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20210302 City Council Agenda Packet (2) Agenda City of Vernon Regular City Council Meeting Tuesday, March 02, 2021, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Leticia Lopez, Mayor Melissa Ybarra, Mayor Pro Tem William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member SPECIAL REMOTE PROTOCOLS In accordance with Governor Newsom's Executive Order N -29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID -19. This meeting will be conducted entirely by remote participation via Zoom Webinar. The public is encouraged to view the meeting at http://www.cityofvernon.org/webinar-cc or by calling (408) 638-0968, Meeting ID 919-6119-2657#. You may submit comments to PublicComment@ci.vernon.ca.us with the subject line “March 2, 2021 City Council Meeting Public Comment Item #__.” Comments received prior to 8 a.m., Tuesday, March 2, 2021, will be read into the record. CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF 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 Coun cil deliberation on those specific matters. Regular City Council Meeting Agenda March 02, 2021 Page 2 of 6 PRESENTATIONS 1. City Administration City Administrator Report: • Cannabis Town Hall Meetings • COVID-19 Vaccinations in Vernon • City Hall Beautification • Energy Markets Recommendation: No action is required by City Council. This is a presentation only. CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. 2. City Clerk Approval of Minutes Recommendation: Approve the January 19, 2021 and February 16, 2021 Regular City Council meeting minutes. 1. 20210119 City Council Minutes 2. 20210216 City Council Minutes 3. Finance/Treasury Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 62, for the period of January 31 through February 13, 2021, which totals $4,554,490.71 and consists of ratification of electronic payments totaling $4,214,661.51, ratification of the issuance of early checks totaling $339,829.20 and voided Check Nos. 606848, 606873 totaling $8,426.70. 1. Operating Account Warrant Register No. 62 4. Public Works Public Works Department Monthly Report Recommendation: Receive and file the January 2021 Building Report. 1. Public Works Department January 2021 Building Report 5. Public Utilities Regulatory Mandate to Increase Procurement of Energy from Renewable Sources Recommendation: Receive and file the annual Renewable Portfolio Standard (RPS) Report for Calendar Year 2020 and Summary Report for Compliance Period 3. 1. 2020 RPS Status Report and Compliance Period 3 Totals Regular City Council Meeting Agenda March 02, 2021 Page 3 of 6 6. Human Resources Personnel Policies and Procedures Manual - Secondary Employment or Business Activity Recommendation: Adopt Revised Personnel Policies and Procedures Manual - Secondary Employment or Business Activity, No. I-7 1. Secondary Employment or Business Activity Policy I -7 7. City Clerk Recall Petition Acceptance and Call of Special Election Recommendation: A. Receive Certificates of Sufficiency on the petitions to recall Council Member Diana Gonzales and Council Member Carol Menke; B. Adopt Resolution No. 2021-02 calling and giving notice of an all-mail ballot Special Municipal Election to be held on Tuesday, June 1, 2021, for the submission of the question of the recall of Diana Gonzales and Carol Menke and the election of two City Council Members to fill the vacancy if the recall prevails; and C. Adopt Resolution No. 2021-03 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City rela ting the conduct of a Special Municipal Election to be held on Tuesday, June 1, 2021. 1. Report of Registration 2. Certificate of Sufficiency - DGonzales 3. Certificate of Sufficiency - CMenke 4. Resolution No. 2021-02 5. Resolution No. 2021-03 8. Public Utilities Services Agreement with Harper & Associates Engineering, Inc. for Coating Inspection Services for Six Above Ground Steel Reservoirs Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines §15061(b)(3), because the activity is not one where there is a potential for causing a significant effect on the environment; and B. Approve and authorize the City Administrator to execute the Services Agreement between the City of Vernon and Harper & Associates Engineering, Inc., a California corporation, for Coating Inspection Services for six above ground stee l reservoirs, in substantially the same form as submitted, for an amount not to exceed $200,000, with an effective date of March 1, 2021. 1. Services Agreement with Harper & Associates Engineering, Inc. Regular City Council Meeting Agenda March 02, 2021 Page 4 of 6 8.B. Health and Environmental Control Department Space Use Agreement with the County of Los Angeles for Space Located at Vernon City Hall Recommendation: Approve and Authorize the City Administrator to execute a Space Use Agreement with the County of Los Angeles for space located at Vernon City Hall, in substantially the same form as submitted, for COVID-19 related services, including testing, effective March 2, 2021 through June 30, 2021. 1. Space Use Agreement - LA County NEW BUSINESS 9. Public Works Electric Vehicle Charging Stations Recommendation: A. Waive full reading and introduce and conduct first reading of Ordinance No. 1275 amending Chapter 26 of the Municipal Code to include electric vehicle charging; and B. Direct staff to schedule second reading and adoption for the March 16, 2021 City Council meeting. 1. Ordinance No. 1275 2. Chapter 26 Redline 10. Public Utilities Construction Contract to Capital Industrial Coatings, LLC for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 Project Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15301(d), because the project consists of the maintenance and repair of existing potable water storage reservoirs to meet current public health and safety standards, and involves negligible or no expansion of an existing use; B. Accept the bid from Capital Industrial Coatings, LLC as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a Construction Contract with Capital Industrial Coatings, LLC in substantially the same form as attached herewith, in an amount not to exceed $1,747,100.00 for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3; and D. Authorize a contingency amount of $175,000.00 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. 1. Proposed Construction Contract with Capital Industrial Coatings, LLC for Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 Regular City Council Meeting Agenda March 02, 2021 Page 5 of 6 11. City Administration Vernon Resident COVID-19 Grant Assistance Program Recommendation: Approve and authorize the administration of the Vernon Resident COVID -19 Grant Assistance Program, with a maximum allocation of $50,000, to aid Vernon households who are experiencing COVID-19 related economic hardship. 1. Vernon Resident COVID-19 Grant Assistance Program (GAP) 2. COVID-19 GAP Self-Certification Application ORAL REPORTS City Administrator Reports on Activities and Other Announcements. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted in accordance with applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours prior to the meeting. Dated this 25th day of February, 2021. By: __________________________________ Sandra Dolson, Administrative Secretary Regular City Council Meeting Agenda March 02, 2021 Page 6 of 6 Guide to City Council Proceedings Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.1-1). Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page. Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at CityClerk@ci.vernon.ca.us or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made. The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council . The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber. Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the publi c hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment. Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate. City Council Agenda Item Report Agenda Item No. COV-520-2021 Submitted by: Carlos Fandino Submitting Department: City Administration Meeting Date: March 2, 2021 SUBJECT City Administrator Report: • Cannabis Town Hall Meetings • COVID-19 Vaccinations in Vernon • City Hall Beautification • Energy Markets Recommendation: No action is required by City Council. This is a presentation only. Background: The City Administrator Report is a bi-weekly presentation highlighting City projects, responses to Council inquiries, and events and activities of interest to the community. The report will be available at the time of the meeting and posted on the City's website. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: City Council Agenda Item Report Agenda Item No. COV-511-2021 Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: March 2, 2021 SUBJECT Approval of Minutes Recommendation: Approve the January 19, 2021 and February 16, 2021 Regular City Council meeting minutes. Background: Staff has prepared and hereby submits the minutes for approval. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 20210119 City Council Minutes 2. 20210216 City Council Minutes MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 19, 2021 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Lopez called the meeting to order at 9:03 a.m. FLAG SALUTE Mayor Lopez led the Flag Salute. ROLL CALL PRESENT:Leticia Lopez, Mayor (via remote access) Melissa Ybarra, Mayor Pro Tem (via remote access) William Davis, Council Member (via remote access) Carol Menke, Council Member (via remote access) Diana Gonzales, Council Member (via remote access) STAFF PRESENT: Carlos Fandino, City Administrator Arnold Alvarez-Glasman, Interim City Attorney (via remote access) Norma Copado, Interim Assistant City Attorney (via remote access) Lisa Pope, City Clerk Scott Williams, Finance Director (via remote access) Abraham Alemu, Public Utilities General Manager (via remote access) Fredrick Agyin, Health and Environmental Control Director (via remote access) Michael Earl, Human Resources Director (via remote access) Anthony Miranda, Police Chief (via remote access) Dan Wall, Public Works Director (via remote access APPROVAL OF THE AGENDA MOTION Mayor Pro Tem Ybarra moved and Council Member Davis seconded a motion to approve the agenda. The question was called and the motion carried unanimously. PUBLIC COMMENT Leticia Vasquez-Wilson, Central Basin Water District Board of Directors, discussed the Council’s opportunity to make an appointment to the Board and pending litigation. Regular City Council Meeting Minutes Page 2 of 7 January 19, 2021 PRESENTATIONS 1.Employee Service Pin Awards for December 2020 Recommendation: No action required by the City Council. This is a presentation only. Human Resources Director Earl acknowledged Gustavo Herrera, Police Sergeant and Nicholas Perez, Police Lieutenant, as recipients of the Employee Service Pin Awards for December 2020. 