjacking and Drilling Concrete Slab and Spall Repair Slope/Drains/Vegetation Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Litter/ Debris/ Graffiti Sweeping Operations Page 341 of 607 Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Landscaping Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation (Watering), Potable and Nonpotable Environmental Storm Drain Stenciling Roadside Slope Inspection Roadside Stabilization Stormwater Treatment Devices Traction Sand Trap Devices Bridges Welding and Grinding Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Other Structures Pump Station Cleaning Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation Traffic Guidance Thermoplastic Striping and Marking Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/ Repair Management and Support Building and Grounds Maintenance Storage of Hazardous Materials (Working Stock) Material Storage Control (Hazardous Waste) Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control Page 342 of 607 B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website: www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the overall stormwater management program. When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Control 2. Non-Stormwater Management, Waste Management and Materials Pollution Control Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. Stormwater Management; Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control Page 343 of 607 3) Least toxic methods of pest prevention and control, including Integrated Pest Management 4) Reduction of pesticide use C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit (2009-0009-DWQ Permit). Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP), and the first annual fee. See: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project (where applicable); 5. A list of major construction materials, wastes, and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 7. A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7) days after the City awards the Contract, the Contractor shall submit seven (7) copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City’s comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Page 344 of 607 Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. D. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 www.cabmphandbooks.com Cashier Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 E. Implementation The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor’s activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the “Greenbook” Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. Page 345 of 607 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: Vince Rodriguez, Public Works Superintendent (323) 855-2292 H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. Page 346 of 607 In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. 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 Page 347 of 607 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 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] Page 348 of 607 ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within forty-five (45) calendar days following the Date of Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. The Page 349 of 607 Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; Page 350 of 607 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and 6. the Contactor’s recommendations for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of the overall Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings thereon shall be final and conclusive. H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. I. When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed. J. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. C. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for Work. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director’s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a “Notice of Completion” of the Work to the Contractor. Upon the issuance of the Notice of Completion Page 351 of 607 the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of one thousand dollars ($1,000) 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] Page 352 of 607 ARTICLE 4 - CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hour 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. Page 353 of 607 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. 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 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. Page 354 of 607 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] Page 355 of 607 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 Page 356 of 607 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 Page 357 of 607 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 Page 358 of 607 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, Page 359 of 607 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] Page 360 of 607 ARTICLE 6 – CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. 6.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of Page 361 of 607 said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E) herein. 6.06 PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: Page 362 of 607 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and Page 363 of 607 equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor’s representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor’s authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C. Allowable Costs The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time Page 364 of 607 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. Page 365 of 607 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 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% 1. 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 Page 366 of 607 the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed 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] Page 367 of 607 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. D. Revisions If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a Page 368 of 607 manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. the data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and Page 369 of 607 that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above; 2. submission of the Contractor's certification required by Paragraph 7.03-C, above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of Page 370 of 607 undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. the portion of the Work permanently installed and in place; 2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less, the aggregate of previous payments, and 4. less, any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention 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. B. Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final 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; Page 371 of 607 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. 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 Page 372 of 607 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 Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work, or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor Page 373 of 607 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); 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; Page 374 of 607 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. 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. Page 375 of 607 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 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. Page 376 of 607 7.10 CLAIMS A. Arising of Claim. 1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a “claim” will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor’s Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 5. If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating that Contractor is entitled to an extension of time under the Contract Documents; and 6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the 'following form: Page 377 of 607 "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate; and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, (d) I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.” Signature: Date: Name: Title: Company C. Noncompliance Failure to submit any of the information, documentation or certifications required by Paragraph 7.10- B, above, shall result in the Claim being returned to Contractor without any decision. D. Submission of Claims 1. Director. Claims shall be first submitted to the City for decision by the Director. 2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Page 378 of 607 Contract Documents and City will continue, to make undisputed payments as by the Contract Documents. 3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment. 4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor’s right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims, Meet and Confer 1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-five (45) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. F. Finality of Decision If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director’s response. G. Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE] Page 379 of 607 ARTICLE 8 - MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. Page 380 of 607 C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics of the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contract requirement. D. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. 8.05 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all Page 381 of 607 respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] Page 382 of 607 ARTICLE 9 – SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions 8. Manuals 9. As-built drawings 10. Safety plans required by Article 10 9.02 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate. 9.03 SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. Page 383 of 607 9.04 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width 11" X 8 1/2" 11" X 17" 24" X 36" 30” X 42” 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. 9.06 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director’s approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. 9.08 MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: 1. Identification on, or readable through, the front cover stating general nature of the manual. 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to Page 384 of 607 location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples, indicate the source of the sample. Page 385 of 607 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. In scheduling, allow at least 15 Working Days for the Director’s review, plus the transit time to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make Corrections Noted - Do Not Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of costs, and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If submittal is returned for correction; it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five (5) copies. Page 386 of 607 E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] Page 387 of 607 ARTICLE 10 – SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor’s program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program may result in actions as provided in Article 5: “Suspension or Termination of Contract.” Page 388 of 607 C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason Page 389 of 607 of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control (“WATCH”) handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5: “Suspension or Termination of Contract” of these General Conditions. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. Page 390 of 607 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 at the address below: Police Chief Anthony Miranda Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Notification shall be sent 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. Page 391 of 607 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] Page 392 of 607 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 Page 393 of 607 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] Page 394 of 607 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] Page 395 of 607 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. Page 396 of 607 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] Page 397 of 607 ARTICLE 14 - LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract Page 398 of 607 by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. Page 399 of 607 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed Page 400 of 607 and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE] Page 401 of 607 ARTICLE 15 - DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim. Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term “claims” as used herein shall be as defined in California Public Contract Code § 20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents Page 402 of 607 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] Page 403 of 607 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] Page 404 of 607 ARTICLE 17-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. B. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable Page 405 of 607 portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City’s Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City’s rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their Page 406 of 607 permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. Page 407 of 607 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. Page 408 of 607 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] Page 409 of 607 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 410 of 607 Surety’s total obligation, as described here, will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay— in addition to the Bonded Sum— City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works City Attorney CORPORATE SEAL CORPORATE SEAL Page 411 of 607 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 Page 412 of 607 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. Page 413 of 607 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 3. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay— in addition to the Bonded Sum— City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works City Attorney CORPORATE SEAL CORPORATE SEAL Page 414 of 607 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 Page 415 of 607 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. Page 416 of 607 2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 4. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay, in addition to the Bonded Sum, City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: THIS BOND MUST BE EXECUTED IN TRIPLICATE. EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY & AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works City Attorney CORPORATE SEAL CORPORATE SEAL Page 417 of 607 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 Page 418 of 607 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) Page 419 of 607 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 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 Page 420 of 607 officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder’s Risk Insurance REQUIRED 1. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements: 1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); 2. Domiciled within, and organized under the laws of, a State of the United States; and 3. Carry an A.M. Best & Company minimum rating of “A:VII”. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. Page 421 of 607 I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy J. At any time during the duration of this Contract, City may do any one or more of the following: 1. Review this Agreement’s insurance coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors: (a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage. 3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements. M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager. N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement’s insurance requirements; and 2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees. O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or Page 422 of 607 reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. 1. “Certificate of Insurance” 2. “Additional Insured Endorsement” 3. Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required. D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract. E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. Page 423 of 607 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. Page 424 of 607 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 Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. Page 425 of 607 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: Page 426 of 607 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT Page 427 of 607 SPECIFIC FOR THIS PROJECT 53RD ST., 54TH ST., 55TH ST., 57TH ST., & HAMPTON ST. IMPROVEMENTS GENERAL B-1.01 Scope of Work – This project consists of a 3” and a 4” deep removal and replacement of the existing asphalt pavement. New asphalt shall consist a latex modified asphalt concrete overlay (C2-PG-70-10) installed on one lift. In addition, the project includes the removal and replacement of damaged sidewalk, driveways, and installation of handicap access ramps. To finalize, the streets shall be repainted according to the latest Caltrans standards as noted on the project plans. B-1.02 Contract Plans – The details and the exact limits for the asphalt and concrete work in this project are shown on the City of Vernon Contract No. CS-1016 sheet drawings, incorporated into this Agreement by this reference: Sheet No. Plan No. Description 1 - Title Sheet & Notes 2 P2773 53rd St., 54th St. Street Improvements Santa Fe Avenue to Alley 3 P2773 55th St., 57th St. Street Improvements Santa Fe Avenue to Alley 4 P2773 Hampton Street Improvements Fruitland Avenue to 49th Street 5 P2759 53rd St., 54th St. Channelization Santa Fe Avenue to Alley 6 P2759 55th St., 57th St. Channelization Santa Fe Avenue to Alley 7 P2759 Hampton Channelization Fruitland Avenue to 49th Street B-1.03 Specifications – Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2018 Edition), State of California Department of Transportation “Caltrans” Standard Plans and Standard Specifications (2018 Edition), California Manual on Uniform Traffic Control Devices (2014 Edition), and the City of Vernon Standard Plans. The Standard Specifications for Public Works Construction (2018 Edition) shall be referred to hereafter as the “Standard Specifications”. The Caltrans Standard Plans (2018 Edition shall be referred to hereafter as the “Standard Plans”. The California Manual on Traffic Control Devices (2014 Edition) shall be referred hereafter as the “CA MUTCD”. B-1.04 Length of Contract – All work in this project shall be completed within forty-five (45) calendar days as specified in the Bidder's Proposal. Page 428 of 607 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 Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. B-l.07 Liquidated Damages – In accordance with Section 6-9 of the Standard Specifications (2018), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2018), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,000 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 work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City Engineer prior to the start of the work. B-2.02 Construction Hours- Work shall occur between the hours of 7am to 4pm unless otherwise restricted by the type of work shown below: o Asphalt work shall occur on Saturday and Sunday between the hours of 7am to 5pm. o All re-striping work shall occur at night between the hours of 9pm to 4am Layout “Cat Track” shall be approved by the City before the final striping improvements are installed. Page 429 of 607 o Concrete improvement work which include sidewalk, and accessible ramp improvements shall occur Monday-Friday between the hours of 8am to 4pm o Traffic signal loop installation shall occur Monday-Friday between the hours of 8am to 4pm. 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 (2018) and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other 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 "CA 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. A business or residence that has a drive approach that is at least 40 feet wide shall be poured in halves in order to maintain continuous access unless otherwise approved by the City Engineer. c. In addition to the above, the Contractor shall be required to construct temporary ramps at excavated areas and utilize other construction methods such as temporarily backfilling areas and surfacing with temporary A.C. paving, in order to comply with the requirements of continuous access unless otherwise directed by the City Engineer. 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. Construction hours shall be per Section B-2.02. During other work hours, the Contractor shall maintain all existing traffic lanes during the hours of 7a.m. - 8a.m. and 4p.m - 6p.m. each day. During the hours of 9a.m. – 4p.m., the Contractor may close the area adjacent to the proposed construction only if the street has more than Page 430 of 607 one through lane of traffic in each direction and one through lane in each direction can be maintained unless otherwise specified in the contract provisions. b. The Contractor shall submit traffic channelization and detour plans to the City Engineer for approval at least (10) ten working days prior to commencement of work. c. 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. 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, and not handwritten. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in a timely manner, the City Engineer may suspend all work until signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance 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 upon Highways. Due to the necessity of private property access, the contractor may be required to maintain a fifteen (15) foot, in width, travel lane. Detour of traffic shall be maintained within the construction zone for the duration of the construction. The Contractor shall provide access to local businesses at all times unless otherwise approved by the City Engineer. This may include providing steel plates at some driveway approaches. The Contractor shall furnish and maintain Type II and Type III barricades with flashers at the removal areas. Message boards shall be used for pre-construction warnings, lane closure/detour areas and placed 10 calendar days in advance of the closure/detour. Flashing arrow boards shall be used on Santa Fe Avenue. The traffic control shall be in accordance with the California Manual of Temporary Traffic Controls (CA MUTCD, latest edition) handbook. d. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. Page 431 of 607 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-4.03 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. Page 432 of 607 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. B-4.04 Notification of Utilities – The provisions of Section 5 entitled "Utilities" of the 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. B-5.01 Noise Restrictions – The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: 1. From 7:00 am to 4:00 pm, Monday through Friday 2. From 7:00 am to 5:00 pm on Saturday and Sunday In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-6.01 Construction Order of Work – Work shall be scheduled so as to lessen the impact upon businesses. Requirements – General: 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. Page 433 of 607 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. B-7.01 Character of Workers – If any subcontractor or person employed by the Contractor shall appear to the City’s Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he/she shall be immediately discharged from the project on the request of the City’s 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-8.01 Examination of the Site – The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. B-8.02 Mobilization – The cost of all preparatory work and operations for the multiple movements 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-8.03 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 or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.04 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 $1,000. 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-8.05 Cleaning of Site During Construction – During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times. B-8.06 Sanitary Facilities – The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.07 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, Page 434 of 607 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-9.01 Best Management Practices (BMP’s) – The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (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-10.01 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. B-11.01 Material Submittals – The Contractor shall provide all required submittals including, but not limited to the following: Shop drawings, materials and mix designs to the City upon reward of the contract for review and approval before the construction, and truncated domes. The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. B-12.01 Unclassified Excavation – This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing concrete sidewalk, curb and gutter, and/or adjacent one foot wide strip asphalt pavement along proposed Page 435 of 607 concrete improvements, aggregate base, soil etc., as shown on the Standard Plans. The cost for unclassified excavation shall be included in the unclassified excavation bid item unit price and no additional compensation to the Contractor shall be made therefor. Cost for unclassified fill if any, re-grading and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefor. B-12.02 Saw-cutting – A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and/or drive apron to be removed. All work shall conform to applicable provisions of the Standard Specifications. Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the unit bid prices of the various related items as specified in the Bidder's Proposal and no additional compensation for this work shall be made therefor. Saw-cutting will be required along score lines of all individual concrete areas to be removed unless otherwise directed by the City’s Engineer. A minimum 8" saw-cutting depth will be required along the joint line for curb and gutter. The residue resulting from the saw-cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation. See Section I-2.04.1 of these Specifications for NPDES requirements. B-13.01 Cold Planing – This section shall conform to Subsection 302-1 Cold Milling of Existing Pavement of the Standard Specifications. Cold planed (cold milled) asphalt will be disposed of in accordance Subsection 302-1.8 of the Standard Specification. The cost to dispose of the cold planed asphalt concrete shall be included in the uniform cold plane bid item and no additional compensation for the work shall be made therefor. B-14.01 Benchmark Replacement – If benchmarks and/or centerline ties are displaced or damaged during construction, the Contractor shall replace them per City of Vernon Standards at no cost to the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or centerline ties. B-15.01 Maintaining Existing Traffic Signal System – In accordance with Section 701-4 and 701- 5.4 of the Standard Specifications, the existing traffic signals shall be in operation at all times. B-16.01 Parkway Restoration – Parkway and lawn areas disturbed by construction and/or root removal operations shall be backfilled with material approved by the City Engineer, mechanically compacted to 90% of optimum density, and graded to join the adjacent improvements and parkway lawn areas. The parkway and lawn area shall be restored by sodding in accordance with Section 801-4.8 of the Standard Specifications, and the irrigation system to match the adjacent parkway area. The payment for this work shall be included in the most appropriately related bid item. B-17.01 Concrete Improvement – General – The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and Page 436 of 607 construction of concrete curb ramps and sidewalks according to the City of Vernon Plans. All concrete work shall be formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The cost for construction of the depressed concrete gutter for curb ramps, soil backfill, re- compaction shall be included in the various bid items and no extra compensation will be paid to the Contractor. B-17.02 Concrete Sidewalk – The 3.5” thick concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Saw-cut, remove, and dispose existing concrete, asphalt concrete, and/or soil to nearest score line or as painted by the City’s Engineer. Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. The cost for the removal and replacement of the concrete sidewalk shall be included in the sidewalk bid item unit price and no additional compensation to the Contractor shall be made therefor. The locations of the sidewalk replacement areas are shown on Attachment A and Attachment B of the Contract Specifications. The contractor shall meet with the City’s Engineer to confirm all sidewalk replacement locations before any demolition takes place. B-17.03 Root Shaving/Pruning – Where the sidewalk has been raised by an existing tree, interfering roots shall be shaved per the Engineer’s direction. The shaving of the roots will be paid under the appropriate bid item. The cost of shaving the tree roots and backfilling with clean soil shall be included in the Prune/Root Shave bid unit price and no additional compensation shall be made to the Contractor therefor. The locations of the root shaving/pruning are shown on Attachment A and Attachment B of the Contract Specifications. B-17.04 Concrete Curb Ramp (Handicap Access) – The concrete curb (accessible) ramp including truncated dome and depressed gutter shall be constructed according to the Revised Caltrans Standard Plan RSP A88A. The ramp shall be poured monolithically with depressed gutter which has 0” (zero inch) lip. Unless otherwise indicated on plans, remove a 1’ wide by 17” deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub- grade and repave with 5” thick asphalt concrete pavement to 4” below edge of gutter to allow for 4” asphalt concrete pavement overlay to be flush with edge of gutter. The location of the ramps to be re-constructed are shown on the contract plans and on Attachment A and Attachment B of the Contract Specifications. The proposed curb (handicap access) ramps shown on plans are diagrammatical. Case A, Case B, or Case G are preferred when field conditions allow it. Other cases shall be installed if directed by the City’s engineer. The City shall mark the limit of work in the field for each street corner involved, and the Contractor shall field measure (verify) the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, Page 437 of 607 disposal and relocation of the existing sidewalk curb drains, utility, traffic/street related poles and boxes. The cost of the truncated dome, depressed gutter and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no additional compensation to the Contractor shall be made therefor. B-17.05 Truncated Domes – Curb ramp and walkway detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable warning surface shall be prefabricated cast-in-place on the curb ramp or walkway. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538. The finished surfaces of the detectable warning surface shall be free from blemishes. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no additional compensation to the Contractor shall be made therefor. The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. B-17.06 Concrete Curb and Gutter- Concrete curb & gutter shall be constructed according to the plans and City of Vernon Standard Plan No. PV582 including 6” thick Crushed Miscellaneous base (CMB). The concrete curb face shall be 8” high. New concrete curb & gutter shall be doweled with #4 rebar into existing concrete curb & gutter when length is less than 25’. Unless otherwise indicated on plans, remove a 2’ wide by 17” deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with 5” thick asphalt concrete pavement to 4” below edge of gutter to allow for 4” asphalt concrete pavement overlay to be flush with edge of gutter. The cost for the removal & repaving of the 2’wide asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. B-17.07 Concrete Joints and Keyways – Longitudinal joints shall coincide with traffic lanes unless otherwise approved by the City Engineer. Construction of keyways and tie bars shall be per the Standard Plans for Public Works Construction (SPPWC) Standard Plan No. 134-2 and placed at every cold joint in the concrete slab/pavement or as directed by the City Engineer. B-18.01 Contractor Responsibility – 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, 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. Page 438 of 607 B-19.01 Weather Limitations – Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end. B-20.01 Full Depth Asphalt Removal – Shall be in accordance with Section 300-1 of the Standard Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any subgrade materials to the asphalt millings. B-21.01 Subgrade and Surface Preparation – Prior to placing new pavement the subgrade soils/base shall be properly prepared, moisture treated and compacted to a minimum of 95 percent relative compaction based upon ASTM D 1557 so as to create an evenly graded, unyielding surface. If the new pavement is to be placed on an existing milled pavement surface it shall be verified that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the milled surface that might compromise the integrity of the new pavement. When new pavement is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, swales, planters, etc… these contact surfaces shall be swept of all loose material to create a dry clean surface. A tack coat of SS- 1h emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing the new pavement. New pavement is not recommended as a direct overlay on existing asphalt pavement without first milling the underlying pavement to aid in bonding and to prevent slippage. B-22.01 New Asphalt Concrete Paving – Material – Asphalt concrete base paving material for this project shall be Class C2 PG 70-10 with 2% Latex Additive and per the specifications below. The asphalt concrete material shall include the following: (1) Fractured faces of crushed rock shall conform to Standard Specifications 200-1.2. (2) Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix. (3) Minimum air void shall be 4% per Standard Specifications 203-6.4.3. The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. The Contractor shall establish designated asphalt truck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. The City shall approve this plan five (5) days prior to paving. The Contractor shall place diesel fuel on top of all manholes, valves and monument covers immediately before the final asphalt pavement overlay. Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform surface. Compacted edge along gutter shall be flush. Page 439 of 607 No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around. Paving operations at the end of each day or night shall leave no joints parallel to the direction of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. Existing potholed asphalt concrete pavement and base thicknesses are shown on plans. B-22.02 Latex Rubber Additive – This work shall consist of adding a 2% latex rubber additive to the asphalt concrete mix for the final 2" thick surface overlay shall be Class C2-PG 70-10 in accordance with the following provisions and the Standard Specifications for Public Works Construction, Section 203- 10 “Latex Modified Asphalt Concrete”: A. Latex rubber shall be water based emulsified suspension of Styrene/Butadiene Rubber in liquid form. B. Latex rubber, amounting to 2% by weight of the asphalt cement, shall be added at the pug mill with the asphalt cement during the mixing cycle. C. The Contractor shall submit the mix design to the City Engineer for approval prior to use. D. Latex rubber may be added to the mixture in any method that will assure uniform distribution, accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt. E. The wet mixing cycle shall be 50 seconds. Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement with Latex and no extra compensation will be paid to the Contractor. B-22.03 Tack Coat Application – A tack coat of SS-1h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS-1h must be included in the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration as needed. B-22.04 Asphalt Concrete Pavement Reconstruction – Remove and dispose existing asphalt concrete pavement to a designated depth and re-compact top 6” of sub-grade to 95% relative Page 440 of 607 compaction before constructing a new 6” thick Crushed Miscellaneous Base (CMB) and 6” thick asphalt concrete pavement base structure section with asphalt concrete Class C2-PG 70-10 with added 2% latex rubber additive. B-22.05 Field Testing – The top six inches (6") of sub-grade and crushed miscellaneous base material shall be compacted to a relative compaction of 95%, except under sidewalks, ramps and driveways where the sub-grade shall be compacted to a relative compaction of 90%. All trenches and sub-grade below six inches (6") shall be compacted to a relative compaction of 90%. The asphalt concrete pavement compaction after rolling shall also be 95%. The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt- testing device. The Contractor shall notify the City 48 hours in advance when to schedule field relative compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor’s expense. B-23.01 Adjust Manhole Frame and Cover and Utility Valves – The Contractor, as part of the paving operations, shall adjust to finish grade all the utility (gas, water etc.) manholes, valves and survey monuments as necessary at no cost to the City. The City will furnish new extension sleeves when necessary and the Contractor shall install as directed by the City. The Contractor shall free all the valve covers 300 feet ahead of the paving machine. Immediately after rolling, the valve covers must be raised or lowered to new grade to insure proper access. Existing valves must be exposed and accessible at all times. The valve covers that are unable to be freed and raised during paving operations shall be marked on the new pavement or tied to the existing sidewalk and the Contractor shall raise or adjust the valve covers to the new finished grade within a week with no cost to the City. B-23.02 Replacement of Manhole Frame and Cover – The contractor must provide a cut sheet of the manhole frame and cover to the City for approval prior to the purchase of these materials. The manhole frame and cover name must match with the utility. Additionally, the manhole frame and cover must meet all the specifications of the SPPWC Standard Plan No. 630-4. The cost for the materials and disposal of the manhole frame and cover must be included in the manhole frame and cover bid item. B-24.01 Traffic Detector Loops – The traffic detector loops shall be 6’ diameter, 4” deep, round, Type “E”, according to the Caltrans Standard Plan ES-5B and shall be installed per the Los Angeles County Bicycle/Vehicle Loop Detector Installation Standard Plan. Loops and “home runs” shall be cut 4 inches deep with the stub out cut to match. Home run loops shall be spliced in series and twisted at a rate of 3 turns per foot. Cut out, deburr, and place new 4 inches deep threaded ring for stub out. The cost of furnishing and installation of new traffic detector loops and “home runs” complete in place and in working order must be included in the loop bid item. Page 441 of 607 B-25.01 Striping Improvements – Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the Standard Specifications and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Caltrans Specifications. The Contractor shall layout (cat track) all striping within one week after the placement of the final paved surface. Once approved by the City, the striping of all the streets shall be installed with Thin-mil thermoplastic traffic stripes and pavement markings. The Contractor shall furnish the necessary control points for all existing striping and legend marking prior to removing them. Traffic striping shall be placed upon the finished asphalt concrete or PCC pavement surface according to the plans. Crosswalk markings at adjacent approaches to the improvements shall be restriped as noted on traffic striping plans. The Contractor shall be responsible for the completeness and accuracy of the layout and re-striping to the satisfaction of the City. A blue retro reflective raised pavement marker per Caltrans Traffic Manual Section 6-03.4, Figure 6-44 shall be placed on new asphalt pavement at all fire hydrant locations. The contractor shall place temporary striping tabs before the street is opened up to traffic. The Contractor shall also install pavement markers according to the striping plans. Prior to the installation of the traffic signal loops, the contractor shall layout the proposed crosswalks. The cost of preparing layout and furnishing control points must be included in the respective lump sum bid item, and no extra compensation will be paid to the Contractor. B-26.01 Paint Materials – Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION “GREENBOOK” (2018 Edition and supplements) and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Cal Trans State Specifications. Thin-mil thermoplastic traffic stripes and pavement markings, and thermoplastic crosswalks and limit lines shall conform to the provisions in Sections 84-1, “General,” and 84-2, “Thermoplastic Traffic Stripes and Pavement Markings,” of the CSS and these special provisions. Specifications for glass beads shall be “8010-004 (Type II).” Glass beads shall be premixed within the thermoplastic material prior to application and also applied to the thermoplastic striping material immediately following the application of the striping. Thin-mil thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02SPRAY, for Thermoplastic Traffic Striping Material, Sprayable, White and Yellow. The binder material shall be Alkyd. Copies of the Caltrans Specification No. PTH- 02SPRAY are available at the Caltrans Transportation Laboratory, Sacramento, California. Thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02ALKYD. Thin-mil thermoplastic material for traffic stripes shall be applied by spray method in single uniform layer at the minimum thickness of 30 mils and not to exceed 45 mils. Thin-mil thermoplastic material shall be applied to the pavement at a temperature between 350º F. and 400º F., unless the manufacturer recommends a different temperature. Page 442 of 607 The Contractor shall adjust the thermoplastic application rate as necessary to achieve the thermoplastic application rate stated above prior to striping. Thermoplastic application rate tests (up to and including 5 thermoplastic application rate tests per day, including the thermoplastic application rate test at the start of each workday) may be conducted at random times and locations throughout each workday at the discretion of the Engineer. Beads Materials: 1. Beads shall be colorless and free from milkiness. 2. No. 2 beads shall be used. 3. Beads shall be kept in a dry storage to prevent moisture absorption. 4. Beads shall be applied uniformly at the rate of five (5) pounds to seven (7) pounds of beads per gallon of paint. 5. Beads shall be uniformly heated to not less than eighty (80) degrees Fahrenheit when applied. The cost of all paints, beads, other material and equipment required to complete the job must be included in the respective lump sum bid item, and no extra compensation will be paid to the contractor. B-27.01 Testing – The paint application rate shall be determined by passing the striper over a metal plate while the paint application system is operating. The flow of glass beads shall be stopped while passing over the metal plate. The Engineer or representative shall measure thickness of the applied thermoplastic immediately after application of thermoplastic on the metal plate. Striping shall not continue if the proper thickness of thermoplastic is not being applied. Adjustments and corrective measures shall be applied to insure that the correct thickness of thermoplastic will be applied. Testing of the thermoplastic application rate, as described above, will be required following any adjustment to the thermoplastic application rate, thermoplastic applicator nozzles, or any other thermoplastic application equipment prior to commencement or re-commencement of striping. The initial testing and re-testing of thermoplastic application rates at any location shall be considered as a single thermoplastic application rate test. B-28.01 Temporary Striping - The Contractor shall install temporary traffic striping tabs on the same day(s) of the cold planning and overlay before the lanes are opened to traffic. The cost of all the temporary striping and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to the contractor. All temporary striping shall be removed prior to the final striping. Page 443 of 607 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. Page 444 of 607 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. Page 445 of 607 EXHIBIT E CITY STANDARD PLANS Page 446 of 607 PV 582 STANDARD SIDEWALK, CURB, AND GUTTER REVISIONS Page 447 of 607 Page 448 of 607 Page 449 of 607 NOTICE INVITING BIDS for 53rd St., 54th St., 55th St., 57th St., & Hampton St. Improvements in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., on April 18, 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 2:00 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, Plans and Specifications are available at no charge at: https://www.planetbids.com/portal/portal.cfm?CompanyID=40532 It is the responsibility of all perspective 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: https://www.planetbids.com/portal/portal.cfm?CompanyID=40532 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 bids website. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for April 11, 2019 at 10:00AM in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is NOT mandatory. City of Vernon Contact Person: Public Works Department Attention: Yesenia Ramirez, Sr. Administrative Assistant Phone: (323) 583-8811 x259 Email: yramirez@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. Page 450 of 607 General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: This project consists of a 3” and a 4” deep removal and replacement of the existing asphalt pavement, along with adjustment of manholes and valves to the new grade. New asphalt shall consist a latex modified asphalt concrete overlay (C2-PG-70-10) installed on one lift. In addition, the project includes the removal and replacement of damaged sidewalk, driveways, and installation of handicap access ramps. To finalize, the streets shall be repainted according to the latest Caltrans standards as noted on the project plans. The Work shall be done in accordance with Contract No. CS-1061 - 53rd St., 54th St., 55th St., 57th St., & Hampton St. Improvements. In the event of any conflicts, refer to the Procedure of Contract Documents contained in the General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. In addition, if the Bidder intends to self-perform the striping work, the Bidder shall satisfy the mandatory qualifications described in the Specialty Contractor Statement of Qualifications applicable to such Work and submit the completed forms with the Bid. Subcontractors listed for the striping 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: This Work must be completed within 45 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. Amount of Liquidated Damages: $1,000 per calendar day 3. Required Construction Staging: Not a part of this contract. 4. Intermediate Completion Milestones: Not a part of this contract. 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $320,000 to $350,000. 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or Page 451 of 607 technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California State License Board as applicable to such self-performed Work. 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. 10. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 11. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. The City has applied and paid for the Governmental Approvals and Utility Fees. 12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable from the Public Works Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of 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. 13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, Page 452 of 607 substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 17. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: February 25, 2019 (Approved as to form by City Attorney) Published: _______ Page 453 of 607 City of Vernon Instructions for Bidders Project: 53rd St., 54th St., 55th St., 57th St., & Hampton St. Improvements for the Department of Public Works City personnel with whom prospective bidders will deal with are: Yesenia Ramirez, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 259. Bid opening date and time: April 18, 2019 at 2:00PM (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Page 454 of 607 Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS – SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. Page 455 of 607 E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for Page 456 of 607 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.” 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises, the Page 457 of 607 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." Subcontractors listed for the striping work must satisfy the mandatory qualifications described in the Specialty Contractor or Subcontractor Statement of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid. Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications and the Specialty Contractor or Subcontractor Statement 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. 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 Page 458 of 607 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. 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. Page 459 of 607 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 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. Page 460 of 607 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 The City of Vernon shall obtain all Governmental Approvals and Utility Fees as required for the construction of this project. The bidder shall not include the direct cost associated with obtaining any permits and its fees, except as otherwise noted in the project specifications. 