2.Review of Process for Amending the Vernon City Charter Recommendation: No action required by the City Council. This is a presentation only. Further direction may be provided by the City Council after this item is presented. Interim City Attorney Alvarez-Glasman provided an overview of the process for amending the Vernon City Charter. 3.Regulation of Commercial Cannabis Businesses: State Law Authority, Local Regulation, and Policy Considerations Recommendation: Hold a Study Session to receive a presentation from the City Attorney’s Office regarding regulation of commercial cannabis businesses; and provide further direction to the City Attorney’s Office and/or City staff. The City Attorney’s Office is prepared to provide additional information on any topic raised herein, and is prepared to receive any directive issued by City Council, including preparing a draft ordinance to include any provision, terms and standards discussed herein or at a future City Council meeting. Interim Assistant City Attorney Copado provided an overview of the regulation of commercial cannabis businesses including the Compassionate Use Act – 1996; Proposition 64 (Adult Use Marijuana Act); Senate Bill 94 (Medicinal and Adult-Use Cannabis Regulation and Safety Act); Assembly Bill 133 (Cannabis Regulation); commercial cannabis; State-issued licenses and requirements; local jurisdiction; current City of Vernon laws; experiences in other cities; policy considerations; fee structures and revenue sources. In response to Council questions, Interim Assistant City Attorney Copado explained state background checks; plan checks by Los Angeles County Fire; experiences in neighboring cities; approved versus operating permits; and staff necessary to oversee the program. Battalion Chief Richard Stillwagon, LA County Fire, explained past delays in plan checks due to lack of State guidelines and current streamlined process and decreased turnaround times. Chief Pappas explained that delays were generally due to the applicant. She stated the County would facilitate any legal business within the City. She expressed concern with the uptick in illegal cannabis businesses in Lynwood which has caused some fire issues. MOTION Council Member Menke moved and Council Member Gonzales seconded a motion to direct the City Attorney’s office, in conjunction with City Staff, to draft a proposed ordinance, including any zoning law amendments such as a special overlay zone amendment, regulating commercial cannabis businesses in the City’s jurisdiction. Regular City Council Meeting Minutes Page 3 of 7 January 19, 2021 FRIENDLY AMENDMENT Mayor Pro Tem Ybarra moved to amend the motion to direct staff to provide information on a city-wide plan for implementation. The maker and seconder accepted the amendment. The question was called and the amended motion carried unanimously. CONSENT CALENDAR Council Member Gonzales pulled Item No. 12. MOTION Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to approve the Consent Calendar, with the exception of Item No. 12. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: 4.Approval of Minutes Recommendation: Approve the December 15, 2020 Regular City Council meeting minutes. 5. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 59, for the period of November 29, 2020 through January 2, 2021, which totals $20,198,984.63 and consists of ratification of electronic payments totaling $15,143,135.26, ratification of the issuance of early checks totaling $5,055,849.37 and voided Check Nos. 606605 and 606669 totaling $1,306,673.84. 6. City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 775, for the period of December 1 through December 31, 2020, which totals $3,254,619.76 and consists of ratification of direct deposits, checks and taxes totaling $2,214,437.46 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $1,040,182.30 paid through operating bank account. 7.Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation: Approve Redevelopment Agency Obligation Retirement Account Warrant Register No.59, for the period of November 29, 2020 through January 2, 2021, consisting of ratification of electronic payments totaling $11,915.20. 8.Federal Funds for Street Improvements Account Warrant Register Recommendation:Approve Federal Funds for Street Improvements Account Warrant Register No.35, for the period of November 29, 2020 through January 2, 2021, consisting of ratification of electronic payments totaling $25,988.00. 9.Fire Department Activity Report Recommendation: Receive and file the October 2020 Report. 10.Police Department Activity Report Recommendation: Receive and file the November 2020 Report. 11.Public Works Department Monthly Report Recommendation: Receive and file the November Building Report. Regular City Council Meeting Minutes Page 4 of 7 January 19, 2021 13. Amendment No. 1 with Haul-Away Rubbish Company, Inc. Recommendation: A. Find that the approval of the proposed amendment is exempt from California Environmental Quality Act (CEQA) review, as it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore is not a “project” as defined by Section 15378 of the CEQA Guidelines; and B. Approve and authorize the City Administrator to execute Amendment No. 1 to Contract No. CS-0894 with Haul-Away Rubbish Company, Inc., in substantially the same form as submitted, for refuse collection, recycling, and disposal services, changing the contract termination date from November 12, 2020 to May 12, 2021. The following item was pulled from the Consent Calendar for individual consideration: 12. Office Lease Agreement with the Vernon Chamber of Commerce Recommendation: Approve and authorize the City Administrator to execute an Office Lease Agreement with the Vernon Chamber of Commerce for a portion of the City- owned property located at 2724 Leonis Boulevard, Vernon, CA for a one-year term beginning February 1, 2021. Finance Director Williams presented the staff report. Council Member Gonzales expressed concern with asbestos and suggested an expert evaluate the situation. In response to Council questions, Finance Director Williams, Interim City Attorney Alvarez-Glasman, Public Works Director Wall, and City Administrator Fandino explained the asbestos study results; potential liability; Chamber’s agreement with lease terms; and waivers and indemnity. CONSENSUS By consensus, the Council directed staff to bring the item back at the next meeting. NEW BUSINESS 14.Municipal Code Clean Up Recommendation: A. Introduce and conduct first reading of Ordinance No. 1271 amending various sections of the Municipal Code in Chapters 1, 2, 11, 12, 13 and 15; and B. Direct staff to schedule second reading and adoption for the February 2, 2021 City Council meeting. Council Member Menke requested the matter be tabled to allow additional time for review. City Clerk Pope presented the staff report. In response to Council questions, City Clerk Pope, Interim City Attorney Alvarez-Glasman and Finance Director Williams explained the proposed revisions to the Code. Regular City Council Meeting Minutes Page 5 of 7 January 19, 2021 CONSENSUS By consensus, the Council directed staff to amend and clarify language in Section 2.2.A to reflect the specific amount of $100,000 for each of the positions listed. RECESS Mayor Lopez called a recess at 11:19 a.m. The meeting reconvened at 11:29 a.m. with all Council Members present. The Council continued its discussion of the proposed revisions. MOTION Mayor Pro Tem Ybarra moved and Council Member Gonzales seconded a motion to introduce and conduct first reading of Ordinance No. 1271 amending various sections of the Municipal Code in Chapters 1, 2, 11, 12, 13 and 15; and direct staff to schedule second reading and adoption for the February 2, 2021 City Council meeting. The question was called and the motion carried unanimously. 15.Motion Pictures, Television, Commercial Digital Media and Still Photography Productions Recommendation: A. Introduce and conduct first reading of Ordinance No. 1272 amending Vernon Municipal Code Section 5.65 - Motion Picture Production to be Motion Pictures, Television, Commercial Digital Media and Still Photography Productions; and B. Direct staff to schedule second reading and adoption for the February 2, 2021 City Council meeting. City Clerk Pope presented the staff report. Donna Washington, FilmLA, thanked City Clerk Pope for her help and leadership. MOTION Council Member Menke moved and Mayor Lopez seconded a motion to introduce and conduct first reading of Ordinance No. 1272 amending Vernon Municipal Code Section 5.65 - Motion Picture Production to be Motion Pictures, Television, Commercial Digital Media and Still Photography Productions; and direct staff to schedule second reading and adoption for the February 2, 2021 City Council meeting. The question was called and the motion carried unanimously. 16.Los Angeles County Fire Code Title 32 Recommendation: A. Conduct first reading and introduce Ordinance No. 1273 repealing and replacing Chapter 7, Article II, Fire Code, adopting the 2019 edition of the California Fire Code, 2018 edition of the International Fire Code and the 2020 edition of the Los Angeles County Fire Code -Title 32 (Consolidated Fire Protection District of Los Angeles County Fire Code), ratifying the more restrictive building standards contained in that code; and B. Direct staff to schedule a public hearing on February 2, 2021 for the second reading and adoption of Ordinance No. 1273. City Administrator Fandino presented the staff report. Regular City Council Meeting Minutes Page 6 of 7 January 19, 2021 MOTION Council Member Davis moved and Mayor Pro Tem Ybarra seconded a motion to conduct first reading and introduce Ordinance No. 1273 repealing and replacing Chapter 7, Article II, Fire Code, adopting the 2019 edition of the California Fire Code, 2018 edition of the International Fire Code and the 2020 edition of the Los Angeles County Fire Code – Title 32 (Consolidated Fire Protection District of Los Angeles County Fire Code), ratifying the more restrictive building standards contained in that code; and B. Direct staff to schedule a public hearing on February 2, 2021 for the second reading and adoption of Ordinance No.1273. The question was called and the motion carried unanimously. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino provided an update on COVID-19 vaccine and successful Operation Santa event held on December 16, 2020. Chief Miranda stated the Police Department would receive vaccines the first week of February. He discussed preparations for the Presidential Inauguration. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. Mayor Lopez requested a stricter face mask policy. City Administrator Fandino stated he would report back to Council. Council Member Gonzales requested staff prepare a report on the Vernon Housing Commission activities. She expressed concern with the lack of transparency from the lottery to selection and qualifications of tenants. City Administrator Fandino stated he would provide the Housing Commission quarterly reports and he anticipates a special Housing Commission meeting within the next two to three weeks. RECESS Mayor Lopez recessed the meeting to Closed Session at 12:33 p.m. CLOSED SESSION 17.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of Potential Cases: 2 RECONVENE At 12:51 p.m., Mayor Lopez adjourned Closed Session and reconvened the regular meeting. Regular City Council Meeting Minutes Page 7 of 7 January 19, 2021 CLOSED SESSION REPORT Interim City Attorney Alvarez-Glasman reported that the Council, with all five members present, met in Closed Session, discussed the items on the agenda, and approved and authorized the City Administrator to execute the Second Tolling Agreement (as title by DTSC but records show it will be the fourth tolling agreement approved by the City in this matter) by and between the City of Vernon and the BKK Working Group, in substantially the same form as submitted, for a period of three (3) years, effective from February 20, 2021 until February 19, 2024. ADJOURNMENT Mayor Lopez adjourned the meeting at 12:52 p.m. ______________________________ LETICIA LOPEZ, Mayor ATTEST: _____________________________________ LISA POPE, City Clerk (seal) MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 16, 2021 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Lopez called the meeting to order at 9:01 a.m. FLAG SALUTE Mayor Lopez led the Flag Salute. ROLL CALL PRESENT:Leticia Lopez, Mayor (via remote access) Melissa Ybarra, Mayor Pro Tem (via remote access) William Davis, Council Member (via remote access) Carol Menke, Council Member (via remote access) Diana Gonzales, Council Member (via remote access) STAFF PRESENT: Carlos Fandino, City Administrator Arnold Alvarez-Glasman, Interim City Attorney (via remote access) Lisa Pope, City Clerk Scott Williams, Finance Director (via remote access) Abraham Alemu, Public Utilities General Manager (via remote access) Fredrick Agyin, Health and Environmental Control Director (via remote access) Michael Earl, Human Resources Director (via remote access) Anthony Miranda, Police Chief (via remote access) Dan Wall, Public Works Director (via remote access APPROVAL OF THE AGENDA MOTION Council Member Davis moved and Mayor Pro Tem Ybarra seconded a motion to approve the agenda. The question was called and the motion carried unanimously. PUBLIC COMMENT Marisa Olguin, Vernon Chamber of Commerce, referenced the LA Times article regarding the Maywood City Council charged with taking bribes and misusing public funds; discussed the recall of Council Members Gonzales and Menke; and commended Mayor Lopez, Mayor Pro Tem Ybarra and Council Member Davis for voting down Council Members Menke and Gonzales’ unethical requests. She stated the Chamber would join the recall effort. Regular City Council Meeting Minutes Page 2 of 5 February 16, 2021 Council Member Menke objected to allowing Douglas Williams to provide his public comment. Interim City Attorney Alvarez-Glasman stated the speaker had the right to make his statement and then the Council could briefly respond. Doug Williams stated the City was at risk of existing should the dysfunction of the City Council continue. He also stated the Council should be accountable for its actions and inactions regarding civic transparency. Council Member Menke stated residents were not involved in the recall, only the Chamber of Commerce and a business owner. She welcomed scrutiny and stood on her record. PRESENTATIONS 1.Employee Service Pin Awards for January 2021 Recommendation: No action required by City Council. This is a presentation only. Human Resources Director Earl acknowledged Anthony J. Serrano, Business and Account Supervisor; Victor Vasquez, Sr., Lead Meter Reader; Efrain Sandoval, Principal Resource Scheduler/Trader; Ignacio S. Estrada III, Police Sergeant, as recipients of the Employee Service Pin Awards for January 2021. 2.Implementation Plan for Senate Bill 1383 (SB 1383) - Short-Lived Climate Pollutants Reduction Act Recommendation: No action is required by City Council. This is a presentation only. Health and Environmental Control Department Director Agyin presented the staff report. In response to Council questions, Director Agyin explained the need to engage the stakeholders. CONSENT CALENDAR MOTION Council Member Davis moved and Council Member Gonzales seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: 3.Approval of Minutes Recommendation: Approve the February 2, 2021 Regular City Council meeting minutes. 4.City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 776, for the period of January 1 through January 31, 2021, which totals $2,189,824.01 and consists of ratification Regular City Council Meeting Minutes Page 3 of 5 February 16, 2021 of direct deposits, checks and taxes totaling $1,428,095.34 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $761,728.67 paid through operating bank account. 5.Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 61, for the period of January 3 through January 16, 2021, which totals $10,275,103.09 and consists of ratification of electronic payments totaling $10,069,951.71 and ratification of the issuance of early checks totaling $205,151.38. 6.Fire Department Activity Report Recommendation: Receive and file theReceive and file the November 2020 Report. 7. Police Department Activity Report Recommendation: Receive and file the Receive and file the December 2020 Report. 8.Addendum and Amendment to Medicare Advantage Group Agreement with Blue Cross of California dba Anthem Blue Cross Recommendation: Ratify Addendum and Amendment to Medicare Advantage Group Agreement with Blue Cross of California dba Anthem Blue Cross for the renewal of Medicare health plan benefits and rates for the period of January 1, 2021 through December 31, 2021, covering the City’s Medicare eligible retirees and their eligible spouses. 9.Extend Purchase Contract with Priority Building Services, LLC for COVID-19 Related Janitorial Services Recommendation: Authorize an extension of the purchase contract with Priority Building Services, LLC to November 17, 2021 for COVID-19 related janitorial services, increasing the original contract amount by $129,480, for a total not-to-exceed contract cost of $233,400. NEW BUSINESS 10.Local Government Planning Support Grants Program Recommendation: Adopt Resolution No. 2021-01 approving and authorizing the submittal of an application to the Department of Housing and Community Development for, and receipt of, local government planning support grant program funds. Public Works Director Wall presented the staff report. MOTION Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to adopt Resolution No. 2021-01 approving and authorizing the submittal of an application to the Department ofHousing and Community Development for, and receipt of, local government planning support grant program funds. The question was called and the motion carried unanimously. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino provided an update on recent Police activities and Public Utility outages. He stated meetings would continue to be conducted remotely, until the Regular City Council Meeting Minutes Page 4 of 5 February 16, 2021 vaccine was more readily available and COVID-19 cases decreased. He discussed the potential City distribution of the vaccine. He announced the Cannabis Town Hall Virtual Meetings on February 22, 2021, 11:30 a.m. and March 4, 2021, 7:00 p.m.; ribbon cutting ceremony for the Little Libraries; and Community Spring event. Health and Environmental Control Department Director Agyin provided an update on COVID-19 testing. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. Council Member Menke reported that she and Council Member Gonzales attended the California Contract Cities Association Legislative Tour on January 12, 21, 28 and February 4, 2021. She stated there was no cost for attending. Mayor Lopez reported on her attendance at the White House COVID-19 Task Force on February 10, 2021. RECESS Mayor Lopez recessed the meeting to Closed Session at 9:42 a.m. CLOSED SESSION 11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Assessor's Parcel Numbers: 6304-007-900, 6314-033-901 and 6314-033-005 Agency Negotiators: Carlos Fandino, City Administrator Negotiating Party: Los Angeles County Flood Control District and Magellan Atlantic LLC Under Negotiation: Price and Terms of Payment RECONVENE At 9:58 a.m., Mayor Lopez adjourned Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT Interim City Attorney Alvarez-Glasman reported that the Council, with all five members present, met in Closed Session, received a presentation from Public Works Director Wall regarding APNs 6304-007-900, 6314-033-901 and 6314-033-005 (Negotiating Party: Los Angeles County Flood Control District and Magellan Atlantic LLC) and authorized further negotiations. Regular City Council Meeting Minutes Page 5 of 5 February 16, 2021 ADJOURNMENT Mayor Lopez adjourned the meeting at 9:58 a.m. ______________________________ LETICIA LOPEZ, Mayor ATTEST: _____________________________________ LISA POPE, City Clerk (seal) City Council Agenda Item Report Agenda Item No. COV-524-2021 Submitted by: John Lau Submitting Department: Finance/Treasury Meeting Date: March 2, 2021 SUBJECT Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 62, for the period of January 31 through February 13, 2021, which totals $4,554,490.71 and consists of ratification of electronic payments totaling $4,214,661.51, ratification of the issuance of early checks totaling $339,829.20 and voided Check Nos. 606848, 606873 totaling $8,426.70. 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. 62 covering claims and demands presented during the period of January 31 through February 13, 2021, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: The fiscal impact of approving Operating Account Warrant Register No. 62, totals $4,554,490.71. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 62. Attachments: 1. Operating Account Warrant Register No. 62 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021I hereby cerƟfy that claims and/or demands included in above listed warrantregister have been audited for accuracy and availability of funds for payments andthat said claims and/or demands are accurate and that the funds are available forpayments thereof.