15. SUBSTITUTIONS Bidders wishing to obtain City’s authorization for substitution of any material, device, product, equipment, fixture, form, or type of construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of ten (10) calendar days prior to the Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall refer to the appropriate provisions in the General Conditions for additional requirements for substitutions. In the absence of a written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. Page 461 of 607 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 City Clerk 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 award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency 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. Page 462 of 607 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. The City will award the Contract based on the lowest total of the bid prices on the base bid and those additive or deductive items that when taken in order from a specifically identified list of those items in the Bid Form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said two (2) copies to Page 463 of 607 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 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. Page 464 of 607 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. 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. Page 465 of 607 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 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 Page 466 of 607 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 467 of 607 BIDDING FORMS Page 26 of 175 Page 468 of 607 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: 53rd_St., 54th St., 55th St., 57th St., &Hampton St. Improvements, Contract No. CS-1061 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: 1. Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Security in the following form (check one): q Cashier's Check ❑Certified Check Bid Bond ❑Cash 5. Bidder's Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Specialty Contractor Statement of Qualifications 9. Contractor Safety Questionnaire 10. Designation of Subcontractors 11. Contractor's Affidavit of Noncollusion 12. Insurance Requirements Affidavit 13. Statement of Disqualification or Debarment. 14. Pre-Bid Site Inspection Certification. B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space below. ~bn~ . If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected. C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully Page 27 of 175 Page 469 of 607 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 and/or any unusual site conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with al conditions and matters which may in any way affect the Work, time of completion or the costs thereof, Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract. Page 28 of 175 Page 470 of 607 PRE-BID SITE INSPECTION —CERTIFICATION: Persons) who inspected site of the proposed Work for your firm: Name: Mike Amundson Date of Inspection Head Estimator Title: Name: Date of Inspection Title: 05/26/19 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 his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. 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 incompliance with federal, state, and local laws. The Bidder declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of the City of Vernon. hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this ~St day of May at Lake Forest California City State Page 29 of 175 Page 471 of 607 Bidder's Proposal Respectfully Submitted NAME OF BIDDER COMPANY NAME: Hardy &Harper, Inc. ADDRESS: 32 Rancho Circle. Lake Forest, CA 92630 CONTACT PERSON: TELEPHONE NUMBER: Steve Kirschner -Vice President 714-444-1851 E-MA~~: ablanchard@hardyandharper.com 714-444-2801 FAX NUMBER: CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 25952 EXPIRATION DATE: 12/31/19 TAX IDENTIFICATION NO.. SURETY COMPANY; 95-2251022 Fidelity &Deposit Company of Maryland 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. Page 30 of 175 Page 472 of 607 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: Title: Printed name of person signing Signature List all d/b/a's: Partnership: ❑General Partner ❑Limited Partner By: Title: Printed name of person signing Signature Corporation: By: Steve Kirschner Corporate Officer Title: Vice President Printed name of person signing ~v J'~~~ Corporate Seal Signature q Joint Venture: ❑Corporation ❑Partnership ~ q Individual ❑Other By: Title: Printed name of person signing Signature Name of all Joint Venturers: [If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Page 31 of 175 Page 473 of 607 Bid Proposal Form that the individual signing has authority to do so.] SCHEDULE OF BID PRICES PROJECT: 53rd St., 54th St., 55th St., 57th St., &Hampton St. Improvements, Contract No. CS-1061 BIDDER'S NAME: Hardy &Harper, Inc. 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 ($ Bid Item Description Units Quantity Unit Cost Amount No. 1. Unclassified excavation —Saw-cut, removal, and CY 155 3o~DD ~(~ ~ ~ ~c . a disposal of asphalt concrete, Portland cement concrete a re ate base &Soil 2. Construct 3.5-inch thick Concrete Sidewalk per City SF 5,570 ~. ~p y~ ~ p~ ~ . o~ Standard Plan No. PV582. Unclassified excavation to be aid b Bid Item No. 1 3. Reconstruct 6" of C2-PG-70-10 over 6" of CM B, SF 650 ~ ~ • 3 Z ~ ~ i q d$ Unclassified excavation to be paid by Bid Item No. 1 4. Remove and Construct Accessibility Ramp per EA 14 ~ Caltrans Standard Plan No. RSP A88A. Unclassified ~~ ~ S SLR ~S ~ ; ~l OU excavation to be aid b Bid Item No. 1 5. Uniform cold plane and dispose of 4-inch thick SF 54,850 • ~ d ~~3qs as halt avement. 6. Uniform cold plane and dispose of 3-inch thick SF 6,060 1, dp ~ ~~~ ~ as halt avement. 7. Construct new 3" thick section of C2-PG-70-10 TON 109 ~ ~ ~~~~ ~ ~ ~ ~ ~ Latex Modified AC Pavement ° ~ 8, Construct new 4" thick section of C2-PG-70-10 TON 1,325 ~ . ~~C~ i 2 g , ~~Z. Latex Modified AC Pavement 9. Striping, Legends, markings, reflectors, etc. on LS 1 22~'~~ ~2~ ~~ various streets as noted on channelization lans. 10. Remove and Replace Manhole Frame and Cover per EA 7 g60•o° ~Q~ (.QSd SPPWC Standard Plan No. 630-4. 11. Prune/Root Shave existing tree roots. EA 8 5ba ~ o ~{ ~ aao 12. Furnish and Install 6' diameter, bicycle/vehicle loop EA 5 CJpp.op Z~~ti-p detector er Caltrans Std. ES-5B T e E. Page 32 of 175 Page 474 of 607 13. Construct 6" thick and 2 feet wide concrete v-gutter LF 120 ~ .~ ~ o~ ~d~ y d o over 6" of CMB. 14. Remove and Dispose of Electro-Matic Plate (Traffic EA 1 ~~ pp~ ~~ dD p Si nal Loo Detection 15. Remove No. 5 Pullbox and Replace with No. 6 EA 2 ~do•oo < < D D O Pullbox er Caltrans Std. Plan ES-8A BASE BID TOTAL ~ I_1 ~iZ„~ WRITTEN AMOUNT 1 C- All other work items, labor, materials, tools and incidentals which are not specifically listed in the abobe bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. 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. Bidder acknowledges that determination of the lowest Bid will be based on the combined total of the amounts entered below for the Base Bid plus all of the listed Bid Alternate items, and that once the low bid is determined on this basis, the City will be free to select Bid Alternates for inclusion in the Work in any order or combination, or to reject any or all Bid Alternates. ADDITIVE ALTERNATE N0. 1: Bid Item Description Units Quantity Unit Cost Amount No. 1. Remove and dispose of 4" thick of existing AC in SF 3,000 Z,po ~ ~po0 between railroad tracks on Heliotro e Avenue 2. Construct new 4" thick section of B-PG-70-10 AC TON 75 ~ ~p.o~ , ~ ~~~ Pavement between railroad tracks on Heliotrope Avenue 3. Mobilization, traffic control, and any other related LS 1 ~ 2 ~ ~g ~ ~ 2~ ~ ~~ cost associated with the removal, disposal, and construction of new pavement between the railroad tracks on Heliotro e Avenue ADDITIVE ALTERNATE N0. 1 TOTAL Z~v-,~I TOTAL BID AMOUNT (Base Bid Sum plus Additive No(s). 1) Dollars ($ ~-~ ~ ~ ~ ~C~ ~ ) Page 33 of 175 Page 475 of 607 (written dollar amount) Respectfully submitted: SlgtlatUr2 Steve Kirschner -Vice President Title 215952 License Number (dollar amount) 32 Rancho Circle. Lake Forest, CA 92630 Address 05/01 /19 Date 12/31 /19 Date of Expiration (SEAL - if Bid is by a corporation) Attest ri en S. au ino3 orporate ecretary Amount of Certified or Cashier's Check or Bid Bond 10% of Bid Amount Name of Bonding Company Commercial Surety Bond Agency Page 34 of 175 Page 476 of 607 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: Fred T. Maas, Jr. Steve Kirschner Kristen S. Paulino Dan T. Maas TITLE: President /Treasurer Vice President Corporate Secretary CEO The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of Hardy &Harper, 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 20.~~ Kristen S. Paulino Secretary's e- rin ~d'~,,1 i ecretary's Signature Bond No.: ~s~ ~ ~ ~ 31 Premium Amount: ~ ~0, 000 ~ v o0 Bond's Effective Date: ~ ~ day of Page 35 of 175 Page 477 of 607 Bond No. CSBA-10637 RECITALS: 1. The City of Vernon, California ("City"), has issued a Notice Inviting Bids for the Work described as follows: Specification No. CS-1061 : ss~d sr.. ~a~h sr., 55th St., 57th St., 8~ Hampton St. Improvements in Vernon, CiA, {°Projects'}. 2. in response to the Notice Inviting Bids, Hardy &Harper, Inc. (Name, address, and telephone of Contractor) 32 Rancho Circle, Lake Forest,CA 92630, (714) 444-1851 ~"Principal"}, has submitted the accompanying Bid for the Project. 3. Principal is required under the terms of the Specification—and all Bidding Documents referenced in it—to furnish a bond with the Bid. 4. The Specification, including aft its amendments and supplements, and Principal's Bid are incorporated into this Band and made a part of it by this reference. OBl.1GATI0N: THEREFORE, for value received, We, Principal and Fidelity and Deposit Company of Maryland (Name, address, and lelephane of Surety) 777 South Figueroa Street, Suite 3900, Los Angeles,CA 90017, (213) 270-0600 {"Surety"), a duly admitted surety insurer under California's laws, agree as follows: 8y this Sond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Ten Percent of Amount Bid Dollars {$10% ) ("the Bonded Sum"}, this amount comprising not less than TEN PERCENT (10°/a) of Principal's Base Bid, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: Commercial Surety Bond Agency, 1411 N. Batavia St., Suite 201, Orange, CA 92867 (Name, address, and telephone) (714) 516-1232 Registered Agent's California Department of Insurance License No. 0680930 THE CONDITION OF THIS BOND'S OBLIGATi~N IS THAT, if: (1) Principal does not (a}withdraw its Bid for the period specified in the Sidding.Qocuments, or—if no period is specified—for ninety (90) calendar days after City awards the Contract forthe Project, or (b} attempt to withdraw its Bid when the requirements of Caiifomia Public Contract Code §5101 of seq., or any successor legislation, are not met; ar (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 Band: 1. Surety's obligations under this Bond are separate, independent from, and rwt contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal, the Principal w~l enter into the Contract with City. 2. No right of action accrues an this Bond to any entity other than City or its successors and assigns. 3. If an action at law or in equity is necessary to enforce ar interpret this Bond's terms, Surety must pay— in addition to tie Bonded Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes. 4. Surety shall mail City written notice at feast 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. Page 36 of 175 Page 478 of 607 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE QF CALIFORN{A ) ss. COUNTY OF } Qn this day of , 20 , before me, name), a Notary Public far said County, persanalky 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 as attorney in fact. thereto as principal; and his/he own name certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL Page 38 of X75 Page 479 of 607 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. Dat2: April 30th, 2019 PRINCIPAL: SURETY: Hardy &Harper, Inc. Fidelity and Deposit Company of Maryland ~-{Company Name} !Company Name) Signature) ;Signature} By: sfi~e ~1 r~~ (Name) Its: ~~~~ ~~IG~~~ _ _ (Title) Address for Serving Notices or Other Documents: 32 Rancho Circle Lake Forest, CA 92630 ~C~i'URA7E SEAL By: Dwight Reilly ;N2me) ItS: Attorney-in-Fact {Title) Address for Serving Notices or Other Documents: 777 South Figueroa Street, Suite 3900 Los Angeles,CA 90017 CORPORATE SEAL n EVIDENGE MUS 7 BE A TTACHED OF THE AUTNORI7Y 0~ ANY PERSON SIGNING AS A?~TORNEY ~~1-FACT. n THE ATTORNEY !N-FACTS SIGIVa TURF MUST BE N07AR2FD. n A CORPORATE SEAL MUST BE IMPRESSED ON TN~S FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORA 770N Page 37 of 175 Page 480 of 607 ACKNOWLEDGMENT A notary public or other officer completing this certifiicate 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 Orange On 4/30/2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~~,5~ ,`,~;.'hFe MELISSA ANN VACCA~ 0 WITNESS my hand and official seal. y= ~.~ ~ r COMM. #2241394 N Notary Public-California ~ `~'~ ORANGE CUlIN7Y ~ x My Comm, Expires May 12, 2(~~2 C~[II OP11\~ Signature _ }., C'`' , c c~ (Seal) Melissa Ann Vaccaro Page 481 of 607 Bond No. CSBA-10637 ZURICH ~~RICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPAi~1Y OF NIARYLAI~TD POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OS'i'ROM and Frank MORONES, all of Orange, California, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH A~~IERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZL1tICH AMERICAN INSURAi~ICE COMPAYY, COLONIC-1L AMERICAi~i CASUALTY AND SURETY COMPANY, and FIDELITY A~1D DEPOSIT COMPAI~IY OF 1~IARYL~~iD, this 6th day of February, A.D. 2019. 4~ ~ ~ ~~ r ~.w '~ O „y~~ ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of February, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and axed my Official Seal the day and yeaz first above written. ``l`~l''¢ uii? ~r,~', 'r'►,r, ►tic,. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Page 482 of 607 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF iv1ARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 30th day of April , 2019 k ~~~ ~ ti.n~ ,~ vlichael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, II, 60196-1056 www.reportsfclaims(a~zurichna.com 800-626-4577 Page 483 of 607 vs. ~..a. ~,..~..s,..c,..c~..A, .c~..c~..c~..~..c~..c~..c~, .c~, c~..~.c.c~..c~, c~..~..s~..c~, .c~..c~..c~..~.c.A..~, c~..c~, ~, es..A .v~, .v,..~, c~ .v~, vs .c~. c~..A, .A . 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 Orange On A rin 130, 2019 before me, Ashlie Blanchard, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Stev Name, of Sign who proved to me on the basis of satisfactory evidence to be the person() whose name( is/aye subscribed to the within instrument and acknowledged to me that he/sD~e/tf~tey executed the same in his/f-~r/their authorized capacity(i~5), and that by his/her/ti~eir signature() on the instrument the person(, or the entity upon behalf of which the person() 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. •°"°''+ ASHUE BLANCHARD .~., ;~.;t; .,•.. Y ~ : COMM. #2279550 M ~' ;Notary Pubiic-California ~ ORANGE COUNTY LL `•~ a ~~' My Comm. F~cpires March 3, 2023 WITNESS my hand and official seal. _ ~~► I~tM Si nature 1z~ ~'`~' g Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: April 30. 2019 Number of Pages: 3 Signers) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signers) Signer's Name: Steve Kirschner D✓ Corporate Officer — Title(s): i~~P Pr~,SsLPnt O Partner — ❑Limited D General q Individual O Attorney in Fact q Trustee D Guardian or Conservator q Other: Signer Is Representing: Hardy &Harper, Inc. Signer's Name: D Corporate Officer — Title(s): q Partner — ❑Limited ❑General q Individual ❑Attorney in Fact D Trustee D Guardian or Conservator q Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 484 of 607 BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 73 1.2 How many years has your organization been in business under its present name? 73 1.2.1 Under what other names has your organization operated? N/A 1.3 If your organization is a corporation, answer the following; 1.3.1 Date of incorporation/organization: o3i~3i63 1.3.2 State of incorporation/organization. 1.3.3 Corporate ID number: 4430~~0 California Fred T. Maas, Jr. 1.3.4 Name of President: 1.3.5 Agent for Service of Process: ste~e K~rs~nner 1.4 If your organization is a partnership, answer the following: 1,4.1 Date of organization/formation: N/~ 1.4.2 Type of partnership (if applicable): 1.4.3 Names) of general partner(s): iv ~PC 1.4.4 List all states in which you are registered and state ID numbers for each: ~ l~ 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: N ~~ 1.5.2 Name of owner: IV ~l ~ 1.6 If the form of your organization is other than those listed above, describe it and name the principals: Page 39 of 175 Page 485 of 607 2. LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or licen~~ numbers, and category of license, if applicable. Ca i ornia 2.2 LiN~~urisdictions in which your organization's partnership or trade name is filed. 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. N/A 3. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel. Asphalt &Paving 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 striping 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: NiA 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? Page 40 of 175 Page 486 of 607 q YES ~NO 4.1.2 A vehicle collision or accident involving your firm's employees? q YES ~NO 4.1.3 Damage to real property arising out of your services or operations? q YES ~NO 4.1.4 Employment-related litigation brought by an employee of your firm? q YES ~NO 4.1.5 Payment to a subcontractor or supplier? q YES ~NO 4,1.6 Defective, deficient, or substandard work? q YES ~NO If the answer to any questions in 4.1,1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts 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 ~NO If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? q YES ~ NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, Page 41 of 175 Page 487 of 607 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 (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail,) q YES NO If YES, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? q YES ~NO If YES, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony? q YES ~I NO If YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. 4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? q YES ~NO If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain. Page 42 of 175 Page 488 of 607 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 is "Yes", please provide the details of such complaint. q YES ~NO 5. FIRM'S OPERATIONAL STATUS 5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? q YES ~NO If YES, list the filing date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status. Attach additional sheets as necessary. 5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions? q YES ~NO If YES, list the filing date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? q YES ~NO If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE 6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? q YES ~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 Page 43 of 175 Page 489 of 607 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 ~NO If YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a "non-responsible" bidder. Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a contract or an agreement with a government entity or a client? q YES ~NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? q YES NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fulfill or perform —either partially orcompletely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? q YES ~NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement? q YES ~NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to. (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? Page 44 of 175 Page 490 of 607 q YES NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a government entity or a client ever terminated, suspended, or non-renewed your firm's contract or agreement before its completion? q YES NO If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? q YES ~NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary, 6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? q YES NO If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years, has an insurance company or a surety company. 7.1.1. Refused to insure your firm for liability coverage? q YES NO 7.1.2. Canceled ornon-renewed your firm's insurance coverage? q YES ~NO 7.1.3. Refused to issue your firm a bond? q YES ~NO 7.1.4. Canceled or revoked a bond obtained by your firm? q YES ~NO Page 45 of 175 Page 491 of 607 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 ~0 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. 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: Fidelity &Deposit Company of Maryland 8.2 Name and address of a~ent: Commercial Surety Bon Agency 1411 N. Batavia St. Orange, CA 92867 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 represe ~i~t~~.;i~ made herein are true and correct. Signature of Bidder ____ _. _, Steve Kirschner -'✓icc ~'+~sident Page 46 of 175 Page 492 of 607 BIDDER'S EXPERIENCE FORM 53rd St., 54th St., 55th St., 57th St., &Hampton St. PROJECT NAME: Improvements Hardy &Harper, Inc. COMPANY NAME: CONTRACT N0. CS-1061 ***Please use additional sheets if necessary List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START DATE END DATE $AMOUNT AGENCY ADDRESS CONTACT NAME NUMBER 1 3 nces. All of the above ~Yat:;~~~e~is ac to experience are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guarantee~~ t~; the kidae~. s h ~reby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. _ ,s....--~~, Signature ~f g~~d~~~ 215952 Print name: _ State of Ca~;r~rnia ^ontract~;~~J LivP;~se No. Contractor's License expiration date Steve Kirschner -Vice President 12/31/19 Page 47 of 175 Page 493 of 607 PUBLIC WORKS REFERENCES 2016/2017 Attachment A Owner/Agency Contact Project (Amount & Completion Date) City of .lurupa Valley Mike Myers T.R.I.P Pavement Rehabilitation 8930 Limonite Ave (951 } 332-6464 Phase Jurupa Valley, CA 92509 mmyersCc~jurupavalley.org $1,254,012.21 03/17 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive (949) 644-3340 Rehabilitation Newport Beach, CA 92660 ftran newportbeachca.gov $2,142,045.66 3/17 City of Rancho Cucamonga Romeo M. David Red Hill Park Pedestrian Trail 10500 Civic Center Drive (909) 477-2740 Renovation Project Rancho Cucamonga, CA 91730 Romeo.David(a~cityofrc.us $171,888.70 3/17 City of Riverside Ben Hatheway 2015/2016 CDBG Street and 3900 Main Street (951) 826-5561 ADA Footpath Improvement Riverside, CA 92522 BHathewav(c~riversideca.gov $980,681.29 5/17 City of Signal Hill Anthony Caraveo Willow Street Improvement 2175 Cherry Ave (562) 989-7352 Project Signal Hill, CA 90755 acaraveo~cityofsignalhill.org $922,100.43 6/17 City of Laguna Hills Frank Tran Arterial Pavement Management 24035 EI Toro Rd (949) 644-3340 Project Street Rehabiltation Laguna Hills ftran na newportbeachca.gov $1,375,406.90 6/17 City of Highland John Egan West Highland Bikeways 27215 Base Line (909) 890-1255 Infrastructure &Pavement Impr. Highland, CA 92346 jegan ~a erscinc.com $2,678,788.77 7117 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza (949) 724-6000 Center Drive Bid No. 17-1160 Irvine, CA 92623 bbrown(c~cityofirvine.orq $2,453,343.83 7117 City of Pasadena Tony An Preventitive Maintenance of 100 N. Garfield Ave (626) 744-7403 Street 2016 Pasadena, CA 91109 tanCcr~,citvofpasadena.net $945,932.59 8/17 City of Ontario Miguel Sotomayor ATP Cycle I Safe Routes to 303 East B Street (909) 395-2108 School Sidewalk Improvements Ontario, CA 91764 msotomavorCcr~.ontarioca.gov $824,850.88 10/17 City of Inglewood Hunter Nguyen Streets &Alleys Rehabilitation One Manchester Blvd (310) 412-5333 Project Inglewood, CA 90301 hhunter(cr~cityofinglewood.orq $2,639,330.06 11/17 I Owner/Agency ( Contact Project (Amount & I Comaletion Date) City of Rancho Cucamonga Romeo David Archibald Ave from Hillside Rd Page 494 of 607 PUBLIC WORKS REFERENCES Attachments 2016/2017 10500 Civic Center Drive (909)477-2740 to N. City Limit &Haven Ave Rancho Cucamonga, CA 91730 Romeo.David(c~cityofrc.us Wilson Ave $796,042.98 8/16 City of La Canada Flintridge Greg Kwolek 2016 Citywide Street 1327 Foothill Blvd (818) 790-8880 Resurfacing La Canada Flintridge, CA 91011 gkwolek _Icf.ca.c~ov $1,084,562.67 8/16 City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street (714) 536-5431 from Slater Ave to Warner Ave Huntington Beach, CA 92648 jfuentes(c~surfcity-hb.orp $644,000.00 9/16 City of Claremont Vincent Ramos Residental Slurry Preparation 207 Harvard Ave (909) 399-5396 CIP 2016-02 Claremont, CA 91711 vramos ,ci.claremont.ca.us $579,000.00 10/16 City of Rancho Palo Verdes Lea Reis Residential Street Rehabilitation 30940 Hawthorne Blvd LReisna rpvca.cLov Project Phase Rancho Cucamonga Palos Verdes (310) 544-5307 $2,639,962.68 11/16 City of Cathedral City Bill Simmons Date Palm Dr. &Cathedral 68-700 Avenida Lalo Guerrero (760) 770-0340 Canyon Pavement Rehab Cathedral City, CA 92234 bsimmons (a~.cathedralcitv.gov $939,000.00 11/16 City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Frederick St (951) 413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henry~moval.orq $383,000.00 12/16 City of Chino Hilis Fe Rama FY 2016-2017 Street 14000 City Center Drive frama ~chinohills.orq Improvement Project Chino Hills, CA 91709 (909) 364-2600 $1,039,000.00 12/16 County of San Bernardino Melinda Barnes Slover Ave Phase II 825 East 3rd Street McBarnesCa~dpw.sbcounty.Qov (909) 387-7920 San Bernardino, CA 92415 $2,405,020.32 1/17 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive ftran newportbeachca.gov Rehabilitation Newport Beach, CA 92660 (949) 644-3340 $2,142,045.66 3/17 Page 495 of 607 Owner/Agency Contact Info Project Titie, Amount &Completion Date City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street 714-536-5431 From Slater Ave to Warner Ave Huntington Beach, CA 92648 jfuentes@surfcity-hb.or~ $644,000.00 9/2016 City of Cathedral City Bill Simmons Date Palm Dr &Cathedral Canyon 68-700 Avenida Lalo Guerrero 760-770-0340 Pavement Rehabilitation Cathedral City, CA 92234 bsimmons(~cathedralcity.gov $939,000.00 11/2016 City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Federick Street 951-413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henryn@moval.or~ $383,000 12/2016 City of Chino Hills Fe Rama FY 2016-2017 Street Improvement 14000 City Center Drive 909-364-2600 Project Chino Hills, CA 91709 frama@chinohills.or~ $1,039,000.00 12/2016 County of San Bernardino Melinda Barnes Slover Ave Phase II 825 East 3rd Street 909-387-7920 San Bernardino, CA 92415 mebarnes@dpw.sbcounty.