____________________________________________________________ScoƩ WilliamsDirector of Finance / City TreasurerDate: _______________________________________________________This is to cerƟfy that the claims or demands covered by the above listed warrantshave been audited by the City Council of the City of Vernon and that all of saidwarrants are approved for payments except Warrant Numbers:Void Checks: 606848, 606873________________________________________________________________________________________________________________________Printed: 2/24/2021 7:32:13AM2/24/2021 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.200250 $ 1,751.72 4Q20 Use Tax Payment 123120CA DEPARTMENT OF TAX & FEE ADM002242 ‐ 055.200250 $ 490.33 4Q20 Use Tax Payment 123120011.1004.530034 $ ‐0.05 4Q20 Use Tax Payment 123120$ 2,242.0002/02/2021 10816055.9200.500150 $ 31,790.33 IniƟal Charges 12/20 202012313147864481CALIFORNIA ISO002412 ‐ 055.9200.500150 $ ‐21.29 RecalculaƟon Charges 01/21 202012313147864481055.9200.500150 $ 255,225.54 IniƟal Charges 01/21 202101263148033416055.9200.500210 $ 14,352.29 IniƟal Charges 01/21 202101263148033416055.9200.500170 $ ‐18,883.70 IniƟal Charges 01/21 202101263148033416055.9200.500190 $ ‐6,574.58 IniƟal Charges 01/21 202101263148033416055.9200.500150 $ ‐49,437.79 RecalculaƟon Charges 10/20 202101263148033416055.9200.500170 $ ‐10,693.95 RecalculaƟon Charges 10/20 202101263148033416055.9200.500180 $ ‐37.29 RecalculaƟon Charges 10/20 202101263148033416055.9200.500190 $ ‐1,968.58 RecalculaƟon Charges 10/20 202101263148033416$ 213,750.9802/01/2021 10817Printed: 2/24/2021 7:32:13AMPage 1 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.596200 $ 5,910.00 Bloomberg Terminal~ 5605940790BLOOMBERG FINANCE, LP001479 ‐ $ 5,910.0002/02/2021 10818020.1084.595200 $ 4,359.63 Title 22 Monitoring 12200005CENTRAL BASIN WATER ASSOCATION001917 ‐ $ 4,359.6302/02/2021 10819011.1033.594000 $ 8,783.04 Dispatch Cost C0009670COUNTY OF LOS ANGELES001444 ‐ $ 8,783.0402/02/2021 10820020.1084.550000 $ 130.00 PublicaƟon Services B3429054DAILY JOURNAL CORPORATION000947 ‐ $ 130.0002/02/2021 10821055.9000.595200 $ 3,614.63 Natural Gas Compliance Services 111356G2 INTEGRATED SOLUTIONS, LLC006899 ‐ $ 3,614.6302/02/2021 10822020.1084.520000 $ 995.00 14" HUSQVARNA CUTOFF SAW~ 133487 011.0014608GARVEY EQUIPMENT COMPANY000399 ‐ 020.1084.520000 $ 101.99 Sales Tax 10.25 133487$ 1,096.9902/02/2021 10823055.9000.596200 $ 6,857.15 Env Compliance Support Services D3404500006JACOBS ENGINEERING GROUP, INC006886 ‐ $ 6,857.1502/02/2021 10824011.9019.590110 $ 911.10 Hardware & SoŌware Usage Fees 11696834KRONOS INCORPORATED005034 ‐ $ 911.1002/02/2021 10825Printed: 2/24/2021 7:32:13AMPage 2 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE057.1057.500173 $ 4,416.40 Internet Access Services 190181392LEVEL 3 COMMUNICATIONS, LLC003053 ‐ $ 4,416.4002/02/2021 10826020.1084.900000 $ 336.30 Hardware Supplies~ 49648392 011.0014443MCMASTER‐CARR SUPPLY COMPANY001150 ‐ $ 336.3002/02/2021 10827011.1004.520000 $ 332.30 Postage 777675NDS006687 ‐ $ 332.3002/02/2021 10828011.9019.590110 $ 10,000.00 GeoViewer Annual SubscripƟon~ 14942 011.0014684NOBEL SYSTEMS, INC005709 ‐ $ 10,000.0002/02/2021 10829011.1024.593200 $ 55.00 Re: General 887260RUTAN & TUCKER, LLP005433 ‐ $ 55.0002/02/2021 10830020.1084.500110 $ 218,950.94 Groundwater ProducƟon & Assessment 011421WATER REPLENISHMENT DISTRICT001658 ‐ $ 218,950.9402/02/2021 10831055.9000.900000 $ 2,360.00 Iridium 61298WIRELESS INNOVATION LIMITED004442 ‐ $ 2,360.0002/02/2021 10832011.1024.593200 $ 17,500.00 Monthly Retainer 02/21 012921ALVAREZ‐GLASMAN & COLVIN006865 ‐ $ 17,500.0002/04/2021 10833Printed: 2/24/2021 7:32:13AMPage 3 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1021.797000 $ 17,475.00 CommUNITY Fund Grant 012021ALZHEIMER'S GREATER LA006140 ‐ $ 17,475.0002/04/2021 10834011.1021.797000 $ 45,850.00 CommUNITY Fund Grant 012621CAMP TLC006983 ‐ $ 45,850.0002/04/2021 10835020.1084.500130 $ 30,502.51 Potable & Recycled Water VERDEC20CENTRAL BASIN MWD001401 ‐ $ 30,502.5102/04/2021 10836011.1021.797000 $ 25,000.00 CommUNITY Fund Grant 012621CHICAS ROCKERAS SOUTH EAST LA006977 ‐ $ 25,000.0002/04/2021 10837Printed: 2/24/2021 7:32:13AMPage 4 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.540000 $ 64.55 Uniforms 4069140260CINTAS CORPORATION005490 ‐ 011.1046.540000 $ 43.04 Uniforms 4069140260011.1047.540000 $ 43.04 Uniforms 4069140260011.1049.540000 $ 64.55 Uniforms 4069140260020.1084.540000 $ 140.49 Uniforms 4069140323055.8000.540000 $ 41.10 Uniforms 4069140323055.8100.540000 $ 150.02 Uniforms 4069140323056.5600.540000 $ 52.63 Uniforms 4069140323011.1043.540000 $ 65.97 Uniforms 4069769753011.1046.540000 $ 43.98 Uniforms 4069769753011.1047.540000 $ 43.97 Uniforms 4069769753011.1049.540000 $ 65.97 Uniforms 4069769753020.1084.540000 $ 140.49 Uniforms 4069769850055.8000.540000 $ 41.10 Uniforms 4069769850055.8100.540000 $ 150.02 Uniforms 4069769850056.5600.540000 $ 52.63 Uniforms 4069769850011.1043.540000 $ 93.92 Uniforms 4070436677011.1046.540000 $ 62.62 Uniforms 4070436677011.1047.540000 $ 62.63 Uniforms 4070436677011.1049.540000 $ 93.92 Uniforms 4070436677020.1084.540000 $ 144.18 Uniforms 4070436774055.8000.540000 $ 41.10 Uniforms 4070436774055.8100.540000 $ 150.02 Uniforms 4070436774Printed: 2/24/2021 7:32:13AMPage 5 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE056.5600.540000 $ 52.63 Uniforms 4070436774CINTAS CORPORATION005490 ‐ 011.1043.540000 $ 64.53 Uniforms 4071022218011.1046.540000 $ 43.02 Uniforms 4071022218011.1047.540000 $ 43.02 Uniforms 4071022218011.1049.540000 $ 64.53 Uniforms 4071022218020.1084.540000 $ 140.49 Uniforms 4071022325055.8000.540000 $ 41.10 Uniforms 4071022325055.8100.540000 $ 150.02 Uniforms 4071022325056.5600.540000 $ 52.63 Uniforms 4071022325011.1043.540000 $ 66.43 Uniforms 4071680778011.1046.540000 $ 44.30 Uniforms 4071680778011.1047.540000 $ 44.30 Uniforms 4071680778011.1049.540000 $ 66.43 Uniforms 4071680778020.1084.540000 $ 144.18 Uniforms 4071680877055.8000.540000 $ 41.10 Uniforms 4071680877055.8100.540000 $ 150.02 Uniforms 4071680877056.5600.540000 $ 57.98 Uniforms 4071680877$ 3,118.6502/04/2021 10838011.1021.797000 $ 60,000.00 CommUNITY Fund Grant Award 012021EAST LA COMMUNITY CORPORATION005590 ‐ $ 60,000.0002/04/2021 10839Printed: 2/24/2021 7:32:13AMPage 6 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1021.797000 $ 40,000.00 CommUNITY Fund Grant Award 012021ECHO TRAINING006496 ‐ $ 40,000.0002/04/2021 10840011.1021.797000 $ 30,000.00 CommUNITY Fund Grant Award 012021GIRL SCOUTS OF GREATER LA005806 ‐ $ 30,000.0002/04/2021 10841011.1021.797000 $ 20,000.00 CommUNITY Fund Grant Award 012021GIRLS ON THE RUN OF LA COUNTY006498 ‐ $ 20,000.0002/04/2021 10842011.1021.797000 $ 25,000.00 CommUNITY Fund Grant Award 012021HUMAN SERVICES ASSOCIATION003911 ‐ $ 25,000.0002/04/2021 10843055.9200.596200 $ 1,250.00 OTC Commission Adjustment 1220001688088ICE US OTC COMMODITY MARKETS,004500 ‐ $ 1,250.0002/04/2021 10844011.1031.596500 $ 265.20 Sherman Block SLI Class 463‐5 010621GABRIEL MARTINEZ000996 ‐ $ 265.2002/04/2021 10845Printed: 2/24/2021 7:32:13AMPage 7 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.120030 $ 6,304.79 Diesel Fuel 2210126 011.0014685MERRIMAC ENERGY GROUP000209 ‐ 011.120030 $ 3.00 Fed UST ‐ DSL 2210126 011.0014685011.120030 $ 21.44 AB32 Fee 2210126 011.0014685011.120030 $ 1,154.23 State Diesel Tax 2210126 011.0014685011.120030 $ 6.42 Fed Oil Spill DSL 2210126 011.0014685011.120030 $ 966.18 Clear Diesel Sales Tax 2210126011.120030 $ 6,471.35 Unleaded Fuel 2210127 011.0014685011.120030 $ 3.19 Fed UST Gas 2210127 011.0014685011.120030 $ 4.79 Ca. Childhood Lead Fee 2210127 011.0014685011.120030 $ 5.07 State Enviro Gas 2210127 011.0014685011.120030 $ 6.16 Fed Oil Spill Gas 2210127 011.0014685011.120030 $ 22.24 AB32 Fee 2210127 011.0014685011.120030 $ 1,611.46 State Gasoline Tax 2210127 011.0014685011.120030 $ 365.62 Fuel Sales Tax 4.50% 2210127$ 16,945.9402/04/2021 10846011.1004.401250 $ 71,557.60 Sales Tax Sharing Agreement~ 020121NATIONAL READY MIXED CONCRETE006571 ‐ $ 71,557.6002/04/2021 10847Printed: 2/24/2021 7:32:13AMPage 8 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.590000 $ 3,239.00 Traffic Signal Maintenance 5610243672SIEMENS MOBILITY, INC001079 ‐ 011.1043.590000 $ 3,239.00 Traffic Signal Maintenance 5610247657011.1043.590000 $ 3,583.28 Traffic Signal Maintenance 5620029844011.1043.590000 $ 3,889.28 Traffic Signal Maintenance 5620030841$ 13,950.5602/04/2021 10848055.9200.500170 $ 24,669.00 Laguna Bell 01/21 7501208924SO CAL EDISON000059 ‐ 055.9200.500170 $ 59,400.00 Victorville Lugo Vernon 01/21 7501210240055.9200.500170 $ 140,400.00 Mead Laguna Bell 01/21 7501210241$ 224,469.0002/04/2021 10849011.1021.797000 $ 50,000.00 CommUNITY Fund Grant 012021SOUTHEAST CHURCHES SERVICE CEN005502 ‐ $ 50,000.0002/04/2021 10850011.1021.797000 $ 30,000.00 CommUNITY Fund Grant 012021WOODCRAFT RANGERS005721 ‐ $ 30,000.0002/04/2021 10851011.1021.797000 $ 30,000.00 CommUNITY Fund Grant 012621YWCA GREATER LOS ANGELES006978 ‐ $ 30,000.0002/04/2021 10852011.1026.502031 $ 14,887.78 Medical ReƟrees~ 181421252ANTHEM BLUE CROSS005182 ‐ $ 14,887.7802/04/2021 10853Printed: 2/24/2021 7:32:13AMPage 9 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ ‐61.01 RecalculaƟon Charges 04/18 202102023148102048CALIFORNIA ISO002412 ‐ 055.9200.500190 $ ‐2,296.18 RecalculaƟon Charges 04/18 202102023148102048055.9200.500150 $ 295,496.11 IniƟal Charges 01/21 202102023148102048055.9200.500210 $ 16,561.60 IniƟal Charges 01/21 202102023148102048055.9200.500170 $ ‐11,642.12 IniƟal Charges 01/21 202102023148102048055.9200.500190 $ ‐516.29 IniƟal Charges 01/21 202102023148102048$ 297,542.1102/08/2021 10856011.1026.594200 $ 6,105.33 TPA Fees 02/21 IVC23896ATHENS INSURANCE SERVICES, INC004303 ‐ $ 6,105.3302/09/2021 10857057.1057.500173 $ 4,139.00 Internet Access Services BBUS00031853BROADBAND, LLC000267 ‐ $ 4,139.0002/09/2021 10858011.9019.520010 $ 3,124.48 Fargo HDP 5000 Dual‐Sided ‐ plasƟc 6393178 011.0014679CDW GOVERNMENT, INC000447 ‐ 011.9019.520010 $ 320.26 Sales Tax 10.25 6393178$ 3,444.7402/09/2021 10859Printed: 2/24/2021 7:32:13AMPage 10 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.9019.520010 $ 931.20 Dell Stereo Soundbar – AC511M 10454170851 011.0014678DELL MARKETING LP001206 ‐ 011.9019.520010 $ 95.45 Sales Tax 10.25 10454170851011.9019.520010 $ 3,751.72 Dell 24 Monitor ‐ E2420H, 60.5cm (23.8") 10454261600 011.0014677011.9019.520010 $ 140.00 ENVIRONMENTAL FEE 10454261600 011.0014677011.9019.520010 $ 384.55 Sales Tax 10.25 10454261600$ 5,302.9202/09/2021 10860011.9019.520010 $ 4,232.40 VERITAS Backup Exec Gold ‐ On‐Premise 1100787057 011.0014650INSIGHT PUBLIC SECTOR, INC003606 ‐ $ 4,232.4002/09/2021 10861011.1060.595200 $ 2,100.00 Health Officer Services V015LAURENE MASCOLA006869 ‐ $ 2,100.0002/09/2021 10862011.1004.520000 $ 5,000.00 Postage Replenishment 1714NDS006687 ‐ $ 5,000.0002/09/2021 10863055.9200.500154 $ 285,175.11 Astoria 2 Solar Project ATSP0221SO CAL PUBLIC POWER AUTHORITY002517 ‐ $ 285,175.1102/09/2021 10864Printed: 2/24/2021 7:32:13AMPage 11 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.590000 $ 1,064.93 Air CondiƟoner Maintenance 626980WESTERN ALLIED CORPORATION006120 ‐ 011.1049.590000 $ 1,032.00 Air CondiƟoner Maintenance 627344011.1049.590000 $ 367.00 Air CondiƟoner Maintenance 627399011.1049.590000 $ 516.00 Air CondiƟoner Maintenance 627404011.1049.590000 $ 1,060.65 Air CondiƟoner Maintenance 627436011.1049.590000 $ 1,627.00 Air CondiƟoner Maintenance 902637011.1049.590000 $ 927.00 Air CondiƟoner Maintenance 902696$ 6,594.5802/09/2021 10865011.9019.520010 $ 4,156.64 Quantum ‐ LTO Ultrium 7 x 20 ‐ 6 TB ‐ K16608640101 011.0014681ZONES, LLC005784 ‐ 011.9019.520010 $ 426.06 Sales Tax 10.25 K16608640101$ 4,582.7002/09/2021 10866011.1024.593200 $ 6,204.20 General Law Services 08/20 20200819613ALVAREZ‐GLASMAN & COLVIN006865 ‐ 011.1024.593200 $ 258.50 Special Legal Services 08/20 20200819614011.1024.593200 $ 4,675.00 LiƟgaƟon Services 08/20~ 20200819615011.1024.593200 $ 175.00 LiƟgaƟon Services 08/20~ 20200819616011.1024.593200 $ 3,216.90 LiƟgaƟon Services 08/20~ 20200819617$ 14,529.6002/12/2021 10867Printed: 2/24/2021 7:32:13AMPage 12 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1024.593200 $ 3,169.43 General Law Services 09/20 20200919620ALVAREZ‐GLASMAN & COLVIN006865 ‐ 011.1024.593200 $ 4,606.00 Special Legal Services 09/20 20200919621011.1024.593200 $ 1,225.00 LiƟgaƟon Services 09/20~ 20200919622011.1024.593200 $ 25.00 LiƟgaƟon Services 09/20~ 20200919623011.1024.593200 $ 75.00 LiƟgaƟon Services 09/20~ 20200919624011.1024.593200 $ 534.50 LiƟgaƟon Services 09/20~ 20200919625$ 9,634.9302/12/2021 10868055.9000.596200 $ 12,168.00 Security Services~ 4391JRM006198 ‐ 055.8100.596200 $ 74,220.00 Security Services~ 4392$ 86,388.0002/12/2021 10869055.9000.596550 $ 6,000.00 Membership Dues~ 4044LA COUNTY BUSINESS FEDERATION006570 ‐ $ 6,000.0002/12/2021 10870011.1048.530015 $ 400.74 Reimb. Possessory Interest Tax~ 020821LUZ MARTINEZ001605 ‐ $ 400.7402/12/2021 10871055.9100.900000 $ 397,308.89 Electric Service Maintenance 01/21 210021PETRELLI ELECTRIC, INC003049 ‐ 055.8300.590000 $ 578,535.70 Electric Service Maintenance 01/21 210021055.9100.900000 $ 475,480.39 Bond Projects 210021$ 1,451,324.9802/11/2021 10872Printed: 2/24/2021 7:32:13AMPage 13 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1003.520000 $ 57.98 Period: 12/20 723262482FEDEX000249 ‐ 011.1026.520000 $ 84.53 Period: 12/20 723262482011.1003.520000 $ 60.20 Period: 01/21 723873357011.1002.520000 $ 40.00 Period: 01/21 726135899$ 242.7102/10/2021 10873011.210210 $ 16.92 Medicare Tax: 3rd Party Sick Pay 010821THE DEPARTMENT OF THE TREASURY004075 ‐ $ 16.9201/26/2021 10874Printed: 2/24/2021 7:32:13AMPage 14 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1001.502020 $ 1,407.01 Monthly Expense of UAL~ 100000016284813CALPERS000714 ‐ 011.1002.502020 $ 9,185.37 Monthly Expense of UAL~ 100000016284813011.1003.502020 $ 5,282.91 Monthly Expense of UAL~ 100000016284813011.1004.502020 $ 19,485.72 Monthly Expense of UAL~ 100000016284813011.1024.502020 $ 4,672.32 Monthly Expense of UAL~ 100000016284813011.1026.502020 $ 9,557.03 Monthly Expense of UAL~ 100000016284813011.1031.502020 $ 16,485.87 Monthly Expense of UAL~ 100000016284813011.1033.502020 $ 3,743.17 Monthly Expense of UAL~ 100000016284813011.1040.502020 $ 6,636.83 Monthly Expense of UAL~ 100000016284813011.1041.502020 $ 8,787.16 Monthly Expense of UAL~ 100000016284813011.1043.502020 $ 27,025.15 Monthly Expense of UAL~ 100000016284813011.1046.502020 $ 5,123.63 Monthly Expense of UAL~ 100000016284813011.1047.502020 $ 4,884.70 Monthly Expense of UAL~ 100000016284813011.1048.502020 $ 2,468.90 Monthly Expense of UAL~ 100000016284813011.1049.502020 $ 5,309.46 Monthly Expense of UAL~ 100000016284813057.1057.502020 $ 1,035.34 Monthly Expense of UAL~ 100000016284813011.1060.502020 $ 11,415.34 Monthly Expense of UAL~ 100000016284813020.1084.502020 $ 21,954.62 Monthly Expense of UAL~ 100000016284813056.5600.502020 $ 9,875.60 Monthly Expense of UAL~ 100000016284813055.7100.502020 $ 5,070.53 Monthly Expense of UAL~ 100000016284813055.7200.502020 $ 584.04 Monthly Expense of UAL~ 100000016284813055.8000.502020 $ 8,972.99 Monthly Expense of UAL~ 100000016284813055.8100.502020 $ 23,096.15 Monthly Expense of UAL~ 100000016284813Printed: 2/24/2021 7:32:13AMPage 15 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.8400.502020 $ 929.16 Monthly Expense of UAL~ 100000016284813CALPERS000714 ‐ 055.9000.502020 $ 18,344.17 Monthly Expense of UAL~ 100000016284813011.9019.502020 $ 9,079.18 Monthly Expense of UAL~ 100000016284813055.9100.502020 $ 16,220.40 Monthly Expense of UAL~ 100000016284813055.9200.502020 $ 8,840.25 Monthly Expense of UAL~ 100000016284813011.1031.502020 $ 188,509.00 Monthly Expense of UAL~ 100000016284823011.1033.502020 $ 770.00 Monthly Expense of UAL 100000016284831011.1031.502020 $ 296.00 Monthly Expense of UAL~ 100000016284835011.1033.502020 $ 300,854.00 Monthly Expense of UAL~ 100000016284841011.1024.502020 $ 54.00 Monthly Expense of UAL~ 100000016284848$ 755,956.0001/28/2021 10875055.9200.560010 $ 652.66 Period: 12/01/20 ‐ 01/01/21 010521SO CAL EDISON000059 ‐ 011.1043.560000 $ 315.89 Period: 12/01/20 ‐ 01/01/21 010521(2)011.1043.560000 $ 78.86 Period: 12/16/20 ‐ 01/15/21 011621055.8100.560010 $ 21.11 Period: 12/01/20 ‐ 12/30/20 123120011.1043.560000 $ 50.28 Period: 12/01/20 ‐ 12/30/20 123120(2)$ 1,118.8002/02/2021 10876Printed: 2/24/2021 7:32:13AMPage 16 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1048.560000 $ 44.71 Period: 12/09/20 ‐ 01/09/21 011221THE GAS COMPANY001581 ‐ 011.1033.560000 $ 16.21 Period: 12/09/20 ‐ 01/09/21 011221(2)011.1033.560000 $ 17.82 Period: 12/09/20 ‐ 01/09/21 011221(3)056.5600.560000 $ 112.16 Period: 12/10/20 ‐ 01/11/21 011321(2)011.1049.560000 $ 826.36 Period: 12/10/20 ‐ 01/11/21 011321(3)011.1043.560000 $ 413.18 Period: 12/10/20 ‐ 01/11/21 011321(3)020.1084.560000 $ 413.18 Period: 12/10/20 ‐ 01/11/21 011321(3)011.1049.560000 $ 1,553.94 Period: 12/10/20 ‐ 01/10/21 011321(4)$ 3,397.5602/02/2021 10877011.1043.520000 $ 2,922.58 Small Tools & Plumbing Hardware~ 122820_MULTIPLE 011.0014456HOME DEPOT CREDIT SERVICES001552 ‐ 011.1048.520000 $ 2,884.39 Small Tools & Plumbing Hardware~ 122820_MULTIPLE 011.0014456011.1049.520000 $ 1,783.64 Small Tools & Plumbing Hardware~ 122820_MULTIPLE 011.0014456$ 7,590.6102/04/2021 10878056.5600.520000 $ 375.25 Building Supplies ~ 121720_MULTIPLE 056.0000617HOME DEPOT CREDIT SERVICES001552 ‐ 055.8400.590000 $ 462.37 Small Tools, Plumbing, & Hardware 122120_MULTIPLE 055.0002809$ 837.6202/05/2021 10879011.1041.520000 $ 48.72 Period: 01/21 933312011(2)UPS001617 ‐ 011.1041.520000 $ 58.34 Period: 01/21 933312021(2)011.1041.520000 $ 146.39 Period: 01/21 933312031(2)$ 253.4502/04/2021 10880Printed: 2/24/2021 7:32:13AMPage 17 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE056.5600.520000 $ 11.71 Office Supplies 133030330002OFFICE DEPOT002190 ‐ 055.7100.520000 $ 24.67 Office Supplies 145161155001055.9000.520000 $ 68.65 Office Supplies 145161155001055.7100.520000 $ 47.85 Office Supplies 145163346001055.8000.520000 $ 285.16 Office Supplies 145163346001055.8100.520000 $ 51.02 Office Supplies 145163346001055.9000.520000 $ 14.48 Office Supplies 145163346001055.9100.520000 $ 54.67 Office Supplies 145163346001055.8000.520000 $ 20.27 Office Supplies 145163346002055.8000.520000 $ 18.73 Office Supplies 145163348001055.7100.520000 $ 24.66 Office Supplies 145285047001055.9000.520000 $ 42.25 Office Supplies 145285047001055.9000.520000 $ 165.63 Office Supplies 145285718001056.5600.520000 $ 42.25 Office Supplies 145318870001$ 872.0002/05/2021 10881TOTAL ELECTRONIC$ 4,214,661.51Printed: 2/24/2021 7:32:13AMPage 18 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.8100.596200 $ 122.43 Portable Restrooms 679324A THRONE CO, INC000005 ‐ 055.8100.596200 $ 279.14 Portable Restrooms 679325055.8100.596200 $ 122.43 Portable Restrooms 679326$ 524.0002/02/2021 606832056.5600.590000 $ 694.80 AB‐BVBM‐F4N‐B~ IN14011 056.0000630A‐BEST INDUSTRIAL, INC004318 ‐ 056.5600.590000 $ 1,598.00 AB‐MOELE0430S~ IN14011 056.0000630056.5600.590000 $ 42.79 Freight IN14011 056.0000630056.5600.590000 $ 217.82 Sales Tax 9.5% IN14011$ 2,553.4102/02/2021 606833011.1046.520000 $ 150.00 009new parts 30574 011.0014633AFC HYDRAULIC SEALS & REPAIR001723 ‐ 011.1046.520000 $ 180.00 Hose assembly and machine new plates 30574011.0014633011.1046.590000 $ 650.00 labor 30574 011.0014633011.1046.520000 $ 33.83 Sales Tax 10.25 30574$ 1,013.8302/02/2021 606834011.1049.900000 $ 3,700.00 Asbestos Removal & Clearance 10245AMBIENT ENVIRONMENTAL, INC005654 ‐ $ 3,700.0002/02/2021 606835011.9019.590110 $ 2,025.75 Period: 01/19/21 ‐ 02/18/21 6331799502AT&T001948 ‐ 011.9019.590110 $ 1,979.40 Period: 10/19/20 ‐ 11/18/20 6810726505011.9019.590110 $ 1,979.40 Period: 12/19/20 ‐ 01/18/21 7480729507$ 5,984.5502/02/2021 606836Printed: 2/24/2021 7:32:13AMPage 19 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1024.593200 $ 961.00 Re: Garcia‐MarƟnez v. City of Vernon~ 263342BURKE, WILLIAMS & SORENSEN, LL005078 ‐ $ 961.0002/02/2021 606837011.1004.595200 $ 22,000.00 AudiƟng Services 2717079CLIFTONLARSONALLEN, LLP006972 ‐ $ 22,000.0002/02/2021 606838011.1049.520000 $ 44.01 Electrical Supplies & Hardware~ 264864 011.0014462CURRENT WHOLESALE ELECTRIC SUP001336 ‐ 011.1049.520000 $ 151.97 Electrical Supplies & Hardware~ 265379 011.0014462011.1049.520000 $ 14.29 Electrical Supplies & Hardware~ 265383 011.0014462$ 210.2702/02/2021 606839011.1026.596200 $ 145.46 Recruitment Brochure~ 012121DANN FROEHLICH DESIGN006011 ‐ $ 145.4602/02/2021 606840055.8400.590000 $ 439.02 SF9 SubstaƟon Equipment TesƟng I43482DILO COMPANY, INC004251 ‐ $ 439.0202/02/2021 606841055.8100.596700 $ 900.00 Flagger Safety Training 318726EHS INTERNATIONAL, INC005229 ‐ 056.5600.596700 $ 900.00 Flagger Safety Training 318726055.8100.596700 $ 900.00 Confined Space Entry Training 318727056.5600.596700 $ 900.00 Confined Space Entry Training 318727$ 3,600.0002/02/2021 606842011.1049.590000 $ 4,720.09 Diesel Fuel Polishing 2507FUELTEC, INC006901 ‐ $ 4,720.0902/02/2021 606844Printed: 2/24/2021 7:32:13AMPage 20 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE020.1084.500140 $ 1,087.40 Sodium Hypochlorite 142990FULLER ENGINEERING, INC006622 ‐ 020.1084.500140 $ 1,035.34 Sodium Hypochlorite 143066$ 2,122.7402/02/2021 606845055.8000.520000 $ 54.04 Various Materials & Tools~ 9709202619 055.0002801GRAINGER, CO001712 ‐ 055.8100.520000 $ 68.09 Various Materials & Tools~ 9738463703 055.0002801055.8100.520000 $ 43.50 Various Materials & Tools~ 9773527867 055.0002801$ 165.6302/02/2021 606846020.1084.900000 $ 1,180.00 Engineering Services 11/20 ENG7189HARPER & ASSOCIATES ENGINEERIN000280 ‐ 020.1084.900000 $ 2,990.00 Engineering Services 12/20 ENG7202$ 4,170.0002/02/2021 606847011.1026.594200 $ 106.50 ParƟcipaƟon Fee 229590IGOE & COMPANY, INC000686 ‐ $ 106.5002/02/2021 606849011.1026.550000 $ 312.00 Job Ads~ 2022018JOBS AVAILABLE, INC000445 ‐ $ 312.0002/02/2021 606850011.1031.596200 $ 11,000.00 Lexipol SubscripƟon~ INV415LEXIPOL, LLC002732 ‐ 011.4031.840000 $ 1,672.00 Lexipol SubscripƟon~ INV415011.4031.840000 $ 6,000.00 Lexipol SubscripƟon~ INV5169$ 18,672.0002/02/2021 606851011.1031.520000 $ 152.44 Bench Fees~ 344647LIFELOC TECHNOLOGIES004001 ‐ $ 152.4402/02/2021 606852Printed: 2/24/2021 7:32:13AMPage 21 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 412.37 Tires, Accessories & Repairs~ 2790 011.0014434LOPEZ & LOPEZ TIRE SERVICE003908 ‐ 011.1046.590000 $ 22.00 Tires, Accessories & Repairs~ 2790 011.0014434011.1046.590000 $ 20.00 Tires, Accessories & Repairs~ 2882 011.0014434011.1046.520000 $ 341.20 Tires, Accessories & Repairs~ 2927 011.0014434011.1046.590000 $ 20.00 Tires, Accessories & Repairs~ 2952 011.0014434$ 815.5702/02/2021 606853011.1049.590000 $ 1,940.00 Annual Sprinkler InspecƟon A10135MARX BROS FIRE EXTINGUISHER CO003231 ‐ $ 1,940.0002/02/2021 606854011.9019.595210 $ 825.00 Computer Programming Services 329MILLSOFT, LLC006228 ‐ 011.9019.595210 $ 725.00 Computer Programming Services 333$ 1,550.0002/02/2021 606855011.1048.590000 $ 10,022.31 Install Vinyl Windows~ 16567MONTEBELLO GLASS & MIRROR CO.005780 ‐ 011.1049.590000 $ 7,500.00 Install Glass~ 16580011.1049.590000 $ 2,520.00 Install Tempered Safety Glass~ 16591$ 20,042.3102/02/2021 606856011.9019.590110 $ 3,601.47 Managed Print Services IN1763066MRC SMART TECHNOLOGY SOLUTIONS006203 ‐ $ 3,601.4702/02/2021 606857Printed: 2/24/2021 7:32:13AMPage 22 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 48.22 Auto Parts & Accessories~ 59786 011.0014435NAPA AUTO PARTS000309 ‐ 011.1046.520000 $ 116.06 Auto Parts & Accessories~ 59955 011.0014435011.1046.520000 $ 221.41 Auto Parts & Accessories~ 59974 011.0014435011.1046.520000 $ 65.52 Auto Parts & Accessories~ 62195 011.0014435011.1046.520000 $ 32.76 Auto Parts & Accessories~ 62197 011.0014435011.1046.520000 $ 12.58 Auto Parts & Accessories~ 62236 011.0014435011.1046.520000 $ 90.87 Auto Parts & Accessories~ 63556 011.0014435$ 587.4202/02/2021 606858011.1031.570000 $ 300.98 Car Wash Services 10035NCM CARWASH006613 ‐ 011.1031.570000 $ 46.30 Car Wash Services 10039011.1031.570000 $ 69.46 Car Wash Services 10040011.1031.570000 $ 382.02 Car Wash Services 10041011.1031.570000 $ 11.58 Car Wash Services 10042011.1031.570000 $ 23.15 Car Wash Services 10043$ 833.4902/02/2021 606859011.1026.597000 $ 138.00 Medical Services 69950531OCCUPATIONAL HEALTH CENTERS OF006586 ‐ 011.1026.597000 $ 276.00 Medical Services 70001638$ 414.0002/02/2021 606860011.1070.550000 $ 5,306.05 Equipment Rentals~ 46108ORBIT EVENT RENTALS006385 ‐ $ 5,306.0502/02/2021 606861Printed: 2/24/2021 7:32:13AMPage 23 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 67.63 Auto Parts & Accessories~ 3049312845 011.0014436O'REILLY AUTO PARTS005934 ‐ 011.1046.520000 $ 142.95 Auto Parts & Accessories~ 3049312966 011.0014436011.1046.520000 $ ‐141.98 Auto Parts & Accessories~ 3049312982 011.0014436011.1046.520000 $ 26.19 Auto Parts & Accessories~ 3049313010 011.0014436011.1046.520000 $ 5.51 Auto Parts & Accessories~ 3049313141 011.0014436011.1046.520000 $ 6.60 Auto Parts & Accessories~ 3049313853 011.0014436011.1046.520000 $ 346.38 Auto Parts & Accessories~ 3049314757 011.0014436$ 453.2802/02/2021 606862011.1046.520000 $ 142.00 Thermostat & Gasket 4158 011.0014630PACIFIC AUTO REPAIR004831 ‐ 011.1046.520000 $ 47.00 AnƟ Freeze 4158 011.0014630011.1046.590000 $ 495.00 Labor 4158 011.0014630011.1046.520000 $ 19.37 Sales Tax 10.25 4158$ 703.3702/02/2021 606863055.8300.596200 $ 641.43 Janitorial Services 01/21~ 73708PRIORITY BUILDING SERVICES, LL006416 ‐ 055.8400.596200 $ 774.18 Janitorial Services 01/21~ 73708056.5600.596200 $ 884.62 Janitorial Services 01/21~ 73708$ 2,300.2302/02/2021 606864011.1046.590000 $ 804.00 Car Wash Services 277380QUALIFIED MOBILE, INC006612 ‐ 011.1046.590000 $ 725.00 Car Wash Services 277650011.1046.590000 $ 676.00 Car Wash Services 277863$ 2,205.0002/02/2021 606865Printed: 2/24/2021 7:32:13AMPage 24 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 325.12 3647152 hydraulic lines PC810905753 011.0014631QUINN COMPANY001457 ‐ 011.1046.520000 $ 99.18 3621584 hose assembly PC810905753 011.0014631011.1046.520000 $ 30.00 hose assembly PC810905753 011.0014631011.1046.520000 $ 43.16 Sales Tax 9.5% PC810905753$ 497.4602/02/2021 606866011.9019.560010 $ 34.47 Period: 08/02/20 ‐ 09/01/20 677975318226SPRINT001017 ‐ 011.9019.560010 $ 34.51 Period: 09/02/20 ‐ 10/01/20 677975318227011.9019.560010 $ 34.54 Period: 10/02/20 ‐ 11/01/20 677975318228011.9019.560010 $ 34.67 Period: 11/02/20 ‐ 12/01/20 677975318229011.9019.560010 $ 35.01 Period: 12/02/20 ‐ 01/01/21 677975318230$ 173.2002/02/2021 606867011.9019.590110 $ 7,904.00 PD Phone Recording System 10867STANCIL CORPORATION000838 ‐ $ 7,904.0002/02/2021 606868011.1024.593200 $ 33,334.19 Re: Jerry Chavez v. City of Vernon~ 17940STREAM KIM HICKS WRAGE & ALFAR006438 ‐ $ 33,334.1902/02/2021 606869011.1049.590000 $ 639.51 Elevator Service & Maintenance 3005337637THYSSENKRUPP ELEVATOR CORPORAT006132 ‐ 011.1049.590000 $ 639.51 Elevator Service & Maintenance 3005518210011.1049.590000 $ 639.51 Elevator Service & Maintenance 3005686602$ 1,918.5302/02/2021 606870Printed: 2/24/2021 7:32:13AMPage 25 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 1,350.00 2455518 Ɵres 18194638 011.0014635TIREHUB, LLC006371 ‐ 011.1046.590000 $ 17.50 Ɵre fee 18194638 011.0014635011.1046.520000 $ 128.26 Sales Tax 9.5% 18194638$ 1,495.7602/02/2021 606871011.1043.590000 $ 24,107.00 Urban Forest Management Services 163658WEST COAST ARBORISTS, INC000317 ‐ 011.1043.590000 $ 55,548.00 Urban Forest Management Services 164305$ 79,655.0002/02/2021 606872011.1004.502090 $ 2,500.00 SeƩlement & Release Agreement~ 020421LAW OFFICES OF SHARONA ESLAMBO006993 ‐ $ 2,500.0002/09/2021 606874011.1049.520000 $ 236.00 Monofoil D 1‐gallon 3251 011.0014717AMERICAN SAFETY PRODUCTS006934 ‐ 011.1049.520000 $ 378.00 Mono Spray 1/2 gallon ~ 3251 011.0014717011.1049.520000 $ 172.00 Scrubs‐In‐A‐Bucket Cleaning Towel ~ 3251 011.0014717011.1049.520000 $ 570.00 SoŌ Petals 2‐ply Recycled Toilet Tissue 3251 011.0014717011.1049.520000 $ 741.12 Alcohol Wipes ~ 3251 011.0014717011.1049.520000 $ 214.95 Sales Tax 10.25 3251$ 2,312.0702/09/2021 606875Printed: 2/24/2021 7:32:13AMPage 26 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 64.85 Pinion Seal PN 710508 34013 011.0014627ANAYA SERVICE CENTER006308 ‐ 011.1046.520000 $ 17.95 Gear Oil 75/90w 34013 011.0014627011.1046.590000 $ 120.00 Labor for repairs 34013 011.0014627011.1046.520000 $ 7.87 Sales Tax 9.5% 34013011.1046.520000 $ 29.55 7T4Z‐9450‐AA Gasket 34137 011.0014634011.1046.520000 $ 389.95 DB5Z‐5G203‐A Tube Assembly 34137 011.0014634011.1046.520000 $ 25.80 AA5Z‐6L612‐A Gasket 34137 011.0014634011.1046.520000 $ 90.28 Oxygen Sensor dy1173 34137 011.0014634011.1046.590000 $ 420.00 Labor for repairs 34137 011.0014634011.1046.520000 $ 50.88 Sales Tax 9.5% 34137$ 1,217.1302/09/2021 606876011.9019.560010 $ 22.88 Period: 11/06/20 ‐ 12/05/20 15708123AT&T001948 ‐ 011.9019.560010 $ 2,470.79 Period: 11/10/20 ‐ 12/09/20 15721856011.9019.560010 $ 44.36 Period: 11/10/20 ‐ 12/09/20 15721857011.9019.560010 $ 2,085.61 Period: 11/10/20 ‐ 12/09/20 15721859011.9019.560010 $ 1,065.69 Period: 11/10/20 ‐ 12/09/20 15721860011.9019.560010 $ 203.95 Period: 11/10/20 ‐ 12/09/20 15722292011.9019.560010 $ 21.32 Period: 11/15/20 ‐ 12/14/20 15762820$ 5,914.6002/09/2021 606877055.9200.560010 $ 294.99 Period: 01/19/21 ‐ 02/18/21 3124622653AT&T001948 ‐ $ 294.9902/09/2021 606878Printed: 2/24/2021 7:32:13AMPage 27 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.560010 $ 33.73 Period: 12/09/20 ‐ 01/08/21 832176480X01162021AT&T MOBILITY002889 ‐ $ 33.7302/09/2021 606879011.1046.520000 $ 106.84 Vehicle BaƩeries~ 6285096 011.0014428BATTERY SYSTEMS, INC004448 ‐ 011.1046.520000 $ 106.84 Vehicle BaƩeries~ 6286043 011.0014428011.1046.520000 $ 106.84 Vehicle BaƩeries~ 6303537 011.0014428011.1046.520000 $ 66.15 Vehicle BaƩeries~ 6350917 011.0014428011.1046.520000 $ 630.03 Vehicle BaƩeries~ 6357820 011.0014428$ 1,016.7002/09/2021 606880011.1046.520000 $ 523.91 Front End Repair & Alignment Services~ 62210 011.0014429CALIFORNIA FRAME & AXLE001973 ‐ 011.1046.590000 $ 550.00 Front End Repair & Alignment Services~ 62210 011.0014429011.1046.590000 $ 45.00 Front End Repair & Alignment Services~ 62304 011.0014429$ 1,118.9102/09/2021 606881011.1046.520000 $ 61.41 Auto Parts~ 51267 011.0014430CAMINO REAL CHEVROLET000818 ‐ 011.1046.520000 $ 13.09 380112 Sealant CVCS192722 011.0014632011.1046.520000 $ 117.96 1MXU9 Gasket CVCS192722 011.0014632011.1046.590000 $ 840.00 Labor to remove and install fuel tank CVCS192722 011.0014632011.1046.520000 $ 12.45 Sales Tax 9.5% CVCS192722$ 1,044.9102/09/2021 606882011.1031.596700 $ 620.00 DUI Seminar / A. Madrigal 012821CAVENAUGH & ASSOCIATES000068 ‐ 011.1031.596700 $ 620.00 DUI Seminar / N. Mannino 012821(2)$ 1,240.0002/09/2021 606883Printed: 2/24/2021 7:32:13AMPage 28 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 56.38 Auto Parts~ 367167 011.0014431CENTRAL FORD004163 ‐ 011.1046.520000 $ 32.77 Auto Parts~ 367350 011.0014431011.1046.520000 $ 145.53 Auto Parts~ 367358 011.0014431011.1046.520000 $ 31.99 Auto Parts~ 367360 011.0014431$ 266.6702/09/2021 606884011.1049.590000 $ 545.00 Overhead Doors Maintenance 19260COMMERCIAL DOOR OF LOS ANGELES000331 ‐ $ 545.0002/09/2021 606885020.1084.900000 $ 13,132.80 10" 131G‐CFBCSPEYKCX D/S 150#~ N359202 011.0014651CORE & MAIN LP004412 ‐ 020.1084.900000 $ 3,981.48 VC‐22D Controller N359202 011.0014651020.1084.900000 $ 69.01 Freight N359202 011.0014651020.1084.900000 $ 1,754.22 Sales Tax 10.25 N359202$ 18,937.5102/09/2021 606886011.1046.520000 $ 895.00 rebuilt transmission 011821 011.0014637EL MONTE TRANSMISSION004093 ‐ 011.1046.590000 $ 800.00 Labor to remove install transmission 011821 011.0014637011.1046.520000 $ 89.50 Sales Tax 10.00 011821$ 1,784.5002/09/2021 606887056.5600.596200 $ 2,457.00 OQ Renewal~ SIN003716ENERGY WORLDNET, INC004762 ‐ $ 2,457.0002/09/2021 606888Printed: 2/24/2021 7:32:13AMPage 29 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE020.1084.596700 $ 1,890.00 Pryor + Renewal 265431FRED PRYOR SEMINARS & CAREERTR000159 ‐ 055.8100.596700 $ 567.00 Pryor + Renewal 265431055.9000.596700 $ 189.00 Pryor + Renewal 265431055.9100.596700 $ 1,134.00 Pryor + Renewal 265431056.5600.596700 $ 756.00 Pryor + Renewal 265431$ 4,536.0002/09/2021 606889011.1048.530015 $ 412.75 Reimb. Possessory Interest Tax~ 020821ARNOLD R. GARCIA006644 ‐ $ 412.7502/09/2021 606890011.1046.590000 $ 75.00 Labor to repair front windshield. WOI0498165 011.0014670GTO AUTO GLASS004035 ‐ $ 75.0002/09/2021 606891011.1049.502030 $ 1,250.00 Employer ContribuƟon 02/01/21~ 020121HSA BANK004239 ‐ $ 1,250.0002/09/2021 606892020.1084.900000 $ 2,800.00 Professional Services 11/20 13242INFRASTRUCTURE ENGINEERING COR000706 ‐ 020.1084.900000 $ 9,500.00 Professional Services 12/20 13301$ 12,300.0002/09/2021 606893011.1041.595200 $ 900.00 Building & Safety Plan Review~ 65910INTERWEST CONSULTING GROUP, IN004143 ‐ $ 900.0002/09/2021 606894011.9019.560010 $ 317.29 Offsite Backup Tape Storage 202270537IRON MOUNTAIN000829 ‐ $ 317.2902/09/2021 606895Printed: 2/24/2021 7:32:13AMPage 30 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.520000 $ 2,740.00 28" 7# Orange Cone w/(2) Ref. Collar 107110 011.0014666JCL TRAFFIC SERVICES005093 ‐ 011.1043.520000 $ 850.00 18" 7# Orange Cone w/(2) Ref. Collar 107110 011.0014666011.1043.520000 $ 178.00 Temporary Cardboard ‐ No Parking Tow 107110 011.0014666011.1043.520000 $ 40.00 Freight 107110 011.0014666011.1043.520000 $ 390.32 Sales Tax 10.25 107110$ 4,198.3202/09/2021 606896011.1031.596500 $ 256.52 DUI