~ov $2,405,020.32 1/2017 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive 949-644-3340 Rehabilitation Newport Beach, CA 92660 ftran@newportbeachca.~ov $2,142,045.66 3/2017 County of Los Angeles Jose Pou 124th Street Et. A) 900 S Fremont Ave 626-458-2191 RDC0013372 Alhambra, CA 91803 jpou@dpw.lacounty.~ov $4,304,600.00 12/2014 City of Palos Verdes Estates Jack Rydell FY 14/15 Street Resurfacing 340 Palso Verdes Dr. West 310-378-0383 Project 14-07 Palos Verdes Estates, CA 90274 jackrydell@caaprofessionals.com $1,187,987.00 12/2014 City of Tustin Eddy Jan 2013-14 Roadway Rehabilitation 300 Centennial Way 714-573-3157 &Sidewalk Repair project Tustin, CA 92780 elan@andpen.com $1,491,543.00 12/2014 City of Pasadena Richard Yee Preventitive Maintenance Street 100 N. Garfield Ave 626-744-4643 Fed ID NO. STPL-5064(081) Pasadena, CA 92570 Richardyee@cityofpasadena.net $1,518,231.24 8/2015 City of Cypress Nick Mangkalakiri 2008/09 Overlay Project 5275 Orange Ave 714-229-6729 Cypress, CA 90630 nman~kalakiri@cypressca.or~' $1,366,000.00 6/2009 City of Huntington Beach Eric Charlonne Rehabilitation of Center 2000 Main Street 714-536-5430 Magnolia &Springdale Huntington Beach, CA 92648 echarlonne@surfcity-hb.or~ $2,393,000.00 8/2012 City of Laguna Niguel Frank Borges 10-11 Overlay &sub Drain 27791 La Paz Road 949-362-4325 Improvement Laguna Niguel, CA 92677 fbor es ci.la una-ni uel.ca.us $1,573,000.00 4/2011 City of Desert Hot Springs Hal Goldenberg 2012 Street Rehabilitation 65-950 Pierson Blvd 760-329-6411 Program Phase 2 Desert Hot Springs, CA 92240 h~oldenber~@cityofdhs.or~ $1,212,000.00 11/2012 City of Perris Chris Sunde 2012 Grind &Overlay 101 N "D" Street 951-943-6504 Rehabilitation Perris, CA 92572 Chris@trilakeconsultants.com $789,000.00 11/2012 Page 496 of 607 City of Pasadena Elvin Jiang 2009 Resurfacing of Streets 100 N. Garfield Ave 626-744-6912 Pasadena, CA 92570 elvinjiang@cityofpasadena.net $4,473,000.00 12/2010 City of Laguna Niguel Frank Borges Marina Hills Neighborhood 27791 La Paz Road 949-362-4325 Pavement Rehabilitation Project Laguna Niguel, CA 92677 fbor~es@ci.la~una-ni~uel.ca.us $3,738,000.00 5/2018 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street 951-961-5363 Riverside, CA 92501 tn~uyen@dpw.sbcounty.~ov $1,305,000.00 4/2014 City of Westminster Tuan Pham Brookhurst Street 8200 Westminster Blvd 714-548-3456 Westminster, CA 92683 tpham@westminster-ca.~ov $1,116,920.00 3/2014 City of Riverside Steve Howard Arterial Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard@riversideca.~ov $4,444,000.00 3/2014 City ofJurupa Valley Mike Myers TRIP Pavement Rehabilitation 8939 Limonite Ave 951-332-6464 Phase Jurupa Valley, CA 92509 mmvers@jurupavalley.or~ $1,254,012.21 3/2017 City of Laguna Hills Kenneth H. Rosenfield Arterial Pavement Management 24035 EI Toro Rd (949) 707-2655 Project Street Rehabilitation Laguna Hills, CA krosenfield@la~unahillsca.~ov $1,275,406.90 S/2017 City of Highland John Egan West Highland Bikeways 27215 Base Line 909-890-1255 Infrastructure &Pavement Improv Highland, CA 92347 jean@erscinc.com $2,678,788.77 7/2017 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza 949-724-6000 Center Drive Irvine, CA 92623 bbrown@cityofirvine.or~ $2,453,343.83 7/2017 City of Riverside Steve Howard Minor Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard@riversideca.~ov $1,543,000.00 4/2014 County of San Bernardino J.D Gayman San Bernardino Ave 825 East 3rd Street 909-387-7924 San Bernardino, CA 92415 jd~ayman@dpw.sbcounty.~ov $1,577,000.00 6/2014 City of Inglewood Hunter Nguyen Street &Alleys Rehabilitation One Manchester Blvd 310-412-5333 Project Inglewood, CA 90301 hhnter@cityofin~lewood.or~ $2,639,330.06 11/2017 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 30111 Crown Valley Parkway 949-362-4325 &Via Vetti Pavement Rehabilitation Laguna Niguel, CA 92677 fbor~es@ci.la~una-ni~uel.ca.us $1.226.861.00 9/2015 City of Norco Bill Thomas FY 2015-16 Annual Minor Street 2870 Clark Ave 951-735-3900 Rehabilitation Phase Norco, CA 92860 bthomas@ci.norco.ca.us $777,000.00 10/2015 City of Simi Valley Fuad Shamout FY 2015-16 Annual Minor Street 2929 Tapo Canyon Road 805-318-0661 Rehabilitation Simi Valley, CA 93063 fshamout@simivalley.or~ $1,213,960.50 11/2015 City of Walnut Natalie Avila Area 1 & 2 Street Resurfacing 21201 La Puente Rd 909-594-9702 project Page 497 of 607 (Walnut, CA 91789 Inavila@rka~roup.com ($1,076,200.00 11/2015 I Page 498 of 607 CONTRACTOR SAFETY QUESTIONNAIRE Company Name. Hardy &Harper, Inc. Primary Type of Work: Asphalt & Pa"'ng Person Completing Form: Tlt~e: Vice President 05/01 /19 Date. Steve Kirschner Ph011e NUCYIbeI': 714-444-1851 SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 2~ 16 ~ o I 20 17 20 ~ s , c~ 2. List your company's number ofinjuries/illnesses from your OSHA 300 logs for the three most recent years. 20~ 20 20 ~ a. Fatalities ~ b. OSHA recordable incidents -~~~~~ ~~ c. Lost work day incidents 5 _~ t d. Total lost work days ~ ~o e, Total hours worked 2~ 2,~ ?,52, ( 31 12 u 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 e). Training Plans and current year-to-date b). Verification of ERM from your insurance carrier ~. Training Certificates for Employees c). Injury/Illness Report g). Emergency Response Training d). Complete written Safety Program 4. Company Safety Contact: a. Name Chris Icamen 714-444-1851 b. Phone 1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium. Page 48 of 175 Page 499 of 607 CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written safety program manual? e No 1) Last revision date b. Do you have a written safety field manual? , e No c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? ~(e No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of ~e No the company? b. Do you have a disciplinary process for enforcement ~e No of your safety program? c. Does management set corporate safety goals? 'e No d. Does e utive management review: ~ccident reports? es No afety statistics? No Inspection reports? No e. Do you safety pre-qualify subcontractors? ~~e No f. Do you have a written policy on accident reporting es No and investigation? g. Do you have alight-duty, return-to-work policy? ~ No h. Is safety part of your supervisor's performance evaluation? 1'~s No i. Do you have a personal protective equipment (PPE) policy? ~ No j. Do you have a written substance abuse program? Y~ No If yes, o s it include (check all applicable xes); re-employment testing turn-to-duty testing ~andom testing ' ciplinary process easonable cause testing A~~ol testing [~ast accident testing [~lational Institute on Drug Abuse nel Screen k. Does each level of management have assigned safety es No duties and responsibilities? Page 49 of 175 Page 500 of 607 3. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? ~:~'s No b. Do you conduct site safety orientation for every ~~e No person new to the job site? c. Does your safety program require safety training meetings? ~ No for each supervisor (foreman and above)? How ofte %~ [Weekly ❑Monthly ❑Quarterly ❑Annually ❑Other d. Do you hold tool box/tailgate safety meetings focused on our specific work operations/exposures? How oft ? Weekly ❑Daily ❑Other e. Do you require equipment operation/certification training? 4. ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? If yes, chec hich apply; ,P're project/task planning ~~ ecord keeping afety committees _,~-IAZCOM `Substance abuse prevention ~ Return-to-work b. Do you have project safety committees? le No ~s No ~`~ ergency procedures ~dits/inspections cident investigations/reporting inin documentation 9 azardous work permits Subcontractor prequalification c. Do you conduct job site safety inspections? How often? q Daily Weekly ❑Monthly ❑Other. ~`(e No Y'g.~ No Do these inspections includes a routine safety inspection of equipment (e.g., scaffold, ladders, fire extinguishers, etc.)? ~ No l'.~ d. Do you inv~ tigate accidents? l~ No How are fey reported? tal company s erintendent [~ ro'ect ro~ect mana er p J P J 9 By foreman In accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings? ~ No Page 50 of 175 Page 501 of 607 Do ou erform ri in and .f` tirf n checks rior t iftin ? ~ es No Y 99 9 9 P 9 For personnel [For equipment Heavy lifts more than 10,000 Ibs.) WORK RULES a. Do you periodically update work rules? ~ No When was the last update? ~.b ~ What ~k practices are addressed by your work rules? [~ PR/first aid Access—entrances/stairs Barricades, signs, Respiratory protection and signals q Blasting Mate ial handling/storage q Co munications q m orary heat q o pressed air and gases V icle safety oncrete work ra is control fined-space entry Site visi scorting anes/rigging and hoisting b 'c protection [~~ctrical grounding uipment guards and grounding E vironmental controls and Monitoring equipment Occupational health ergency procedures Fla able material handling/storage re protection and prevention Site sanita ' n oor and wall openings hing and excavating Fall ~otection ckout/Tagout q usekeeping Ene gized/pressurized equipment ders and scaffolds Mechanical equipment/ P r nal protective equipment maintenance/pre-op checks/ T ols, power and hand operation lectrical power lines q Welding and cutting (hot work) ❑Other 6. OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? Yes b. Were these inspections in response to complaints? Yes c. Have you been cited as a result of these inspections? Yes ~o If yes, describe the citations (add additional sheets if necessary): I ~C Page 51 of 175 Page 502 of 607 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: Hardy &Harper, Inc. Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed, Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor; 2. The trade and type of work that the Subcontractor will perform; 3. Location (address) of Subcontractor's place of business; 4. Subcontractor's license number; 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°/o) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award of Contract, the 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 175 Page 503 of 607 Please type or legibly print (attach additional sheets as necessary). Name of Subcontractor Email Contact Information Trade and Type of Work to be Performed Business Location ~~i or i~ave~m~-rl~ ter; o~ ~,v (.~hS'e S~f'~( ~c~u~,~ v~ ~i e. ~c (V 17~ e ~ ~C ill f~~Y~e~1 c~ p~~~ ar~a~ ~1 'm`'r`c~.~ Uti ~i1~ PC t~"~.~'1~ C~~~l' Cam, C ~;zti'~s@~ P~S~ CUM C-v C M~ ~ ~~L C,~1.,~,\Y CC;YOYIGI ~ C License Number Public Works Contractor Registration Number Dollar ($) Value 1~~3~10 I000ao t ~ lQ giDDo Ls~~~ l b0~oo 1533 ~~ D ~~ 2-t.~~o73 ~ n0000 ~DS~ s~ q DOc= {x-12 C)o 1 ~; ~ ~c~e~ C~ `~ ~~3~ 1 ~ Z Page 53 of 175 Page 504 of 607 The Contractor shall not. A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code; or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 54 of 175 Page 505 of 607 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with his/her Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figur s 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? Yes 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid positories? Yes q No 5. If the answer to No. 4 is "Yes", please explain the following details: (a) Date. (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) 6. Was a conscious effort made to recruit or provide equal opportunit for bids by minority or project area subcontractors? Yes No q 7, Was a conscious effort made to recruit and hire project area lower-inc e residents? Yes No q Please submit statement. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this ~St day of May 2~ 19 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 inform~!tio~ is g~~arant~Pd by the bidder. Name of Company Hardy & Harpe,-, ins. ~— Steve Kirschner -Vice President Title, _ ___ Page 55 of 175 Page 506 of 607 SPECIALTY CONTRACTOR OR SUBCONTRACTOR STATEMENT OF QUALIFICATIONS STRIPING WORK 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 striping Work. This information shall provide evidence to indicate successful experience in providing striping work comparable to that specified in the Project Drawings and Specifications. Referenced qualifications shall demonstrate experience as a successful installer of sprayable thermoplastic striping with thermoplastic legends and raised pavement markers. A Bid maybe 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-32 Parking and Highway Improvement 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 as the installer of a minimum of one linear mile of traffic striping, pavement markers, and pavement markings; each comparable in scope and complexity to this Project, within three (3) years prior to the Bid Deadline. Specialty Contractor Name: Superior Pavement Markings Inc Project Manager /Foreman: Robert Garcia Phone No: (951 545-6279 E-mail: R~hPrt~ pP.riornavementmarkings.com COMPARABLE PROJECTS (Provide at least three (3) projects) 1. Project Name: Citywide Stripina And Pavement Markings Address: Citywide Vernon Date Completed: 213/18 Reference /Contact Name: Vincent A Rodriquez Reference /Contact Phone No: (323) 583-8811 Description of work performed. Traffic Striping And Pavement Markings 2. Project Name: 2018 Striping Address: Citywide San Dimas Date Completed: 6/30/2018 Reference /Contact Name: John Campbell Reference /Contact Phone No: (909 394-6270 Description of work performed. Traffic Striping, Markings, Rpms, And Striping Removals Page 5 6 of 17 6 Page 507 of 607 3. Project Name: __ Citywide Striping Services Address. Citywide Ontario Date Completed 6/30/18 Reference /Contact Name: Tim Mascot Reference /Contact Phone No: (909) 395-2624 Description of work performed. Traffic Striping, Markings, Rpms, And Removals 4. Project Name. Citywide Striping Address: Citywide Irvine Date Completed: 6/30/18 Reference /Contact Name: Bryon Gemmel Reference /Contact Phone No: (949) 337-7019 Description of work performed: Traffic Striping, Markings, Rpms, And Removals Page 57 of 176 Page 508 of 607 CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA COUNTY OF orange Steve Kirschner being first duly sworn, deposes and says: Vice President That he/she is the (Title of office if a corporation, "sole owner,'. "Partner," or other proper title) of Hardy &Harper, ins. , (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the 53rd St., 54th St., 55th St., 57th St., &Hampton St. Improvements Project; 2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive wifh anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5, That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Page 58 of 175 Page 509 of 607 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DatE~l this ~~St day of _ _ Hardy R,~ Har~;er, Irc. ~ontr~ctur (Please print) ~~~J~ ~Ji/~itractor's :~i~nature Ste~!e Kirschner -Vice President Title May MonthlYear at Lake Forest City CONTRACTOR'S SIGNATURE MUST BE NOTARIZED California State Page 59 of 175 Page 510 of 607 s c~, c~..s~, c~..~a .s~Q.c~, c~ .A .c~..~ _~a .~..c~ .A .c~..c~..v,..c~Q. w..v~ sa o,..v,, v~ .z,, v,..v,..ca .c~..~, w..c~..c~..s~..v..v~, v,..a .m..~ .v„ .c~...,. _~ 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 Orange ) On May 1 2019 before me, Ashlie Blanchard. Notary Public , Date Here Insert Name and Tif/e of the Officer personally appeared Steve Kirschner Name of Signer who proved to me on the basis of satisfactory evidence to be the person() whose name( is/ace subscribed to the within instrument and acknowledged to me that he/sbce/tf~Pey executed the same in his/fir/their authorized capacity(i~fi), and that by his/her/their signature() on the instrument the person(, or the entity upon behalf of which the person() 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. ,t~~°fT~ ASHLIE BLANCHARD WITNESS my hand and official seal. COMM. #2279550 M _ °~' ;Notary Public-California ~ ORANGE COUNTY ~` Signature My Comm. Expires March 3, 2023 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Affidavit of Non-Collusion Document Date: May 1, 2019 Number of Pages: 2 Signers) Other Than Named Above: None Capacity(ies) Claimed by Signers) Signer's Name: Steve Kirschner D✓ Corporate Officer — Title(s): i~~P Pre~dPnt O Partner — ❑Limited ❑General q Individual ❑Attorney in Fact O Trustee ❑Guardian or Conservator q Other: Signer Is Representing: Hardy &Harper, Inc. Signer's Name: q Corporate Officer — Title(s): O Partner — O Limited ❑General q Individual ❑Attorney in Fact O Trustee ❑Guardian or Conservator q Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 511 of 607 THE BIDDER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE 81D FORMS. I, the undersigned (Please check one box) ~ underwriter gent, certify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. If the City of Vemon ("City°) awards the Contractor the Contract for this project, I will be able—within fourteen (14) calendar days after the Contractor is not'rfied of the Contract's award---to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements. wood Gutmann & Bogart Insurance Brokers 5/1/2019 Name of Insurance Company Date Kevin Bogart Kevin Hogart insurance AQent's Name (Printed) (signature) 15901 Red Hill Ave, Suite 100 Tustin Insurance Agent's Name CA 92780 Address City State Zip Code 714-SOS-7000 714-573-1770 SAmjad~wgbib.com Telephone Number FAX Number Email Address Hardy and Harper, Inc Contractor's Name City Specification Number Below Sfafe fhe Name of Insurance Company Providing Coverage: DO NOT write "Will Provide," "To Be Determined," "When Required,° or similar pF~rases. United Specialty Insurance Company Commercial General Liability Zurich American Insurance Company Workers' Compensation Liability City Will Purchase Policy, if required Builders Risk Zurich American Insurance Company Automobile Liability Evanston Insurance Company Pollution Liability INOTE TO CONTRACTOR: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance.) NOTE TO THE UNDERWRITER /AGENT: If the insurance forms that the Contractor submits to the City do not #ully comply with the Insurance Requirements, andlor if the Contractor fails to submit the forms within the 14-day time limit, the City may: (i) declare the Contractor's Bid non-responsive, and (2}award the Contract to the next lowest responsible Bidder. Page 60 of 175 Page 512 of 607 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2,~ Article XVIII (~~Ordinance'~. The Ordinance requires that service contractors providing labor or services to the City by contract in excess of $25,000: Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any time, provide labor or delivery services to the City of Vernon. Additionally, on July 1st of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area,~for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 1st, to remain in compliance. Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. ¨ If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay. and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made. Hardy &Harper, ir,c. will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties ~s stated in Vernon Municipal Code Chapter 2 Article XVIII. Steve Kirschner -Vice President ~~ e 05/01/19 (Title) (signature) (Date) ?1.-ease retur=n tY:i~ firm with your bid/proposal. Questions concerning the Living Wage Ordinance should be direc:e~. tc~ the Department of Finance —Purchasing Division 323.583.8811. Page 61 of 175 Page 513 of 607 CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1435 Internet: www.cityofvernon.org Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA-1) Article II. Vendor List Questionnaire (Forms AA-2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company: Hardy &Harper, Inc. Business Telephone: 7~4-444-1851 Address: 32 Rancho Circle Clty: Lake Forest Contact Person Fax Number: X14-444-2801 State: CA Zip 92630 Steve Kirschner -Vice President Tax ID Number (or Social Security Number) Remit Address (if different) NIA (optional) E-mail Address ablanchard@hardyandharper.com 95-2251022 (optional) Please state clearly and concisely the types) of goods and services your company provides: Asphalt &Paving The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female Page 62 of 175 Page 514 of 607 Proiect Workforce Utilization (Form AA-2~ This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of ew hir s an a a esul of this c ntract. Hardy &Harper, Inc. r ~ '~11 Name of Company: Project: J'3 d~, ~~ ~~s~ , ~~1 ~} , ~~'1an'll~Yl 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 0 rl r r~s ~r- Are any current employees or potential new hires Vernon residents? If so, how many? ,, r /~ rv, Page 63 of 175 Page 515 of 607 Current Permanent Workforce Utilization (Form AA-3) Name of Company: ~~~~ ~~~~ 111~ Project: 3rd ~~ 5`ft~.5~ ~hs~~ 6~~^s~- ~• tlaxrlp~-Dvl Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups. White (not of Hispanic origin) African-American (not of Hispanic origin) Hispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION y~j~--G ~' I(i ~ ~f W ' ~ ~ j dX~IG officials/ Managers ~~. ~ ! ~ ~ ~ 3 Professionals 2 ~' 3 ~ '~- Technicians z ,~f 1.~ ~f f'?S ~~ Office/Clerical ~ ~f ~ ~ ~J -{~ Skilled Craft Workers ~ ~ `Z ~ ~ ~ ~ ~, Operators (semi-skilled) ~ ~ ~ ~,. Laborers 2 ~j-Zp ~f ~ ~ 'Z ~ ,g~ Service Workers I p l 1(~ ~- ~ ~J 2 (~ ,gam TOTAL ~~ ~f ~~ ~f ~ ~ ~Q~ ~Z Page 64 of 175 Page 516 of 607 City Council Agenda Item Report Agenda Item No. COV-284-2019 Submitted by: Maria Ayala Submitting Department: City Clerk Meeting Date: June 18, 2019 SUBJECT A Resolution calling for the Special Municipal Election to be Held on October 15, 2019, for the Election of a Certain Officer and a Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of the Special Municipal Election Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution calling for the holding of the Special Municipal Election to be held on October 15, 2019 for the Election of a City Councilmember to fill the unexpired term of former Councilmember Yvette Woodruff-Perez; and C. Adopt a Resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the city relating to the conduct of the Special Municipal Election to be held on October 15, 2019. Background: On October 15, 2019, The City of Vernon will conduct a Special Municipal Election ("election") for the purpose of electing one member of the City Council to fill the unexpired term of former Councilmember Yvette Woodruff-Perez. The City Council is required to adopt a resolution calling for the special election. In addition, the City Clerk's office will require the Los Angeles County Election Department to prepare and furnish the City various listings and computer records of the names and addresses of eligible registered voters in the City of Vemon, provide voter signature verification services, and to make available to the City additional election equipment and assistance according to state law for the conduct of the Special Municipal Election. The request for assistance from the County is made by City Council resolution. Fiscal Impact: Cost to conduct the election is estimated to be about $15,000. Funds for the cost will be budgeted in the FY 2019/2020 Budget. ATTACHMENTS 1. Calling October 15, 2019 Special Municipal Election - Resolution 2. Requesting County Services for October 15, 2019 Special Municipal Election - Resolution Page 517 of 607 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, CALLING FOR THE HOLDING OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, OCTOBER 15, 2019, FOR THE ELECTION OF A CERTAIN OFFICER AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF VERNON WHEREAS, in light of a vacancy on the City Council, and as required under the provisions of the Charter of the City of Vernon, a Special Municipal Election shall be held on October 15, 2019, for the election of a Municipal Officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: Pursuant to the requirements of the Charter of the City of Vernon and the Code of the City of Vernon, there is called and ordered to be held in the City of Vernon, California, on Tuesday, October 15, 2019, a Special Municipal Election (the “Election”) conducted by all-mail ballot for the purpose of electing one (1) Member of the City Council to fill the unexpired term. SECTION 2: The ballots to be used at the election shall be in form and content as required by law. SECTION 3: The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election by all mail ballot. SECTION 4: Pursuant to the Code of the City of Vernon, and other applicable provisions of the Charter of the City of Vernon and Ordinances of the City of Vernon, said Election shall be conducted by Page 518 of 607 - 2 - all-mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and Ordinances of the City of Vernon. Mail ballots in this Election shall be timely cast if they are received by the office of the City Clerk in accordance with California Elections Code Section 4103, as amended by Senate Bill 29. As fully set forth in California Elections Code Section 4103, mail ballots shall be timely cast if they are received by the Office of the City Clerk no later than three (3) calendar days after election day, and in accordance with Elections Code Section 4103(b). SECTION 5: That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 6: In all particulars not recited in this resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 7: Notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8: The City Clerk shall publish not later than twenty (20) days prior to the Special Municipal Election, a notice with Page 519 of 607 - 3 - the designated ballot drop-off locations and the election officers for the ballot drop-off locations. The notice shall be posted at the Vernon City Hall main entrance bulletin board, at the Office of the City Clerk, and at the designated ballot drop off locations; and shall remain so posted until the day following the Election. SECTION 9: The City Clerk is directed to forward without delay to the County Election Department a certified copy of this resolution at the following address: Mr. Dean C. Logan Registrar-Recorder/County Clerk Election Coordination Unit 12400 Imperial Highway, 2nd Floor, Room 2003 Norwalk, CA 90650 SECTION 10: The City Council of the City of Vernon authorizes the City Clerk to administer said Election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / Page 520 of 607 - 4 - SECTION 11: 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 18th day of June, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney Page 521 of 607 - 5 - 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 18, 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 522 of 607 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, OCTOBER 15, 2019 WHEREAS, on October 15, 2019, a Special Municipal Election will be held in the City of Vernon (the “City”), California; and WHEREAS, in the course of conducting the election it is necessary for the City to request services of the County of Los Angeles (the “County”); and WHEREAS, all necessary expenses in performing these services shall be paid by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, the Vernon City Council requests that the Los Angeles County Board of Supervisors permit the County Election Department to prepare and furnish the following for use in conducting its election: 1. A listing of County precincts with the number of registered voters in each, so the City may consolidate election precincts into City voting precincts, and maps of the voting precincts; 2. The computer record of the names and addresses of all eligible registered voters in the City in order that the City may: a. Produce labels for vote-by-mail voters; Page 523 of 607 - 2 - b. Print Rosters of Voters and Street Indexes; 3. Voter signature verification services as needed; 4. Make available to the City election equipment and assistance as needed according to state law. SECTION 2: The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3: The City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution at the following addresses: a. Board of Supervisors, County of Los Angeles Attn: Ms. Lori Glasgow, Executive Officer Kenneth Hahn Hall of Administration 500 West Temple Street, Room 383 Los Angeles, CA 90012 b. Mr. Dean Logan Registrar-Recorder/County Clerk Election Coordination Unit 12400 Imperial Highway, 2nd Floor, Room 2003 Norwalk, CA 90650 / / / / / / / / / / / / / / / / / / / / / / / / Page 524 of 607 - 3 - SECTION 4:The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of June, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney Page 525 of 607 - 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 18, 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 526 of 607 City Council Agenda Item Report Agenda Item No. COV-247-2019 Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: June 18, 2019 SUBJECT A Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(b)(1) and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan adopting the following revised job descriptions effective June 18, 2019: -Utilities Operations Manager 2) Amend Exhibit A, Classification and Compensation Plan adopting the correction of employee group designation for the following classification effective June 18, 2019: -Assistant Fire Marshal FM Grade 29 to Assistant Fire Marshal M Grade 29 3) Approve the recommended reclassification of incumbents in certain classifications effective July 21, 2019, as follows: -Current Classification and Salary Grade & Reclassification Recommendation and Salary Grade Administrative Assistant Confidential (Grade 13) to Administrative Secretary (Grade 20) Two (2) Associate Engineers (Grade 29) to Project Engineers (Grade 31) Information Technology Technician (Grade 22) to Information Technology Analyst (Grade 26) 4) Amend Section 11: Automobile Allowance and Reimbursement for Expenses of the Fringe Benefits and Salary Resolution effective June 18, 2019, as follows: -Add the classification title of Environmental Health Program Administrator, to be eligible for a $400/month automobile allowance; -Correct the classification title of Finance Director to Director of Finance/City Treasurer; -Correct the classification title of Health Director to Director of Health and Environmental Control Page 527 of 607 Background: As part of the annual classification review process, the Human Resources Department conducted a review of five reclassification requests. As a result, staff is recommending City Council approval of four (4) reclassifications. The Department also received a job description revision request and staff is recommending City Council approval of this revised job description. Revised Job Description Revisions to the existing job description for Utilities Operation Manager are being recommended to include coordination across all public utility enterprises, not exclusivity to electric utilities (as currently written). Classification and Compensation Plan Correction Upon recent review of the Classification and Compensation Plan, a needed correction was identified. The Assistant Fire Marshal Classification was originally approved and adopted as a non-safety management position. However, when the Classification and Compensation Plan was revised and adopted with various recommended changes during the City Council meeting of July 19, 2016, the management designation was inadvertently changed to Fire Management (FM). Staff is recommending a correction in the classification designation to reflect the original designation of non-safety management (M). Reclassifications Human Resources staff received requests for reclassifications from seven (7) employees in seven separate classifications. Following thorough review, a total of four (4) have been recommended for approval. Consistent with the City’s Reclassification Policy, reclassification is defined as the reallocation of a position in one classification to a different classification as a result of a significant change in the duties, responsibilities, and/or qualification requirements of the position. Employees requesting reclassification completed a position description questionnaire which outlines the duties they perform. The request is routed through the appropriate Department Director who concurs or provides any additional clarification prior to submitting the information to Human Resources for review and analysis. A reclassification is typically recommended when the incumbent employee has been performing significantly different work or work at a different level of responsibility or complexity than is reflected in their current job description in excess of one year. Following review by Human Resources, recommendations are sent to the City Administrator for approval. As specified above, staff is recommending the following reclassifications: One Administrative Assistant (Confidential) to Administrative Secretary Two Associate Engineers to Project Engineers One Information Technology Technician to Information Technology Analyst Section 11 Amendment Staff recommends that City Council approve the following amendment to the Automobile Allowance and Reimbursement for Expenses of the Fringe Benefits and Salary Resolution: Add Environmental Health Program Administrator to be eligible for a $400/month automobile allowance. Additionally, staff is recommending the correction of classification titles for the Director of Finance/City Treasurer and Director of Health and Environmental Control to reflect their accurate titles. Page 528 of 607 Fiscal Impact: The additional estimated annual cost of the recommended reclassifications is $29,859 including salary and salary related benefits. Adequate funds are to be included in the 2019/2020 fiscal year budget to cover the additional costs associated with all of the reclassification recommendations included above. Approval of the recommended changes to the Automobile Allowance and Reimbursement of Expenses section of the Fringe Benefits and Salary Resolution will result in an additional cost of approximately $4,800 per year with the addition of the Environmental Health Program Administrator as a classification to receive a monthly auto allowance. Adequate funds are available in the Health and Environmental Control Department budget to cover this additional cost. ATTACHMENTS 1. Resolution - Amended and Restated Citywide Fringe Benefits and Salary Resolution 2. Job Description - Utilities Operations Manager Page 529 of 607 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDED AND RESTATED CITYWIDE FRINGE BENEFITS AND SALARY RESOLUTION IN ACCORDANCE WITH GOVERNMENT CODE SECTION 20636(b)(1) AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on December 18, 2018, the City Council of the City of Vernon adopted Resolution No. 2018-50, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution; and WHEREAS, by memorandum dated June 18, 2019, the City Administrator, in conjunction with the Director of Human Resources, has recommended the adoption of an amended and restated Citywide Fringe Benefits and Salary Resolution and Classification and Compensation Plan to amend Exhibit A to the Classification and Compensation Plan, to make the following change effective June 18, 2019: (i) adopt the revised job description of the Utilities Operations Manager, (ii) adopt the corrected employee group designation of the Assistant Fire Marshal and (iii) amend subsection C of Section 11 regarding Automobile Allowance and Reimbursement for Expenses; and WHEREAS, by the same memorandum dated June 18, 2019, the City Administrator in conjunction with the Director of Human Resources, has recommended the adoption of an amended and restated Citywide Fringe Benefits and Salary Resolution and Classification and Compensation Plan to amend Exhibit A to the Classification and Compensation plan, to make the following changes effective July 21, 2019: (i) approve the reclassifications of incumbents in certain classifications; and WHEREAS, to reflect the above-referenced changes, the City Council desires to adopt an amended and restated Citywide Fringe Benefits and Salary Resolution, a copy of which is attached hereto as Page 530 of 607 - 2 - Exhibit A. 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 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. SECTION 3: Effective June 18, 2019, the City Council of the City of Vernon hereby approves the amended and restated Citywide Fringe Benefits and Salary Resolution to (a) adopt the revised job description of the Utilities Operations Manager, (b) adopt the corrected employee group designation of the Assistant Fire Marshal and (c) amend subsection C of Section 11 regarding Automobile Allowance and Reimbursement for Expenses, a copy of which is attached hereto as Exhibit A. SECTION 4: Effective July 21, 2019, the City Council of the City of Vernon hereby approves the amended and restated Citywide Fringe Benefits and Salary Resolution, to approve the reclassifications of incumbents in certain classifications. SECTION 5: All resolutions or parts of resolutions, specifically Resolution No. 2018-50, not consistent with or in conflict with this resolution are hereby repealed. / / / / / / Page 531 of 607 - 3 - SECTION 6: 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 18th day of June, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney Page 532 of 607 - 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 18, 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 533 of 607 1 City of Vernon FRINGE BENEFITS AND SALARY RESOLUTION Adopted December 18, 2018June 18, 2019 Page 534 of 607 2 TABLE OF CONTENTS FRINGE BENEFITS AND SALARY RESOLUTION PART 1 – FRINGE BENEFITS Introduction: ........................................................................................................ 4 Section 1: Holiday............................................................................................. 5 Section 2: Administrative Leave Time .............................................................. 6 Section 3: Overtime .......................................................................................... 8 Section 4: Compensatory Time ....................................................................... 10 Section 5: Court Time ...................................................................................... 11 Section 6: Vacation .......................................................................................... 12 Section 7: Sick Leave ...................................................................................... 14 Section 8: Family Sick Leave (Kin Care) ........................................................ 17 Section 9: Bereavement Leave ....................................................................... 18 Section 10: Jury Duty ....................................................................................... 20 Section 11: Automobile Allowance and Reimbursement for Expenses ............. 21 Section 12: Health Insurance ............................................................................ 23 Section 13: Dental Insurance ............................................................................ 24 Section 14: Vision Insurance ............................................................................. 25 Section 15: Life Insurance ................................................................................. 26 Section 16: Deferred Compensation Plan ......................................................... 27 Section 17: CalPERS Retirement Plan .............................................................. 28 Section 18: Retiree Medical Insurance .............................................................. 30 Section 19: Longevity Program ......................................................................... 32 Section 20: Bilingual Pay ................................................................................... 34 Section 21: Uniform Allowance .......................................................................... 35 Section 22: Stand-by Policy ............................................................................... 36 Section 23: Per Diem ………………………………………………………………...38 PART II – CLASSIFICATION AND COMPENSATION Section 1. Purpose .......................................................................................... 40 Section 2. The Compensation Plan ................................................................. 40 Section 3. The Classification Plan ................................................................... 40 EXHIBIT A – CLASSIFICATION AND COMPENSATION PLAN ................................ 41 Page 535 of 607 3 Page 536 of 607 4 PART 1 FRINGE BENEFITS Page 537 of 607 5 INTRODUCTION The Fringe Benefit and Salary Resolution shall apply to all employees and officers of the City of Vernon. Exceptions, additions, and/or limitations to this basic policy may be found in respective Memoranda of Understanding or employment contracts. The existence of these policies shall not create or imply any employment contract or vested right of employees. For those employees covered in respective memoranda of understanding (MOU), the provisions set forth in the applicable MOU shall prevail in the event that there is any conflict between provisions established in this Resolution and any provisions established in the respective MOU. The provisions set forth in this Resolution or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein. PART 1 – FRINGE BENEFITS Section 1. HOLIDAYS A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays. B. The dates for observation of holidays shall be approved by the City Council. C. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as an authorized holiday to employees. D. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus his/her regular hourly rate including any applicable overtime pay for the actual hours he/she was required to work on the authorized holiday. E. Temporary and part-time employees are not eligible for paid holidays. G. All full-time employees may use vacation time or compensatory time for a religious holiday (not listed herein as an authorized holiday) with the prior approval of the department head. If there is insufficient accumulated time, the employee may request the time as unpaid leave of absence. Page 538 of 607 6 TABLE 1 - HOLIDAY HOLIDAY January 1st - New Year’s Day 3rd Monday in January - Martin Luther King Jr. Day 3rd Monday in February - Presidents Day March 31st - Cesar Chavez Day The Last Monday in May – Memorial Day July 4th – Independence Day The 1st Monday in September – Labor Day The 2nd Monday in October – Columbus Day November 11th – Veterans Day The 4th Thursday in November - Thanksgiving Day December 24th – Christmas Eve December 25th – Christmas Day December 31st – New Year’s Eve And other days as such designated by City Council. Page 539 of 607 7 Section 2. ADMINISTRATIVE LEAVE A. Executive and Management - Includes City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors shall receive, effective January 1 of each calendar year, 80 hours of Administrative leave. B. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. C. Executive and Management staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: D. Mid-Management – Staff who are designated as exempt in accordance with the Fair Labor Standards Act shall receive, effective January 1 of each calendar year, 60 hours of Administrative leave E. The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. F. Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on or Between Administrative Leave January 1 – March 31 60 hours April 1 – June 30 45 hours July 1 – Sept. 30 30 hours Oct 1 – Dec. 31 15 hours G. All Administrative leave requests should be approved by the department head or City Administrator at least ten days in advance of the date to be taken, although Hired, Promoted, or Reclassified on or Between Administrative Leave January 1 – March 31 80 hours April 1 – June 30 60 hours July 1 – Sept. 30 40 hours Oct 1 – Dec. 31 20 hours Page 540 of 607 8 the department head retains discretion to approve the use of Administrative Leave in special circumstances. H. The City Administrator or his/her designee may grant additional administrative leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. Page 541 of 607 9 Section 3. OVERTIME A. It shall be the duty of all department heads to operate their respective departments with a minimum amount of overtime. If the best interests of the City require that an employee work beyond the forty (40) hours of work scheduled, such employee shall be compensated as set forth hereinafter. B. The department head may reschedule the workweek of employees in positions not exempt from the FLSA to allow credit for productive hours actually worked on one day (excluding lunch periods) towards the regular paid workweek schedule. For example, if an employee works twelve (12) hours on one day (based on a ten (10) hour day), the entire twelve hours will be recorded on the time card as paid worked time. In this example, the department may schedule the employee to work only eight (8) hours on one of the other scheduled workdays in the workweek, as long as the employee’s hours for the workweek do not fall below the minimum paid work hours schedule. C. All overtime requests must have prior written authorization of the respective department head or designee prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. D. Except as may be provided in specific memoranda of understanding, employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. F. In the event a part-time or temporary employee is required to work beyond his/her assigned working hours, compensation shall be at the normal hourly rate up to forty (40) hours per workweek. For hours worked beyond forty (40) in a workweek, such employee shall be compensated at the rate of one and one-half of (1.5) said employee’s hourly rate. G. If an employee works on his/her regular day off, the employee will receive paid compensation or receive compensatory time, at the employee’s discretion. With a mutual agreement between an employee and his/her supervisor, an employee’s regular day off may be rescheduled to another day off in the same pay period. I. An employee is expected to begin work no more than five (5) minutes prior to the beginning of his or her scheduled start time, and to stop work no later than five (5) Page 542 of 607 10 minutes after the end of his or her scheduled ending time. An employee who wishes to begin or end work at a different time must obtain written approval from his or her department head prior to working the different or additional time. J. Straight time and overtime will be compensated in six (6) minute segments of time. K. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime. L. The City Administrator, department heads and those management employees designated by the City Administrator as exempt under the provisions of the Fair Labor Standards Act (FLSA) shall not be subject to the provisions of this section relating to overtime, but shall work such hours as may be necessary for the effective operation of their respective departments. M. Please refer to Human Resources Policy, Salary Plan Administration II-3 Page 543 of 607 11 Section 4. COMPENSATORY TIME A. All regular full-time employees may request to accrue compensatory time in lieu of cash payment for overtime worked. The total compensatory time accrued is calculated by multiplying the number of hours of overtime worked by the applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the department head. B. Compensatory time may be accumulated up to a maximum of eighty (80) hours. It is at the employee’s option whether to receive overtime compensation or compensatory time accruals up to the 80-hour limit. C. Compensatory time shall be taken in 15-minute increments. Scheduling of compensatory time requires prior approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. D. Employees who have reached the 80-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual. Page 544 of 607 12 Section 5. COURT TIME A. The required presence in a court of law of any employee subpoenaed to testify in a matter arising within the course and scope of his/her City employment shall be compensated in accordance with the below provisions. B. For each day that the presence of the employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City, the employee shall be given a paid leave of absence. C. For each day an employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City that is outside of the employee’s regularly scheduled work shift, the employee shall be given a paid leave of absence. D. An employee who needs to appear in court on any other matter not arising out of the course and scope of employment with the City shall be expected to use their accrued paid leave to make such appearance, or unpaid leave if no leave is available. Page 545 of 607 13 Section 6. VACATION A. Except as provided for in respective memoranda of understanding, every full time employee who has been in the continuous employment of the City shall receive annual vacation leave as set forth in below: Mid-Management and Confidential Staff: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 Executive and Management Staff: Include the City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors. Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 120 4.62 5th year thru 10th year 150 5.77 10th year thru 15th year 170 6.54 15th year thru 25th year 185 7.12 25th year and more 190 7.31 B. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. In or about January of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein. C. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual. D. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in writing, within ten (10) business days before the beginning of the vacation. Page 546 of 607 14 Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. E. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process. F. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. G. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence. H. Vacation may be taken prior to the completion of the employee’s probationary period under special circumstances and with the approval of the department head. I. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. J. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken. K. Vacation leave shall be requested in fifteen (15) minute increments. L. The department head retains discretion to cancel previously authorized vacation in the case of an emergency. M. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. Page 547 of 607 15 Section 7. SICK LEAVE A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. B. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period C. Employees shall only receive sick leave accrual while they are in a paid status. D. The City shall allow annual carry-over of sick leave hours for full-time employees up to a maximum accrual cap of 960 hours and 48 hours for eligible part-time/ temporary employees. This bank of carry-over sick leave would provide a cushion for long-term illnesses and injuries. E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will be compensated for at the end of the calendar year at 50% of the employee’s hourly rate. F. Temporary employees are not eligible for cash-out of accrued sick leave hours. G. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated. H. Sick leave shall be allowed on account of actual illness, for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee’s family member (including to care for a parent-in-law, grandparent, grandchild, or a sibling, in addition to child, parent, spouse or registered domestic partner). Sick leave shall also be allowed for an employee for certain purposes related to being a victim of domestic violence, sexual assault, or stalking. Preventive health care shall include medical and dental appointments (if such appointments cannot be arranged other than during working hours) and injury not arising out of and in the course of employment. Sick leave shall be used in increments of fifteen (15) minutes and shall not be taken in excess of time earned at the time it is taken. I. Foreseeable sick leave requires advance notification, while unforeseeable sick leave requires notice as soon as practicable. If sick leave on account of any of the above illnesses exceeds two (2) consecutive working days, the employee, prior to return to work, shall submit a statement of such disability illness or injury from the employee or family member’s physician. The statement shall certify the physical condition of the employee/employee’s family member that prevented the employee Page 548 of 607 16 from performing the duties of said employee’s position during the period of absence. The department head or designee, in accordance with departmental procedure, shall approve all sick leaves. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. J. Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary action. Abuse of sick leave includes, but is not limited to, not adhering to sick leave policies, using sick leave for purposes not enumerated in this policy, and falsifying or misstating facts when using sick leave. A pattern of sick leave usage on Mondays, Thursdays, and immediately before and after holidays and/or vacations may be evidence of sick leave abuse. A violation of this policy will result in corrective action including counseling and/or disciplinary action, and/or a mandatory referral to the City’s Employee Assistance Program. This determination of abuse does not apply to an employee’s use of sick leave under an approved family, medical, and/or pregnancy disability leave in accordance with state and federal laws. K. If in the opinion of the department head it appears that an employee may be establishing a pattern of abuse of sick leave or frequent or excessive absences, a statement establishing the need for sick leave from the employee’s physician may be required as a condition of approved sick leave. L. Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted. M. Employees are required to use accumulated sick leave concurrently with absences on account of a work related injury arising out of and in the course of his/her employment. In cases where the injury suffered is covered by Workers Compensation Insurance, accumulated sick leave must be used concurrently to make up the difference between Workers Compensation Insurance allowance and full base pay. Please refer to Personnel Policy, Family and Medical leave Policy. N. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. O. If an employee retires from the City with 15 or more years of continuous service, but fewer than 20 years, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. Page 549 of 607 17 P. If a temporary employee resigns or the temporary assignment has ended, he/she shall not be eligible for compensation of unused sick leave hours in his/her sick leave bank at the time of separation. Page 550 of 607 18 Section 8. FAMILY SICK LEAVE (KIN CARE) In any calendar year, employees may use the employee’s accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of, the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify. The department head shall approve all family sick leaves and a statement establishing the need for sick leave from a physician may be required as a condition of payment while on such leave. Page 551 of 607 19 Section 9: BEREAVEMENT LEAVE A. Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any “immediate family member” as defined below, including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary. Relative All Regular Employees Spouse 4 work days Child 4 work days Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* 4 work days Sister-in-law* 4 work days *Brother-in-law and sister-in-law are defined as the spouse of the employee’s sibling or the sibling of the employee’s spouse. B. Bereavement leave is paid over a maximum of seven (7) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. C. Bereavement leave must be authorized by the Department head and must be utilized within fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the Page 552 of 607 20 death or of the date of foreseen imminent death and shall not be unreasonably denied. D. Representatives may be authorized by the Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working hours; provided the funeral is held within a reasonable distance of City limits. Page 553 of 607 21 Section 10: JURY DUTY A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the City and the employee shall be entitled only to the jury’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. Page 554 of 607 22 Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR EXPENSES A. Any employee who is required to use said employee’s personal automobile in the course of employment with the City shall be reimbursed for each mile actually traveled on official business in accordance with the per mile reimbursement rate allowed by the Internal Revenue Service in effect at the time of such travel. B. Any employee who is required to travel in the performance of his or her duties or to attend an authorized meeting or conference which is of benefit to the City shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals. Automobile allowance and reimbursement for expenses shall be recommended by the department head or designee and approved by the City Administrator pursuant to the provisions of the City of Vernon Travel and Meeting Expense Reimbursement Administrative Policy. No allowance shall be made for transportation between the employee’s home and the place where such person is normally employed by the City. C. Certain employees serving in specified classifications shall receive a monthly automobile allowance as set forth below and incorporated herein by reference; alternatively, specified employees may opt to receive use of a City- owned vehicle and fuel. Classification Amount City Administrator $600.00 or City Vehicle & Fuel City Attorney $400.00 Economic Development Manager $400.00 Environmental Health Program Administrator $400.00 Finance DirectorDirector of Finance/City Treasurer $400.00 Fire Chief City Vehicle & Fuel Assistant Fire Chief City Vehicle & Fuel Fire Marshal City Vehicle & Fuel Administrative Fire Battalion Chief City Vehicle & Fuel Administrative Fire Captain City Vehicle & Fuel Formatted Table Page 555 of 607 23 Fire Training Captain City Vehicle & Fuel General Manager of Public Utilities $400.00 Assistant General Manager of Public Utilities City Vehicle & Fuel Industrial Development Director $400.00 Utilities Operations Manager City Vehicle & Fuel Utilities Engineering Manager City Vehicle & Fuel Police Chief City Vehicle & Fuel Health DirectorDirector of Health and Environmental Control $400.00 Police Admin. Lieutenant City Vehicle & Fuel Police Canine Officer #1 City Vehicle & Fuel Police Canine Officer #2 City Vehicle & Fuel Police Captain City Vehicle & Fuel Police Lieutenant City Vehicle & Fuel Police Motor Officer #1 City Vehicle & Fuel Police Motor Officer #2 City Vehicle & Fuel Police Sergeant on Detective Duty City Vehicle & Fuel Public Information Officer $400.00 Public Works Director $400.00 D. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otherwise absent the entire calendar month, unless otherwise specified by the City Administrator. E. The City shall not be responsible for repairs or any additional costs for upkeep, fuel, lubrication, replacement in whole or in part, or other expenses in connection with any such vehicle beyond the respective amounts set forth above. Formatted Table Page 556 of 607 24 Section 12: HEALTH INSURANCE A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. B. The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. a. Effective July 1, 2016, employees shall receive a cafeteria plan contribution equal to the total premium costs of the Employee Only, Employee + Spouse, Employee + Child(ren), or Employee + Family Low Medical HMO, lowest cost Dental DMO, and lowest cost vision Plan that corresponds with the employees’ benefit selection or $1,120, whichever is greater. The allotment amounts will vary based on the premium costs that go into effect on January 1st of each calendar year. b. Employees that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable, excess premium costs; however, if employees opt out of dental and/or vision coverage, they may use the allotments for those respective coverages toward excess medical premiums. c. Employees who elect the PPO/HSA coverage shall receive an equal benefit to that described above, less $3,000 on an annual basis, which would instead be deposited to their HSA account. C. City Council members are entitled to the same medical benefits offered to the management and confidential employees. The City shall not pay or reimburse any medical-related health, vision, or dental costs not covered by the City’s insurance program or Medicare for City Council members or their eligible dependents or spouses. D. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PERS long-term health care benefit. Page 557 of 607 25 Section 13. DENTAL INSURANCE The City of Vernon provides a dental insurance plan to full-time employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents (spouse, registered domestic partners and qualified dependents). The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Page 558 of 607 26 Section 14. VISION INSURANCE The City of Vernon provides a vision care plan to full-time employees. The City shall pay 100% of the cost of such a plan for employees only. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. For all itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. Page 559 of 607 27 Section 15. LIFE INSURANCE The City provides a $20,000 life insurance plan to full-time employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. Page 560 of 607 28 Section 16. DEFERRED COMPENSATION PLAN Employees are eligible to participate in the City’s Deferred Compensation Program. Page 561 of 607 29 Section 17. CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) CONTRIBUTION The City advises that it makes no representation to employees as to whether any of the compensation or payments in this document are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this document is not a proper basis on which to pursue any claim or action against the City related to any determination made by CalPERS in connection with this document. MISCELLANEOUS EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan. B. Employees shall be responsible for paying 100% of their PERS employee’s contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov’t Code Section: 21024 - Military Service Credit as Public Service c. Gov’t Code Section: 21624, 21626, 21628 – Post Retirement Survivor Allowance d. Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit d. Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits Page 562 of 607 30 D. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. SAFETY EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time safety employees hired before January 1, 2013 with 3.0% at 50 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS safety members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan. B. Employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov’t Code Section: 20124 - Military Service Credit as Public Service c. Gov’t Code 21574 – 4th Level 1959 Survivor Benefit (Fire members only) d. Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefit (Police members only) e. Gov’t Code Section: 21624, 21626, 21628 – Post Retirement Survivor Allowance f. Gov’t Code Section: 21548 - Pre-Retirement Option 2W Death Benefit (Fire members only) g. Gov’t Code Section 20965 – Credit for Unused Sick Leave D. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. Page 563 of 607 31 Section 18. RETIREE MEDICAL - NON-SAFETY EMPLOYEES A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's medical and/or dental insurance premium(s) for all full-time employees designated as Executive, Management, Mid-Management and Confidential who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Eligible retirees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement up to the then-current lowest cost City-offered Employee-only medical HMO and/or dental HMO insurance premium. Once an eligible retiree opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. Once an eligible retiree who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-current cost of supplemental coverage. B. Eligible retirees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. C. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). D. All full -time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance. E. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. F. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. G. Should the retired employee fail to pay any premiums due for the cost of the insurance premium for the City’s medical-dental insurance program for any two (2) consecutive months, or should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to make further payment under the retiree medical benefits program shall automatically terminate and cease, without the need for further notice. H. The City’s obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee. Page 564 of 607 32 I. The offer of the retiree medical benefits is not a vested right for future years. J. City Council members are entitled to the same retiree medical benefits offered to all full-time regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire. Page 565 of 607 33 Section 19. LONGEVITY PROGRAM A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE JUNE 30, 1994. The City has established a longevity program for all employees. The longevity program described herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or before June 30, 1994. a. Five (5) Years of Service. All eligible employees who have five (5) years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%) per month of their base salary effective July 1, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. b. Ten (10) Years of Service. All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. c. Fifteen (15) Years of Service. All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date. d. Twenty (20) Years of Service. All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. e. Thirty (30) Years of Service – Fire - Sworn All eligible fire employees who have been appointed to a position ranking above Captain and who have thirty (30) years of consecutive uninterrupted service on or before July 1, 1991, shall receive an additional twenty-five percent (25%) of their base salary per month effective July 1, 1991, and every year thereafter. Employees in said position upon reaching their 30th anniversary date after July 1, 1991, shall be entitled to said twenty-five percent (25%) per month upon said anniversary date. Page 566 of 607 34 f. Compensation Not Cumulative. Payment of the aforesaid longevity compensation shall not be cumulative and only the highest applicable longevity pay shall be paid. B. LONGEVITY PROGRAM FOR EMPLOYEES ON OR AFTER JULY 1, 1994 AND ON OR BEFORE DECEMBER 31, 2013. The longevity program described in Section B herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or after July 1, 1994. a. Five (5) Years of Service. All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. Page 567 of 607 35 Section 20. BILINGUAL PAY A program is hereby established for all employees whose regular and essential job duties as described in their job description provide for interaction with the public on a regular basis, allowing said employee to be compensated for bilingual skills after the employee demonstrates proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested, if necessary), which proficiency would be determined by successful completion of a proficiency test administered by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for bilingual pay. Page 568 of 607 36 Section 21. UNIFORM ALLOWANCE A. If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform. B. For the Administrative Secretary and Police Records Manager that works in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee’s uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. C. The monetary value of uniforms shall be reported to CalPERS in accordance with CCR 571(a) and as defined by GC 7522.04(f) Page 569 of 607 37 Section 22. STAND-BY POLICY The purpose of the Stand-by Policy is to have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City’s technology systems. A. It is presently anticipated that the need for stand-by is for one (1) Information Technology staff, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head. B. The Stand-by Policy does not apply to FLSA exempt managers and Executive staff. C. Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a City issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within one (1) hour of being called upon. The department head or designee will determine if an employee is qualified to perform stand-by duties. The stand by duty period shall be defined by the Department Head. D. Employees on “stand–by” shall receive two (2) hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked for purposes of overtime calculation as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four (4) hours of straight time compensation. E. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action, unless the employee provides sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can be made for stand-by coverage. F. When an employee on “stand-by” is called back to the City, he/she shall be entitled to “stand-by” pay. Call back duty does not occur when an employee is held over from his/her prior shift, or is working planned overtime. An employee called back to duty shall be paid a minimum of four (4) hours of pay at the applicable overtime rate. Time begins when the call back request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the applicable overtime rate. Page 570 of 607 38 G. The employee will at times remain able to immediately respond to any emergencies. H. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. I. In the event of a call back, the employee will wear his/her City uniform, if applicable. Page 571 of 607 39 Section 23. PER DIEM: Per Diem is intended as a reimbursement to temporary/interim employees recruited from outside the Los Angeles County area when working in a temporary or interim assignment due to a critical staffing shortage to cover expenses relating to lodging/housing, travel, meals, and incidentals. The rate is set at $125.00 for each day the employee physically reports to work at the City of Vernon. The eligibility to receive this per diem must be pre-approved and is at the discretion of the City Administrator. Page 572 of 607 40 PART II CLASSIFICATION AND COMPENSATION PLAN Page 573 of 607 41 Section 1. PURPOSE Exhibit A to this resolution is enacted pursuant to the City of Vernon City Charter to provide for the classification and compensation of City officers and employees, and to conform to the principle of equal pay for equal work. Officers and employees of the City of Vernon shall receive compensation and costs in accordance with the amounts set forth in the attached compensation plan. Section 2. THE COMPENSATION PLAN The basic compensation plan for the various employee units, groups and non-classified employees, as of the date of adoption of this plan is hereby established as set forth in Exhibit A, Citywide Classification and Compensation Plan, which is attached hereto and incorporated herein by reference. The City Administrator shall have authority to create and maintain salary steps to implement the provisions of this Section. Salaries granted pursuant to this provision shall be reported to PERS as compensation earned. Please refer to Human Resources Policy II-3, Salary Plan for specific policy and procedures. Section 3. THE CLASSIFICATION PLAN The classification plan includes the allocation of class titles to salary ranges for City officers and employees. The Classification Plan further includes the allocation of class titles to salary ranges for those employees that are designated as exempt from the classified service. These exempt classes are for elective officers; persons appointed by the City Council, including the City Administrator, and City Attorney; persons appointed by the City Administrator, including department head or designees; and persons appointed by the City Attorney pursuant to City of Vernon Municipal Code that serve in an "at will" capacity subject to the terms and conditions of an employment contract and are so designated in the plan as "non-classified." The classification plan as of the date of adoption of this plan is hereby established as set forth in Exhibit “A” which is attached hereto and incorporated herein by reference. The Human Resources Director, with approval by the City Administrator or his/her designee, is responsible for maintenance of the Classification Plan, including the allocation of new or changed positions to the appropriate class, the recommendation of proper salary ranges within the provision of pay administration, maintenance of up-to-date class specifications, and the preparation of reports and recommendations on revisions to the Classification Plan. Please refer to Human Resources Policy II-1, Classification Plan Administration for specific policy and procedures. Page 574 of 607 42 EXHIBIT A CLASSIFICATION AND COMPENSATION PLAN Page 575 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 27,329$ 2,277$ N/A 1,051.13$ 1030 Mayor E O 01 27,329$ 2,277$ N/A 1,051.13$ CITY ADMINISTRATION DEPARTMENT 1010 City Administrator E E 50 Step 1 256,181$ 21,348$ 123.1641$ 9,853.13$ Step 2 268,990$ 22,416$ 129.3223$ 10,345.79$ Step 3 282,440$ 23,537$ 135.7884$ 10,863.07$ Step 4 296,562$ 24,713$ 142.5778$ 11,406.23$ Step 5 311,390$ 25,949$ 149.7067$ 11,976.54$ 1015 Deputy City Administrator E M 40 Step 1 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 2 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 3 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 4 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 5 191,167$ 15,931$ 91.9070$ 7,352.56$ 1020 Economic Development Manager E M 34 Step 1 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 2 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 3 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 4 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 5 142,651$ 11,888$ 68.5824$ 5,486.59$ 1035 Public Information Officer E M 31 Step 1 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 2 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 3 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 4 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 5 123,228$ 10,269$ 59.2441$ 4,739.52$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ 1610 Information Technology Manager E M 37 Step 1 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 2 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 3 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 4 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 5 165,137$ 13,761$ 79.3928$ 6,351.42$ Page 1 of 21 Page 576 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1630 Information Technology Technician NE C 22 Step 1 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 2 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 3 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 4 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 5 79,434$ 6,619$ 38.1893$ 3,055.14$ 1615 Programmer/Analyst E C 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ CITY ATTORNEY'S OFFICE 1110 City Attorney E E 49 Step 1 243,982$ 20,332$ 117.2992$ 9,383.94$ Step 2 256,181$ 21,348$ 123.1641$ 9,853.13$ Step 3 268,990$ 22,416$ 129.3223$ 10,345.79$ Step 4 282,440$ 23,537$ 135.7884$ 10,863.07$ Step 5 296,562$ 24,713$ 142.5778$ 11,406.23$ 1115 Deputy City Attorney E M 38 Step 1 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 2 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 3 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 4 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 5 173,394$ 14,449$ 83.3624$ 6,668.99$ 1507 Executive Legal Secretary NE C 23 Step 1 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 2 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 3 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 4 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 5 83,405$ 6,950$ 40.0987$ 3,207.90$ 1495 Legal Administrative Analyst NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 1113 Senior Deputy City Attorney E M 39 Step 1 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 2 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 3 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 4 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 5 182,063$ 15,172$ 87.5305$ 7,002.44$ CITY CLERK DEPARTMENT 1310 City Clerk E E 41 Step 1 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 2 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 3 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 4 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 5 200,725$ 16,727$ 96.5024$ 7,720.19$ Page 2 of 21 Page 577 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1315 Deputy City Clerk NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 1320 Records Management Assistant NE C 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant NE G 13 Step 1 42,125$ 3,510$ 20.2525$ 1,620.20$ Step 2 44,232$ 3,686$ 21.2652$ 1,701.21$ Step 3 46,443$ 3,870$ 22.3284$ 1,786.27$ Step 4 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 5 51,204$ 4,267$ 24.6171$ 1,969.37$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 42,125$ 3,510$ 20.2525$ 1,620.20$ Step 2 44,232$ 3,686$ 21.2652$ 1,701.21$ Step 3 46,443$ 3,870$ 22.3284$ 1,786.27$ Step 4 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 5 51,204$ 4,267$ 24.6171$ 1,969.37$ 1520 Administrative Assistant, Senior NE G 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ 1510 Administrative Secretary NE C 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ Grandfathered - G3 73,704$ 6,142$ 35.4346$ 2,834.77$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ Page 3 of 21 Page 578 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ FINANCE DEPARTMENT 1250 Account Clerk NE G 14 Step 1 44,232$ 3,686$ 21.2652$ 1,701.21$ Step 2 46,443$ 3,870$ 22.3284$ 1,786.27$ Step 3 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 4 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 5 53,764$ 4,480$ 25.8479$ 2,067.84$ 1247 Account Clerk, Senior NE G 18 Step 1 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 2 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 3 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 4 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 5 65,350$ 5,446$ 31.4184$ 2,513.47$ 1240 Accountant NE C 22 Step 1 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 2 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 3 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 4 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 5 79,434$ 6,619$ 38.1893$ 3,055.14$ 1230 Accountant, Senior NE C 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ 1234 Assistant Buyer NE G 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ 1220 Assistant Finance Director E M 39 Step 1 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 2 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 3 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 4 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 5 182,063$ 15,172$ 87.5305$ 7,002.44$ 1249 Business License Clerk NE G 16 Step 1 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 2 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 3 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 4 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 5 59,275$ 4,940$ 28.4974$ 2,279.79$ Page 4 of 21 Page 579 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1237 Buyer NE G 23 Step 1 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 2 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 3 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 4 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 5 83,405$ 6,950$ 40.0987$ 3,207.90$ 1225 Deputy City Treasurer E M 35 Step 1 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 2 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 3 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 4 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 5 149,784$ 12,482$ 72.0115$ 5,760.92$ 1210 Director of Finance/City Treasurer E E 44 Step 1 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 2 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 3 210,761$ 17,563$ 101.3275$ 8,106.20$ Step 4 221,299$ 18,442$ 106.3938$ 8,511.51$ Step 5 232,364$ 19,364$ 111.7135$ 8,937.08$ 1245 Payroll Specialist NE C 19 Step 1 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 2 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 3 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 4 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 5 68,618$ 5,718$ 32.9893$ 2,639.15$ 1248 Public Housing Property Coordinator NE C 16 Step 1 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 2 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 3 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 4 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 5 59,275$ 4,940$ 28.4974$ 2,279.79$ 1255 Risk Management Assistant NE G 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ FIRE DEPARTMENT 5015 Assistant Fire Chief E FM 42 Step 1 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 2 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 3 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 4 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 5 210,761$ 17,563$ 101.3275$ 8,106.20$ 5033 Assistant Fire Marshal NE F M 29 Step 1 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 2 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 3 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 4 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 5 111,771$ 9,314$ 53.7361$ 4,298.89$ Page 5 of 21 Page 580 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 5055 Fire Administrative Analyst NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 5025 Fire Battalion Chief (P)NE FM 38 Step 1 142,651$ 11,888$ 48.9874$ 5,486.59$ Step 2 149,784$ 12,482$ 51.4368$ 5,760.92$ Step 3 157,273$ 13,106$ 54.0087$ 6,048.97$ Step 4 165,137$ 13,761$ 56.7091$ 6,351.42$ Step 5 173,394$ 14,449$ 59.5446$ 6,668.99$ 5025 Fire Battalion Chief (A)NE FMA 38 Step 1 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 2 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 3 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 4 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 5 173,394$ 14,449$ 83.3624$ 6,668.99$ 5030 Fire Captain (P)NE F 31 Step 1 101,380$ 8,448$ 34.8144$ 3,899.22$ Step 2 106,449$ 8,871$ 36.5552$ 4,094.18$ Step 3 111,771$ 9,314$ 38.3829$ 4,298.89$ Step 4 117,360$ 9,780$ 40.3021$ 4,513.83$ Step 5 123,228$ 10,269$ 42.3172$ 4,739.52$ 5030 Fire Captain (A)NE FA 31 Step 1 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 2 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 3 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 4 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 5 123,228$ 10,269$ 59.2441$ 4,739.52$ 5010 Fire Chief E E 46 Step 1 210,761$ 17,563$ 101.3275$ 8,106.20$ Step 2 221,299$ 18,442$ 106.3938$ 8,511.51$ Step 3 232,364$ 19,364$ 111.7135$ 8,937.08$ Step 4 243,982$ 20,332$ 117.2992$ 9,383.94$ Step 5 256,181$ 21,348$ 123.1641$ 9,853.13$ 5050 Fire Code Inspector NE G 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 5049 Fire Code Inspector, Senior NE G 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ Page 6 of 21 Page 581 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 5040 Fire Engineer (P)NE F 28 Step 1 87,576$ 7,298$ 30.0740$ 3,368.29$ Step 2 91,954$ 7,663$ 31.5777$ 3,536.70$ Step 3 96,552$ 8,046$ 33.1566$ 3,713.54$ Step 4 101,380$ 8,448$ 34.8144$ 3,899.22$ Step 5 106,449$ 8,871$ 36.5552$ 4,094.18$ 5040 Fire Engineer (A)NE FA 28 Step 1 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 2 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 3 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 4 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 5 106,449$ 8,871$ 51.1772$ 4,094.18$ 5020 Fire Marshal NE FM 38 Step 1 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 2 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 3 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 4 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 5 173,394$ 14,449$ 83.3624$ 6,668.99$ 5060 Firefighter (P)NE F 25 Step 1 75,651$ 6,304$ 25.9791$ 2,909.66$ Step 2 79,434$ 6,619$ 27.2780$ 3,055.14$ Step 3 83,405$ 6,950$ 28.6419$ 3,207.90$ Step 4 87,576$ 7,298$ 30.0740$ 3,368.29$ Step 5 91,954$ 7,663$ 31.5777$ 3,536.70$ 5060 Firefighter (A)NE FA 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 5045 Firefighter/Paramedic (P)NE F 28 Step 1 87,576$ 7,298$ 30.0740$ 3,368.29$ Step 2 91,954$ 7,663$ 31.5777$ 3,536.70$ Step 3 96,552$ 8,046$ 33.1566$ 3,713.54$ Step 4 101,380$ 8,448$ 34.8144$ 3,899.22$ Step 5 106,449$ 8,871$ 36.5552$ 4,094.18$ 5045 Firefighter/Paramedic (A)NE FA 28 Step 1 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 2 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 3 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 4 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 5 106,449$ 8,871$ 51.1772$ 4,094.18$ 5035 Firefighter/Paramedic Coordinator (P)NE F 29 Step 1 91,954$ 7,663$ 31.5777$ 3,536.70$ Step 2 96,552$ 8,046$ 33.1566$ 3,713.54$ Step 3 101,380$ 8,448$ 34.8144$ 3,899.22$ Step 4 106,449$ 8,871$ 36.5552$ 4,094.18$ Step 5 111,771$ 9,314$ 38.3829$ 4,298.89$ Page 7 of 21 Page 582 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 5035 Firefighter/Paramedic Coordinator (A)NE FA 29 Step 1 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 2 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 3 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 4 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 5 111,771$ 9,314$ 53.7361$ 4,298.89$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2010 Director of Health and Environmental Control E E 43 Step 1 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 2 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 3 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 4 210,761$ 17,563$ 101.3275$ 8,106.20$ Step 5 221,299$ 18,442$ 106.3938$ 8,511.51$ 2020 Environmental Health Program Administrator E M 34 Step 1 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 2 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 3 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 4 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 5 142,651$ 11,888$ 68.5824$ 5,486.59$ 2040 Environmental Health Technician NE G 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ 2035 Environmental Health Specialist NE G 24 Step 1 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 2 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 3 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 4 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 5 87,576$ 7,298$ 42.1036$ 3,368.29$ 2022 Environmental Specialist, Temporary NE T26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 6 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 7 106,449$ 8,871$ 51.1774$ 4,094.18$ Step 8 111,771$ 9,314$ 53.7361$ 4,298.89$ 2045 Environmental Health Intern NE Hourly Step 1 15.0000$ HUMAN RESOURCES DEPARTMENT 1410 Director of Human Resources E E 42 Step 1 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 2 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 3 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 4 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 5 210,761$ 17,563$ 101.3275$ 8,106.20$ Page 8 of 21 Page 583 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1420 Human Resources Analyst NE C 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 1415 Human Resources Analyst, Senior E M 33 Step 1 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 2 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 3 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 4 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 5 135,858$ 11,322$ 65.3166$ 5,225.33$ 1425 Human Resources Assistant NE C 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ INDUSTRIAL DEVELOPMENT DEPARTMENT 3010 Industrial Development Director E E 39 Step 1 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 2 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 3 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 4 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 5 182,063$ 15,172$ 87.5305$ 7,002.44$ POLICE DEPARTMENT 4035 Police Cadet NE 3180 Step 1 38,892$ 3,241$ 18.6981$ 1,495.85$ Step 2 36,864$ 3,072$ 17.7231$ 1,417.85$ Step 3 34,944$ 2,912$ 16.8000$ 1,344.00$ Step 4 33,120$ 2,760$ 15.9231$ 1,273.85$ Step 5 31,380$ 2,615$ 15.0865$ 1,206.92$ Step 6 29,760$ 2,480$ 14.3077$ 1,144.62$ Step 7 28,212$ 2,351$ 13.5635$ 1,085.08$ Step 8 26,736$ 2,228$ 12.8538$ 1,028.31$ 4015 Police Captain E PM 40 Step 1 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 2 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 3 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 4 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 5 191,167$ 15,931$ 91.9070$ 7,352.56$ 4010 Police Chief E E 47 Step 1 221,299$ 18,442$ 106.3938$ 8,511.51$ Step 2 232,364$ 19,364$ 111.7135$ 8,937.08$ Step 3 243,982$ 20,332$ 117.2992$ 9,383.94$ Step 4 256,181$ 21,348$ 123.1641$ 9,853.13$ Step 5 268,990$ 22,416$ 129.3223$ 10,345.79$ Page 9 of 21 Page 584 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 4020 Police Lieutenant NE PM 37 Step 1 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 2 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 3 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 4 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 5 165,137$ 13,761$ 79.3928$ 6,351.42$ 4030 Police Officer NE PO 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 4025 Police Sergeant NE PO 31 Step 1 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 2 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 3 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 4 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 5 123,228$ 10,269$ 59.2441$ 4,739.52$ 4125 Civilian Court Officer NE G 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ 4123 Police Community Services Officer NE G 16 Step 1 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 2 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 3 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 4 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 5 59,275$ 4,940$ 28.4974$ 2,279.79$ 4130 Police Dispatcher NE G 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ 4115 Police Dispatcher, Lead NE G 23 Step 1 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 2 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 3 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 4 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 5 83,405$ 6,950$ 40.0987$ 3,207.90$ 4110 Police Records Manager NE M 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ Page 10 of 21 Page 585 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 4135 Police Records Technician NE G 14 Step 1 44,232$ 3,686$ 21.2652$ 1,701.21$ Step 2 46,443$ 3,870$ 22.3284$ 1,786.27$ Step 3 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 4 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 5 53,764$ 4,480$ 25.8479$ 2,067.84$ 4120 Police Records Technician, Lead NE G 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ 4145 Reserve Police Officer NE Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8008 General Manager of Public Utilities E E 48 Step 1 232,364$ 19,364$ 111.7135$ 8,937.08$ Step 2 243,982$ 20,332$ 117.2992$ 9,383.94$ Step 3 256,181$ 21,348$ 123.1641$ 9,853.13$ Step 4 268,990$ 22,416$ 129.3223$ 10,345.79$ Step 5 282,440$ 23,537$ 135.7884$ 10,863.07$ 8011 Assistant General Manager of Public Utilities E M 43 Step 1 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 2 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 3 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 4 210,761$ 17,563$ 101.3275$ 8,106.20$ Step 5 221,299$ 18,442$ 106.3938$ 8,511.51$ Business and Accounts Division 8710 Business and Account Supervisor E M 32 Step 1 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 2 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 3 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 4 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 5 129,389$ 10,782$ 62.2063$ 4,976.50$ Compliance Division 8615 Utilities Compliance Analyst NE G 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ 8606 Utilities Compliance Administrator E M 35 Step 1 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 2 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 3 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 4 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 5 149,784$ 12,482$ 72.0115$ 5,760.92$ Page 11 of 21 Page 586 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Customer Service Division 8530 Utilities Customer Service Representative NE G 18 Step 1 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 2 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 3 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 4 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 5 65,350$ 5,446$ 31.4184$ 2,513.47$ 8515 Key Accounts Specialist NE M 28 Step 1 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 2 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 3 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 4 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 5 106,449$ 8,871$ 51.1772$ 4,094.18$ Electric Operations Division 8040 Electric Operations Supervisor E M 36 Step 1 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 2 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 3 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 4 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 5 157,273$ 13,106$ 75.6121$ 6,048.97$ 8035 Electric Operator NE I 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 2 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 3 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 4 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 5 123,228$ 10,269$ 59.2441$ 4,739.52$ 8050 Metering Technician NE I 29 Step 1 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 2 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 3 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 4 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 5 111,771$ 9,314$ 53.7361$ 4,298.89$ 8047 Metering Technician, Senior NE I 31 Step 1 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 2 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 3 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 4 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 5 123,228$ 10,269$ 59.2441$ 4,739.52$ 8045 Power Plant Operator NE I 28 Step 1 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 2 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 3 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 4 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 5 106,449$ 8,871$ 51.1772$ 4,094.18$ Page 12 of 21 Page 587 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8055 Electrical Test Technician NE I 29 Step 1 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 2 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 3 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 4 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 5 111,771$ 9,314$ 53.7361$ 4,298.89$ 8030 Utilities Dispatcher NE I 33 Step 1 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 2 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 3 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 4 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 5 135,858$ 11,322$ 65.3166$ 5,225.33$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 2 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 3 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 4 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 5 142,651$ 11,888$ 68.5824$ 5,486.59$ 8015 Utilities Operations Manager E M 41 Step 1 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 2 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 3 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 4 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 5 200,725$ 16,727$ 96.5024$ 7,720.19$ 8060 Utilities Operations Trainee NE I 23 Step 1 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 2 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 3 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 4 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 5 83,405$ 6,950$ 40.0987$ 3,207.90$ 8031 Utilities Project Coordinator NE I 33 Step 1 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 2 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 3 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 4 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 5 135,858$ 11,322$ 65.3166$ 5,225.33$ Engineering Division (Public Utilities) 8130 Associate Electrical Engineer NE I 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ 8140 Computer Aided Drafting Technician NE G 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ Page 13 of 21 Page 588 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8125 Electrical Engineer NE I 35 Step 1 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 2 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 3 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 4 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 5 149,784$ 12,482$ 72.0115$ 5,760.92$ 8112 Principal Electrical Engineer E M 38 Step 1 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 2 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 3 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 4 165,137$ 13,761$ 79.3928$ 6,351.42$ Step 5 173,394$ 14,449$ 83.3624$ 6,668.99$ 8110 Utilities Engineering Manager E M 42 Step 1 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 2 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 3 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 4 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 5 210,761$ 17,563$ 101.3275$ 8,106.20$ Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ 8210 Gas Systems Superintendent E M 36 Step 1 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 2 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 3 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 4 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 5 157,273$ 13,106$ 75.6121$ 6,048.97$ 8220 Gas Systems Technician NE I 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 2 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 3 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 4 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 5 106,449$ 8,871$ 51.1772$ 4,094.18$ 8430 Associate Resource Scheduler NE I 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ Page 14 of 21 Page 589 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8405 Integrated Resources Manager E M 42 Step 1 173,394$ 14,449$ 83.3624$ 6,668.99$ Step 2 182,063$ 15,172$ 87.5305$ 7,002.44$ Step 3 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 4 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 5 210,761$ 17,563$ 101.3275$ 8,106.20$ 8425 Electric Service Planner NE G 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 8411 Principal Resource Planner E M 37 Step 1 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 2 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 3 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 4 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 5 165,137$ 13,761$ 79.3928$ 6,351.42$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 2 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 3 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 4 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 5 142,651$ 11,888$ 68.5824$ 5,486.59$ 8415 Resource Planner NE I 35 Step 1 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 2 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 3 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 4 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 5 149,784$ 12,482$ 72.0115$ 5,760.92$ 8420 Resource Scheduler NE I 32 Step 1 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 2 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 3 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 4 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 5 129,389$ 10,782$ 62.2063$ 4,976.50$ Water Operations Division 7137 Assistant Civil Engineer - Public Utilities NE G 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 7145 Engineering Aide NE G 21 Step 1 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 2 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 3 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 4 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 5 75,651$ 6,304$ 36.3707$ 2,909.66$ Page 15 of 21 Page 590 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7935 Meter Reader NE G 18 Step 1 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 2 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 3 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 4 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 5 65,350$ 5,446$ 31.4184$ 2,513.47$ 7940 Meter Reader, Lead NE G 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ 7905 Water Administrator E M 36 Step 1 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 2 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 3 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 4 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 5 157,273$ 13,106$ 75.6121$ 6,048.97$ 7915 Water Foreman E M 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ 7930 Water Maintenance Worker NE G 18 Step 1 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 2 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 3 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 4 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 5 65,350$ 5,446$ 31.4184$ 2,513.47$ 7925 Water Maintenance Worker, Senior NE G 22 Step 1 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 2 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 3 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 4 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 5 79,434$ 6,619$ 38.1893$ 3,055.14$ 7920 Water Project Coordinator E G 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ 7911 Water Project Specialist E M 35 Step 1 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 