Seminar 012821ALFONSO MADRIGAL006695 ‐ $ 256.5202/09/2021 606897011.1031.596500 $ 256.52 DUI Seminar 012821NICHOLAS MANNINO006950 ‐ $ 256.5202/09/2021 606898055.8000.540000 $ 141.89 Stock # 1701J~ 40424 055.0002868RITZ SAFETY, LLC006727 ‐ 055.8000.540000 $ 83.11 Stock # 1701P~ 40424 055.0002868055.8000.540000 $ 17.31 Stock # H1700~ 40424 055.0002868055.8000.540000 $ 12.99 Freight 40424 055.0002868055.8000.540000 $ 26.17 Sales Tax 10.25 40424$ 281.4702/09/2021 606899011.1046.520000 $ 59.75 25‐757‐11 Carb kit 49709 011.0014636S&A ENGINE, INC001685 ‐ 011.1046.520000 $ 6.95 0125 Cleaner 49709 011.0014636011.1046.590000 $ 50.00 Labor 49709 011.0014636011.1046.520000 $ 6.84 Sales Tax 10.25 49709$ 123.5402/09/2021 606900Printed: 2/24/2021 7:32:13AMPage 31 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9000.540000 $ 148.49 Steel Toe Work Boots~ 14938IN 055.0002820SHOETERIA000171 ‐ $ 148.4902/09/2021 606901055.9100.464000 $ 1,658.83 Joint Pole, Salvage Equipment, & 7501124340SO CAL EDISON000059 ‐ 055.9100.464000 $ 58.00 Joint Pole, Salvage Equipment, & 7501187134055.9100.464000 $ 38.67 Joint Pole, Salvage Equipment, & 7501249002$ 1,755.5002/09/2021 606902055.9000.593200 $ 157.50 Re: Tariff Provisions 210213632SPIEGEL & MCDIARMID, LLP004458 ‐ 055.9000.593200 $ 600.00 Re: Tariff Provisions 210213702055.9000.593200 $ 1,146.69 Re: Tariff Provisions 210213846055.9000.593200 $ 172.50 Re: Tariff Provisions 210213857$ 2,076.6902/09/2021 606903011.1070.797000 $ 12,900.00 Flu VaccinaƟons 020321STACY MEDICAL CENTER000380 ‐ $ 12,900.0002/09/2021 606904011.1043.900000 $ 9,454.00 West‐Side Project Specific Plan 98891THE ARROYO GROUP006975 ‐ $ 9,454.0002/09/2021 606905055.8000.590000 $ 4,470.80 CM623F‐4242BB 10P TEST SWITCH~ DC20137331 055.0002828THE DURHAM COMPANY002698 ‐ $ 4,470.8002/09/2021 606906011.9019.560010 $ 847.70 Period: 12/11/20 ‐ 01/10/21 9870939328VERIZON WIRELESS001481 ‐ $ 847.7002/09/2021 606907Printed: 2/24/2021 7:32:13AMPage 32 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.560010 $ 635.14 Period: 12/20 71715207VERIZON BUSINESS SERVICES001481 ‐ $ 635.1402/09/2021 606908011.9019.590110 $ 4,666.48 Lease Payment~ 2446670XEROX FINANCIAL SERVICES, LLC000743 ‐ $ 4,666.4802/09/2021 606909TOTAL EARLY CHECKS$ 339,829.20Printed: 2/24/2021 7:32:13AMPage 33 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021RECAP BY FUNDFUNDELECTRONIC TOTALEARLY CHECK TOTALWARRANT TOTALGRAND TOTALS$ 1,245,831.54$ 1,522,527.26$0.00$ 276,695.72011 ‐ GENERAL278,454.00317,874.250.0039,420.25020 ‐ WATER2,670,099.762,685,361.960.0015,262.20055 ‐ LIGHT & POWER10,685.4719,136.500.008,451.03056 ‐ NATURAL GAS9,590.749,590.740.000.00057 ‐ FIBER OPTICGRAND TOTAL$ 4,554,490.71$0.00$ 339,829.20$ 4,214,661.51TOTAL CHECKS TO BE PRINTED 0Printed: 2/24/2021 7:32:13AMPage 34 of 35 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 62MARCH 2, 2021VOID LISTCHECKNUMBERVENDOR NAMEAMOUNT606848 HINDERLITER DELLAMAS & ASSOC $ 5,926.70606873 LAW OFFICES OF SHARONA ESLAMBO 2,500.00Printed: 2/24/2021 7:32:13AMPage 35 of 35 City Council Agenda Item Report Agenda Item No. COV-508-2021 Submitted by: Cynthia Cano Submitting Department: Public Works Meeting Date: March 2, 2021 SUBJECT Public Works Department Monthly Report Recommendation: Receive and file the January 2021 Building Report. Background: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of January 2021. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Public Works Department January 2021 Building Report Construction Value Number of Permits Year to Date Value Year to Date Permits Construction Value Number of Permits Year to Date Value Year to Date Permits Permit Difference Valuation Difference January 8,046,145$ 43 8,046,145$ 43 4,464,611$ 62 4,464,611$ 62 44%-45% February March April May June July August September October November December 2020 2021 Year to Date Monthly Report Summary City of Vernon Building Division 0 10 20 30 40 50 60 70 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 Monthly 2020 Construction Value 2021 Construction Value 2020 Number of Permits 2021 Number of Permits 0 10 20 30 40 50 60 70 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 Year to Date 2020 Year to Date Value 2021 Year to Date Value 2020 Year to Date Permits 2021 Year to Date Permits Value 1 14 2 1 8 9 15 9 3 62 62 43 City of Vernon Building Department Monthly Report from 1/1/2021 to 1/31/2021 Type # of Permits Demolition $200,000.00 Electrical $1,017,250.00 Grading $57,500.00 Industrial - Addition $20,000.00 Industrial - Remodel $928,280.00 Mechanical $942,400.00 Miscellaneous $708,120.00 Plumbing $157,150.00 Roof $433,911.00 January 2021 TOTALS PERMITS:$4,464,611.00 PREVIOUS MONTHS TOTAL $0.00 0 YEAR TO DATE TOTAL $4,464,611.00 January 2020 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $8,046,145.00 $0.00 0 $8,046,145.00 43 City of Vernon Building Department New Buildings Report - January 2021 None 2717 Indian Street GNB Batteries Inc. Remove building 101,000 sf. City of Vernon Building Department Demolition Report - January 2021 Tenant Description Job Value City of Vernon Building Department Major Projects from 1/1/2021 to 1/31/2021 Valuations > 20,000 Permit No.Project Address Demolition B-2020-4428 2717 INDIANA ST DEMO BUILDINGS ON WEST YARD, SOUTH YARD AND NORTH YARD OF PROPERTY. Dieversion (weight) totals shall be submitted to the city prior to final inspection. 200000 APN 5243022009 1 Record(s)$200,000.00 Electrical B-2019-3879 4201 FRUITLAND AVE Soutland Box Electrical for TI - Lighting and power 140000 APN 6304027018 B-2020-4412 5100 BOYLE AVE Electrical for (1) 500 HP compressor / (1) 250 A. 480v. 30 starter cabinet / (1) 30 KVA trans w / (1) 100 4PNL 50000 APN 6303028014 B-2020-4374 2727 VERNON AVE Electrical installations of lighting, air conditioner 65000 APN 6302020041 B-2020-4312 1961 VERNON AVE New cooler 3767 sq. ft. New freezer 915 sq. ft. 22000 APN 6302017043 B-2020-4351 4201 FRUITLAND AVE ELECTRICAL - provide I 4000 s.f. warehouse employee entrance within permit B-2019-3876 40000 APN 6304027018 B-2021-4449 5304 ALCOA AVE electrical panel change due to vandalism 400 amp 277-480 T5 kva transformer, 225 30 subpanel, fixtures 35000 APN 6310002023 B-2021-4480 2638 VERNON AVE Camino Real Kitchens Electrical new service and electrical to production line #4 628000 APN 6308005015 7 Record(s)$980,000.00 Grading B-2020-4053 4423 DISTRICT BLVD Grading with LID. Additional warehouse & reconstruct driveway. Plans & Reports reviewed by Interwest 45000 APN 6304022042 1 Record(s)$45,000.00 Industrial - Remodel B-2020-4262 3375 SLAUSON AVE New office TI on the first and second floor 849280 APN 6310004015 B-2020-4304 4401 DOWNEY RD Demo 3' x 3' area - support block with modified sturctural steel 35000 APN 6303017022 2 Record(s)$884,280.00 Mechanical B-2021-4440 4380 AYERS AVE Installation of (10) rooftop exhaust fans for warehouse 30000 APN 6304001018 B-2020-4352 4201 FRUITLAND AVE MECHANICAL- New HVAC systems, Exhaust fans, Outside air units and associated ductwork 35000 APN 6304027018 B-2020-4354 2638 VERNON AVE Refrigeration equipment for replacement of spiral #3 790134 APN 6308005015 B-2020-4396 3163 VERNON AVE Replace blast freezer condensate drain piping 45466 APN 6303005036 4 Record(s)$900,600.00 Miscellaneous B-2020-4285 1925 VERNON AVE East wall waterproofing 227000 APN 6302017052 B-2020-4246 3215 SLAUSON AVE Sanberg Furniture Metal dock/ramp 110000 APN 6310006014 B-2020-4342 1925 VERNON AVE West building's wall restorations and waterproof 221000 APN 6302017052 B-2020-4349 4201 FRUITLAND AVE add a metal canopy over existing truck doors 60000 APN 6304027018 B-2020-4186 1925 VERNON AVE Rremove corrugated roof on old canopy at loading dock, truss structure supports are bolted to wall, 270' long all plumbing electrical and old sprinklers were already removed, we will be removing and taking material for recycle. Diversion (weight) totals shall be provided to the city prior to final inspection. 34860 APN 6302017052 5 Record(s)$652,860.00 Plumbing B-2021-4478 5300 BOYLE AVE install flum and power for flow meters 70000 APN 6310008020 B-2020-4182 4423 DISTRICT BLVD New TI Plumbing for Restrooms, floor sinks 50000 APN 6304022042 2 Record(s)$120,000.00 Roof B-2021-4472 4240 BANDINI BLVD remove existing BUR down to substrate and install with new Carlisle TPO membrane per manufacturers specifications 277161 APN 6304004015 B-2021-4470 4423 DISTRICT BLVD roofing - installing carlsile TPO 60 mil ovr 1 existing roof 85000 APN 6304022042 B-2021-4447 2080 25TH ST Roof coating system to approx 32,000sf 71750 APN 6302009019 3 Record(s)$433,911.00 25 Permit(s)Total $4,216,651.00 20 18 385 13 City of Vernon Building Department Status of Certificates of Occupancy Requests Month of January 2021 Request for Inspection Approved Pending Temporary Occupancies City of Vernon Certificate of Occupancy Applications Date From 1/1/2021 to 1/31/2021 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2021-1590 4815 SANTA FE AVE Pinky's Iron Doors 37000 factory, warehouse & offices 885.00 6308015043 APN C-2021-1591 2939 SUNOL DR Kim & Hahn LLC Dba Greenland Cold Storage 47813 Refrigerated warehouse and storage 885.00 6304004020 APN C-2021-1592 5370 BOYLE AVE Ed Rocha Livestock Transportation, Inc. Dba Blok Warehousing 76544 Warehousing general merchandise 1,046.00 6310008012 APN C-2021-1593 3055 FRUITLAND AVE Goodmet Trading Corp. 520 Office use 385.00 6303029007 APN C-2021-1594 2900 SANTA FE AVE KMCJ Inc. 500 Office use for Marketing and Sales 385.00 6302005003 APN C-2021-1595 4455 FRUITLAND AVE Enuision Apparel Solutions Inc. 9000 Apparel design and screen printing 885.00 6304026030 APN C-2021-1596 2820 LEONIS BLVD Kamico Inc. 5070 Warehouse - Online sales and warehouse of video games, accessories and toys 885.00 6303023002 APN C-2021-1597 3385 LEONIS BLVD 264 Produce, Inc. 8000 Warehouse of produce 885.00 6303019014 APN C-2021-1598 4601 SOTO ST A & H Imports Inc. 6200 Wholesale of home decor 885.00 6308002014 APN C-2021-1599 4700 BOYLE AVE Socal Garment Works, LLC 10000 Garment manufacturing 885.00 6303020010 APN C-2021-1600 6152 BOYLE AVE FAM LLC 99671 Warehouse products 1,046.00 6310027037 APN C-2021-1601 4170 BANDINI BLVD Sagebrook Home 60000 Warehouse storage for home decor 1,046.00 6304003001 APN C-2021-1602 5201 SANTA FE AVE Labeltex Mills Inc. 70000 Office and light manufacturer 1,046.00 6308016041 APN C-2021-1603 2345 52ND ST F4M Brands Inc. 10232 Warehouse & wholesale clothing 885.00 6308016036 APN C-2021-1604 2345 52ND ST LAP USA INC. 20000 Warehouse & wholesale beauty products 885.00 6308016036 APN C-2021-1605 2050 37TH ST Second Group Desing LLC 5000 Garment manufacturing 385.00 6302012005 APN C-2021-1606 2550 27TH ST SAN LOUIS TEXTILE 27000 Textile warehousing 885.00 6302003024 APN 1 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2021-1607 5510 SOTO ST NOOREE FANCY, INC 13000 Warehousing import/export 885.00 6310015021 APN C-2021-1608 5510 SOTO ST OK ANDY, INC 5000 Wholesale warehousing 385.00 6310015021 APN