2 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 3 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 4 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 5 149,784$ 12,482$ 72.0115$ 5,760.92$ Page 16 of 21 Page 591 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7910 Water Superintendent E M 33 Step 1 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 2 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 3 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 4 129,389$ 10,782$ 62.2063$ 4,976.50$ Step 5 135,858$ 11,322$ 65.3166$ 5,225.33$ PUBLIC WORKS DEPARTMENT 7008 Director of Public Works E E 44 Step 1 191,167$ 15,931$ 91.9070$ 7,352.56$ Step 2 200,725$ 16,727$ 96.5024$ 7,720.19$ Step 3 210,761$ 17,563$ 101.3275$ 8,106.20$ Step 4 221,299$ 18,442$ 106.3938$ 8,511.51$ Step 5 232,364$ 19,364$ 111.7135$ 8,937.08$ Building and Planning Division 7227 Building Inspector NE G 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 7215 Building Inspector, Senior NE G 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ 7205 Building and Planning Manager E M 37 Step 1 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 2 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 3 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 4 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 5 165,137$ 13,761$ 79.3928$ 6,351.42$ 7225 Electrical Inspector NE G 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 7213 Electrical Inspector, Senior NE G 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ 7250 Permit Technician NE G 17 Step 1 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 2 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 3 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 4 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 5 62,238$ 5,187$ 29.9223$ 2,393.78$ Page 17 of 21 Page 592 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7220 Assistant Planner NE G 22 Step 1 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 2 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 3 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 4 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 5 79,434$ 6,619$ 38.1893$ 3,055.14$ 7235 Plumbing and Mechanical Inspector NE G 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 7217 Plumbing and Mechanical Inspector, Senior NE G 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ Engineering Division (Public Works) 7140 Assistant Engineer NE G 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 7135 Associate Engineer NE G 29 Step 1 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 2 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 3 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 4 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 5 111,771$ 9,314$ 53.7361$ 4,298.89$ 7118 Civil Engineer NE M 32 Step 1 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 2 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 3 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 4 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 5 129,389$ 10,782$ 62.2063$ 4,976.50$ 7145 Engineering Aide NE G 21 Step 1 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 2 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 3 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 4 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 5 75,651$ 6,304$ 36.3707$ 2,909.66$ 7115 Principal Civil Engineer E M 37 Step 1 135,858$ 11,322$ 65.3166$ 5,225.33$ Step 2 142,651$ 11,888$ 68.5824$ 5,486.59$ Step 3 149,784$ 12,482$ 72.0115$ 5,760.92$ Step 4 157,273$ 13,106$ 75.6121$ 6,048.97$ Step 5 165,137$ 13,761$ 79.3928$ 6,351.42$ Page 18 of 21 Page 593 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7120 Project Engineer NE G 31 Step 1 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 2 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 3 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 4 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 5 123,228$ 10,269$ 59.2441$ 4,739.52$ 7125 Stormwater and Special Projects Analyst NE G 28 Step 1 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 2 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 3 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 4 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 5 106,449$ 8,871$ 51.1772$ 4,094.18$ Facilities Maintenance Division 7720 Facilities Maintenance Worker NE G 18 Step 1 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 2 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 3 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 4 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 5 65,350$ 5,446$ 31.4184$ 2,513.47$ 7735 Facilities Maintenance Worker, Lead NE G 23 Step 1 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 2 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 3 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 4 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 5 83,405$ 6,950$ 40.0987$ 3,207.90$ 7730 Facilities Maintenance Worker, Senior NE G 20 Step 1 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 2 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 3 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 4 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 5 72,049$ 6,004$ 34.6388$ 2,771.10$ Garage Division 7530 Mechanic NE G 19 Step 1 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 2 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 3 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 4 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 5 68,618$ 5,718$ 32.9893$ 2,639.15$ 7520 Mechanic, Lead NE G 25 Step 1 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 2 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 3 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 4 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 5 91,954$ 7,663$ 44.2088$ 3,536.70$ 7525 Mechanic, Senior NE G 21 Step 1 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 2 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 3 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 4 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 5 75,651$ 6,304$ 36.3707$ 2,909.66$ Page 19 of 21 Page 594 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Street Maintenance Division 7430 Street Maintenance Worker NE G 15 Step 1 46,443$ 3,870$ 22.3284$ 1,786.27$ Step 2 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 3 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 4 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 5 56,452$ 4,704$ 27.1404$ 2,171.23$ 7427 Street Maintenance Worker, Lead NE G 23 Step 1 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 2 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 3 75,651$ 6,304$ 36.3707$ 2,909.66$ Step 4 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 5 83,405$ 6,950$ 40.0987$ 3,207.90$ 7425 Street Maintenance Worker, Senior NE G 19 Step 1 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 2 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 3 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 4 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 5 68,618$ 5,718$ 32.9893$ 2,639.15$ Warehouse Division 7630 Warehouse Worker NE G 16 Step 1 48,765$ 4,064$ 23.4448$ 1,875.59$ Step 2 51,204$ 4,267$ 24.6171$ 1,969.37$ Step 3 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 4 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 5 59,275$ 4,940$ 28.4974$ 2,279.79$ 7620 Warehouse Worker, Lead NE G 21 Step 1 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 2 65,350$ 5,446$ 31.4184$ 2,513.47$ Step 3 68,618$ 5,718$ 32.9893$ 2,639.15$ Step 4 72,049$ 6,004$ 34.6388$ 2,771.10$ Step 5 75,651$ 6,304$ 36.3707$ 2,909.66$ 7625 Warehouse Worker, Senior NE G 18 Step 1 53,764$ 4,480$ 25.8479$ 2,067.84$ Step 2 56,452$ 4,704$ 27.1404$ 2,171.23$ Step 3 59,275$ 4,940$ 28.4974$ 2,279.79$ Step 4 62,238$ 5,187$ 29.9223$ 2,393.78$ Step 5 65,350$ 5,446$ 31.4184$ 2,513.47$ Public Works Operations Division 7307 Facilities Maintenance Supervisor E M 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 7515 Fleet Supervisor E M 27 Step 1 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 2 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 3 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 4 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 5 101,380$ 8,448$ 48.7402$ 3,899.22$ Page 20 of 21 Page 595 of 607 City of Vernon Classification and Compensation Plan Fiscal Year: 2018-2019 Adopted June 18, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7308 Street Maintenance Supervisor E M 26 Step 1 79,434$ 6,619$ 38.1893$ 3,055.14$ Step 2 83,405$ 6,950$ 40.0987$ 3,207.90$ Step 3 87,576$ 7,298$ 42.1036$ 3,368.29$ Step 4 91,954$ 7,663$ 44.2088$ 3,536.70$ Step 5 96,552$ 8,046$ 46.4192$ 3,713.54$ 7300 Public Works Superintendent E M 32 Step 1 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 2 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 3 117,360$ 9,780$ 56.4229$ 4,513.83$ Step 4 123,228$ 10,269$ 59.2441$ 4,739.52$ Step 5 129,389$ 10,782$ 62.2063$ 4,976.50$ 7130 Public Works Project Coordinator NE G 30 Step 1 96,552$ 8,046$ 46.4192$ 3,713.54$ Step 2 101,380$ 8,448$ 48.7402$ 3,899.22$ Step 3 106,449$ 8,871$ 51.1772$ 4,094.18$ Step 4 111,771$ 9,314$ 53.7361$ 4,298.89$ Step 5 117,360$ 9,780$ 56.4229$ 4,513.83$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 21 of 21 Page 596 of 607 Utilities Operations Manager Vernon CA 1 of 2 JOB DESCRIPTION Utilities Operations Manager Date Prepared: Date Revised: March 2014 June 2019 Class Code: 8015 SUMMARY: Under general supervision, manages day to day operation, maintenance, and repair of the City’s electrical power, transmission and distribution systems to maintain a high degree of system reliability and ensure compliance with established policies, procedures, regulations and objectives. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: Manages electrical power generation, transmission and distribution systems to maintain a high degree of system reliability in compliance with City policies, regulatory requirements, and safety and quality standards. Performs duties within scope of authority and training., Leads, and motivates assigned operations and maintenance staff; Integrates, facilitates and coordinates activities of staff working directly with the in-service utility systems. Leads, motivates, plans, prioritizes, and assigns tasks and projects; monitors work, develops skills, and evaluates performance; oversees and approves rotating shift and standby schedules; approves time off requests, shift trades, and payroll; administers discipline; generates incident reports; leads accident investigation and reporting. Oversees high-voltage switching operations, maintenance and testing activities. Investigates utility electrical system failures and issues to determine cause and facilitates measures and engineers improvements to prevent recurrence; troubleshoots and resolves real-time bulk power and water distribution issues. Ensures adherence to City standards, procedures, and safety policies. Develops and implements short-term and long-range asset management, and reliability improvement plans and equipment strategies including coordination between operations, maintenance and engineering. Ensures work group collaboration through facilitation and project management. Develops, submits and manages annual budget for area of responsibility. Compiles, calculates and prepares monthly, annual, and ad hoc reports on system failures, emergencies, and other routine and non-routine operating conditions and actions; prepares Council reports/updates. Coordinates construction and maintenance activities with outside contractors. Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor’s Degree in Business, Civil Electrical or a closely related field; AND five years of public utility experience, including three years of supervisory experience. Formatted: Font: (Default) Arial, 11 pt, Font color: Auto,Condensed by 0.1 pt Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Verdana, 10.5 pt, Font color: Black Page 597 of 607 Utilities Operations Manager Vernon CA 2 of 2 Knowledge of: City organization, operations, policies, and procedures. Electric and bulk power utility operating concepts. Electrical principles, procedures and components, power system operations including power plant operations; fundamentals of alternating current circuits, and electrical safety policies and procedures. Management principles and practices including personnel rules, procurement, contract management, risk management, and employee supervision. Occupational hazards and safety precautions applicable to the work. Personal computer operations. Record keeping and file maintenance principles and procedures. Customer service standards and protocols. Outage scheduling, development of checking of switching programs and schedules. Occupational hazards and safety precautions applicable to the work. Skill in: Analyzing problems, defining complex issues, identifying alternative solutions, projecting consequences of proposed actions, and implementing recommendations to support goals and build the organization. Assessing and prioritizing multiple tasks, projects and demands. Building relationships and fostering teamwork. Communicating effectively, both orally verbally and in writing. Effectively managing and leading staff, and delegating tasks and authority. Establishing and maintaining cooperative working relationships with managers, fellow employees, other divisions and departments, contractors, representatives of other utilities, regulatory agencies, outside consultants and the public. Keeping records as required by City policy and regulatory agencies. Operating personal computers and specialized software applications. Reading, interpreting, understanding and applying operating standards and procedures, applicable federal and state rules and regulations, and City policies and procedures. Administering staff training and facilitating an effective and efficient workflow. Maintaining a strong sense of propriety concerning confidential matters. Remaining calm under stress or emergency conditions. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver’s License is required. A valid State of California Grade II Water Distribution License is desirable. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in an office environment and in the field; may to be exposed to energized equipment. Formatted: Left, Space Before: Auto, After: Auto, Allowhanging punctuation, Adjust space between Latin and Asiantext, Adjust space between Asian text and numbers, FontAlignment: Auto Formatted: Font: Verdana, 10.5 pt, Font color: Black Formatted: Left, Space Before: Auto, After: Auto, Adjustspace between Latin and Asian text, Adjust space betweenAsian text and numbers Formatted: Font: (Default) Verdana, 10.5 pt, Font color:Black Page 598 of 607 City Council Agenda Item Report Agenda Item No. COV-266-2019 Submitted by: Todd Dusenberry Submitting Department: Public Utilities Meeting Date: June 18, 2019 SUBJECT A Resolution Declaring the City’s Official Intent To Reimburse Expenditures from the Proceeds of Obligations to be Issued by the City of Vernon, a Related Party or Other Affiliate, and Approving Certain Related Actions Recommendation: A. Find that adoption of the proposed Resolution does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because the intent to reimburse expenditures from the proceeds of obligations merely establishes a government funding mechanism that does not identify individual specific projects to be constructed with the funds; and B. Adopt a Resolution declaring the City’s official intent to reimburse expenditures from the proceeds of obligations to be issued by the City of Vernon, a related party or other affiliate, and approving certain related actions. Background: The City of Vernon’s Public Utilities Department (VPU) owns and operates a domestic water system that provides approximately 6,900 acre-feet of potable water to its customer base. Vernon is entitled to an annual Allowed Pumping Allocation (APA) of 7,539 acre-feet. VPU uses a combination of imported surface water purchased from Central Basin Municipal Water District (CBMWD) at a cost of $1,185 per acre-foot and groundwater that requires a Replenishment Assessment (RA) payment to the Water Replenishment District (WRD) of $339 per acre-foot. The major components of the water system consist of eight active groundwater production wells, one stand-by well, three booster plants with 14 active booster pumps, eight storage reservoirs, and approximately 49 miles of distribution pipeline. Due to the overall age of facilities and deferred maintenance, many of the water facilities have fallen into disrepair. Mechanical breakdowns occur frequently on many of the ground water wells. Most of these facilities require repair or rehabilitation. Currently, half of the City’s ground water wells are out of service, and as a result, the City is serving its customer base with groundwater from the four remaining wells and supplementing it on an as-needed basis with costly imported surface water from CBMWD. The City seeks to obtain a bond in an amount not-to-exceed $15,000,000 to finance the VPU Water Division’s attached Three-Year Capital Improvement Plan (CIP). This plan will address the dire state of the ground water pumping facilities, add reliability and capacity, decrease dependence on more expensive imported water and facilitate more efficient water system operations. In order to secure bond financing, a water rate study will be conducted and the necessary resulting water rate increase will enable the Water Enterprise to make debt service coverage and pay off the bond. VPU presented an overview of these plans during the May 9, 2019 Business and Industry Commission (BIC) Meeting, which was well received by the Commission. Due to the state of the current Water Division facilities, repairs, rehabilitation and replacement projects are urgent in nature. Expenditures to begin these critical projects will commence prior to receipt of the bond proceeds. The Page 599 of 607 proposed Resolution declares the City’s official intent to reimburse expenditures from the proceeds of obligations to be issued by the City of Vernon, a related party or other affiliate, and approve certain related actions. Fiscal Impact: There is no fiscal impact directly associated with the proposed Resolution, as it only declares the City’s intent to utilize bond funding once available to replace City reserves used to begin urgently needed capital improvement projects. ATTACHMENTS 1. Resolution declaring the Citys Official Intent to Reimburse Expenditures from the Proceeds of Obligations to be issued by Vernon 2. Water Division Projected 3-year Capital Improvements Page 600 of 607 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY OF VERNON, A RELATED PARTY OR OTHER AFFILIATE, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the City of Vernon (“City”) is a chartered municipal corporation of the State of California that owns and operates a system for the production, purchase, distribution and sale of water; and WHEREAS, the City, or an affiliate or related party to the City (any such party, including the City, the “Issuer”), expects to undertake the acquisition, construction or installation of (i) water wells and reservoirs and related facilities and improvements, and (ii) other facilities and improvements related to the City’s water system, including tanks, pumps, generators, pipes, fences and equipment (the “Project”), using revenues, proceeds from bonds or other borrowing, and/or other funds; and WHEREAS, the Issuer expects to pay certain expenditures related to the Project prior to the issuance of debt (such expenditures, the “Reimbursement Expenditures”); and WHEREAS, the Issuer reasonably expects to issue obligations in an amount not to exceed $15,000,000 (the “Obligations”) and to use all or a portion of the proceeds of the Obligations to reimburse the Reimbursement Expenditures that are paid before the date of issuance or delivery of the Obligations; and WHEREAS, United States Treasury Regulations Section 1.150-2 provides generally that proceeds of tax-exempt obligations are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such obligations Page 601 of 607 -2 - unless certain procedures are followed, among which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer must declare its official intent to reimburse such expenditure with proceeds of such obligations; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to use all or a portion of the proceeds of the Obligations to reimburse the Reimbursement Expenditures that are paid by the Issuer before the date of issuance of the Obligations; and WHEREAS, proceeds of the Obligations will be allocated to the Reimbursement Expenditures no later than 18 months after the later of (i) the date the cost is paid, or (ii) the date the Project (or each component thereof) is placed in service or abandoned, but in no event more than three years after the cost is paid; and WHEREAS, by memorandum dated June 18, 2019, Vernon Public Utilities has recommended the City Council declare the City’s official intent to reimburse expenditures from the proceeds of obligations to be issued by the City, a related party or other affiliate, and approving certain related actions; and WHEREAS, the City Council of the City of Vernon desires and declares its official intent to use all or a portion of the proceeds of the Obligations to reimburse the Reimbursement Expenditures that are paid before the date of issuance of the Obligations. 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. Page 602 of 607 -3 - SECTION 2: The City Council of the City of Vernon finds that this action is not subject to the California Environmental Quality Act (CEQA), because establishment of a government funding mechanism that does not identify individual specific projects to be constructed with the funds is not itself a “project” as defined by CEQA and the CEQA Guidelines. SECTION 3: The City Council of the City of Vernon hereby declares its official intent to use all or a portion of the proceeds of the Obligations to reimburse the Reimbursement Expenditures that are paid before the date of issuance of the Obligations. SECTION 4: The City hereby declares that it reasonably expects (i) to pay the Reimbursement Expenditures prior to the date of issuance of the Obligations and (ii) to use all or a portion of the proceeds of the Obligations for reimbursement of the Reimbursement Expenditures that are paid by the Issuer before the date of issuance of the Obligations. This declaration is made solely for purposes of establishing compliance with the requirements of United States Treasury Regulations Section 1.150-2. This declaration does not bind the City or the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. SECTION 5: All actions heretofore taken by the officers, employees and agents of the City with respect to the actions set forth above are hereby approved, confirmed and ratified. / / / / / / / / / / / / / / / Page 603 of 607 -4 - SECTION 6: 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 18th 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 604 of 607 -5 - 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 18, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 18th day of June, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) Page 605 of 607 Year 1 Year 2 Year 3 Capital Outlay FY 19-20 FY 20-21 FY 21-22 Well 5 Destruction 125,000$ Well 11 Pump and Motor 150,000$ Emergency Generator on Well 11 300,000$ Well 20 Rehab 550,000$ Emergency Generator on Well 20 300,000$ Well 17 Rehabilitation 600,000$ Well 22 Drilling and Casing 2,050,000$ Well 22 Wellhead equipment 1,800,000$ New Wells Wellhead Engineering & CM 215,000$ New Wells Drilling & Casing Construction Management 155,000$ Operations Analysis and MasterPlan 300,000$ Reservoir condition assessments (6-1MG)12,000$ Elevated Tank Upgrades (automation)250,000$ Upgrades for 10MG Reservior (automation)234,000$ Emergency Generator on Well 22 300,000$ Well 15 Rehab 500,000$ Emergency Generator on Well 15 300,000$ Reservoir Demo at Well 20 100,000$ BP1, BP2, BP3 Engineering Design 300,000$ BP1 Pump and Motor Revamp including Right-sizing 500,000$ Emergency Generator on Booster Plant 1 300,000$ BP3 Pump and Motor Revamp including Right-sizing 500,000$ BP2 Reservoir Supply Redundancy 100,000$ Repairs Reservoirs BP3 Design & Construction 1,000,000$ BP2 Pump and Motor Revamp including Right-sizing 500,000$ Repairs Reservoirs BP2 Design & Construction 1,000,000$ Dock Demo at OE Clark 254,000$ Well 23 Drilling and Casing Well 23 Wellhead equipment Emergency Generator on Well 23 AMI Program 100,000$ 100,000$ 100,000$ Electrical Upgrades 500,000$ 225,000$ 225,000$ SCADA 250,000$ Pilot Main Replacement Program Packers/Exchange and Downey Rd Pipeline Extension Pump House 2 Refurbishment Fence Replacement PP2 & Well 19 Subtotal Capital Outlay 7,657,000$ 3,459,000$ 3,079,000$ Capital Equipment and Vehicles Light Utility Vehicle Meter Readers 30,000$ 30,000$ Construction Truck 120,000$ 120,000$ Boom Truck 260,000$ Pax Mixer for 10 MG Reservoir 70,000$ Auto Chlorination 10 MG Reservoir 35,000$ Dump Truck 80,000$ Ford F-250 Utility Truck 60,000$ Subtotal Capital Equipment and Vehicles 595,000$ 60,000$ 150,000$ Annual Total 8,252,000$ 3,519,000$ 3,229,000$ Cumulative Total 8,252,000$ 11,771,000$ 15,000,000$ Water Division Projected 3-Year Capital Improvements Page 606 of 607 City Council Agenda Item Report Agenda Item No. COV-288-2019 Submitted by: Eva Muro Submitting Department: City Attorney Meeting Date: June 18, 2019 SUBJECT 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 Recommendation: Background: Fiscal Impact: ATTACHMENTS Page 607 of 607