C-2021-1609 4903 EVERETT CT New Friend Vintage LLC 2000 Office use 385.00 6304026005 APN 512,550.00 Total for Certificate of Occupancy: 15,844.00 Total Fees Paid 15,844.00 Permits(s) 20 2 2/2/2021 City of Vernon Certificate of Occupancy Issued Date From 1/1/2021 to 1/31/2021 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2020-1572 6172 BOYLE AVE Alejandra's Fashion Inc. 39000 Sewing of women's apparel 885.00 1/5/2021 6310027037 APN C-2019-1313 5688 BOYLE AVE Promate Produce 36000 Dry and refrigerated storage of produce 0.00 1/12/2021 6310008011 APN C-2019-1289 4800 DISTRICT BLVD One Plus One Accessories, Inc. 16000 Garment screen printing 885.00 1/12/2021 6304014001 APN C-2020-1488 3015 BANDINI BLVD Edwin Import Inc. 11000 Warehousing and distribution of general merchandise 885.00 1/19/2021 6303002014 APN C-2018-1165 5100 DISTRICT BLVD Indio Products Inc. 82745 Warehousing and distribution of general merchandise 1,046.00 1/20/2021 6304012012 APN C-2019-1386 5999 MALBURG WAY AMD Pennsylvania LLC 16455 Warehouse and distribution of medical supplies and equipment 885.00 1/20/2021 6310027046 APN C-2019-1389 2404 28TH ST Danny's Transit 3900 Office use | dispatching 385.00 1/20/2021 6302005004 APN C-2020-1505 2849 LEONIS BLVD We American 22710 Garment manufacture 885.00 1/20/2021 6303022005 APN C-2020-1529 2926 54TH ST Mega Cutting 4500 Garment cutting 385.00 1/20/2021 6310010007 APN C-2020-1506 4621 PACIFIC BLVD Tina & Daniel Inc. Judy Blue 20200 Warehousing and distribution of garments 885.00 1/20/2021 6308009028 APN C-2018-0958 5708 ALCOA AVE Art & Architecture Books of the 21st Century Dba Alcoa Archive and Registry 16000 Storage of art 885.00 1/20/2021 6310005004 APN C-2020-1484 4185 CHARTER ST M&A Import, Inc. 6800 Wholesale and distribution 885.00 1/26/2021 6304021022 APN C-2020-1514 3305 VERNON AVE Dongsuh, Inc. 1066 Office use and wholesale food 385.00 1/26/2021 6303006071 APN C-2020-1489 4340 DISTRICT BLVD Pasha Merchants LLC 7363 Warehousing and distribution of general merchandise 385.00 1/26/2021 6304023023 APN C-2020-1573 3119 BANDINI BLVD Planet Closeouts Dba Perfect Deal 150 Office use 385.00 1/26/2021 6303002013 APN 1 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2019-1278 2650 46TH ST Flores Design Fine Furniture Inc. 3000 Storage of raw materials 385.00 1/26/2021 6308004012 APN C-2020-1483 4185 CHARTER ST Silverox, Inc. 2448 Wholesale and import 385.00 1/26/2021 6304021022 APN C-2020-1522 4265 CHARTER ST Jan Fruits, Inc. 16250 Cold storage of produce 885.00 1/26/2021 6304021013 APN 305,587.00 Total for Certificate of Occupancy: 11,706.00 Total Fees Paid 11,706.00 Permits(s) 18 2 City Council Agenda Item Report Agenda Item No. COV-503-2021 Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: March 2, 2021 SUBJECT Regulatory Mandate to Increase Procurement of Energy from Renewable Sources Recommendation: Receive and file the annual Renewable Portfolio Standard (RPS) Report for Calendar Year 2020 and Summary Report for Compliance Period 3. Background: The Public Utilities Department (VPU) has prepared the Renewable Portfolio Standard Annual Status Report for Calendar Year 2020. A Renewable Portfolio Standard (RPS) is a regulatory mandate to increase production of energy from renewable sources. VPU is responsible for implementing and enforcing a renewable portfolio standard for the utility that recognizes the intent of the Legislature to encourage utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, financial resources, and the goal of environmental improvement. The City is making reasonable progress in attaining the goals of Senate Bill 100 (SB 100), which established a landmark policy requiring that renewable energy and zero-carbon resources supply 100 percent of electric retail sales to end-use customers by 2045. VPU purchased enough eligible renewable resources to meet the mandated 33 percent RPS target in 2020, as required by the California Renewable Energy Resources Act (SB X1 2). The City also secured sufficient renewable resources to meet its Compliance Period 3 (January 1, 2017 – December 31, 2020) procurement targets. The City is currently seeking out additional renewable energy contracts for Calendar 2021 through Calendar 2030 to meet the goals of SB 100. Staff fully expects to secure sufficient resources to meet the interim renewable targets for the remaining three compliance periods through 2030. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 2020 RPS Status Report and Compliance Period 3 Totals 1 | P a g e Renewable Portfolio Standard Annual Status Report for Calendar Year 2020 & Summary Report for Compliance Period 3 Background Vernon Public Utilities (VPU) is responsible for implementing and enforcing a Renewable Portfolio Standard (RPS) for the utility that recognizes the intent of the Legislature to encourage utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, financial resources and the goal of environmental improvement. As specified in the RPS Program and California Energy Commission (CEC) Regulations, the City is not required to procure a specific quantity of RPS-eligible resources in any individual year during Compliance Period 3, but the total renewable procurement for the four-year period must be equal or greater than the sum of the following equation: (27 percent of 2017 retail sales) + (29 percent of 2018 retail sales) + (31 percent of 2019 retail sales) + (33 percent of 2020 retail sales). This amounts to an average procurement of 30% for the entire four-year compliance period. The City’s procurement level for the same period stands at 32.08%. Approved by Governor Brown on October 7, 2015, The Clean Energy and Pollution Reduction Act (Senate Bill 350) established clean energy, clean air, and greenhouse gas (GHG) reduction goals, including reducing GHG to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050. On May 7, 2020, the CEC issued proposed regulations implementing changes to the RPS long-term contracting requirements for Publicly Owned Utilities (POUs) imposed by the Clean Energy and Pollution Reduction Act (Senate Bill 350). SB 350 also established a new long-term procurement requirement beginning January 1, 2021, that at least 65 percent of the procurement counted toward RPS procurement come from contracts of 10 years or more. All of the City’s existing and future Projects qualify for the “Long-Term Procurement Requirements” Amendment imposed by the CEC. Performance Summary The City’s 2020 Renewable Requirements was 33% and total procured for 2020 was 22%. This is due to delivery by several short-term contracts, which fulfilled their obligation in bulk in the Calendar Year (CY) 2017-2018. The City continued to meet the specified RPS target for Compliance Period 3 (CP3) (January 1, 2017- December 31, 2020) with eligible renewable resources. The primary resources were Vernon’s long-term solar and land fill gas. Short-term renewable energy purchases can be delivered to the City of Vernon in any individual year or in multiple years within Compliance Period 3 (2017-2020). CY 2020 was the final year of CP3. All of the City’s obligations were achieved using a combination of Vernon’s Long-Term contracts and Short-Term purchases. The City’s Compliance Period 3 (January 1, 2017- December 31, 2020) Renewable Requirements was 30% and total procured for the Compliance Period was 32.08%. Summary of CP3 totals have been listed below in Table 2. Renewable Energy Procurement in Calendar Year 2020 Pursuant to Vernon’s RPS Procurement Plan and Enforcement Program, action has been taken to acquire renewable energy resources to meet the RPS requirement. The following is a brief description of renewable resources used to meet compliance requirements. sPower Antelope DSR Solar Project The Antelope DSR Solar Project developed by Sustainable Power Group (sPower) was selected from many responses to Southern California Public Power Authority’s (SCPPA) Request for Proposals in 2014. Along with other SCPPA members, Vernon staff conducted in-depth reviews of the many projects submitted through the SCPPA RFP process and concluded that the Antelope DSR Project has many superior characteristics and an 2 | P a g e attractive pricing structure when compared to other renewable projects considered. The final project price was the lowest for a technology offering on-peak energy profiles. Energy from the project is qualified as Portfolio Content Category 1 -- California Renewable Energy Resources Act (SB X1 2). SB X1 2 mandated the most valuable/desirable class of renewable energy. The Antelope DSR project is sited in the City of Lancaster, Los Angeles County. The project has been in full commercial operation since January 1, 2017. Vernon has a 25 megawatts (MW) entitlement and associated environmental attributes for a twenty-year term purchase. Astoria Phase II Solar Project Astoria II LLC has entered into a long-term power purchase agreement with SCPPA to build a Solar Photovoltaic facility that has a net capacity of approximately 175 MW of electricity. This contractual arrangement is basically considered firm generation, which is jointly owned with other municipal partners. By leveraging this asset with our municipal partners, the City achieves the critical mass needed to build a large project/or contract. This strategy practice reduces construction, financing, and operation costs and lets us achieve economies of scale and obtain the most favorable financing rates. The project located in Kern County started full commercial operation on December 31, 2016 with SCPPA taking control of 75 MW power produced. The City of Vernon, in conjunction with other 5 municipal utilities from SCPPA, is participating in the Power Purchase Agreement (PPA) to purchase the facility energy for 20 years. The City Council has approved a PPA (through SCPPA) with Astoria for its renewable energy that will entitle Vernon to 20 MW of capacity for the period of January 2017 to December 2021, and 30 MW for the remainder contract period of January 2022 to December 2036. Puente Hills Gas to Energy Project Puente Hills landfill gas station was constructed by the Los Angeles County Sanitation District in the 1980s; this facility is located in Southeastern Los Angeles County, near Vernon service area. It has been in full commercial operation since January 1987 and has remained online 95 percent of the time. The facility produces approximately 46 MW capacity. The Puente Hills Gas-to-Energy facility is a conventional Rankine Cycle Steam Power Plant using Landfill Gas (LFG) as fuel to generate electricity. LFG is fired in the plant’s boilers producing superheated steam. The superheated steam is used to drive the steam turbine/generator to generate electric power. The City (through SCPPA, a utility group) has entered into a PPA for 10 MW of renewable power from the Puente Hills Landfill Gas–to-Energy Facility beginning January 1, 2017 and ending on December 31, 2030. For 2020, the City received an average of just over 5 MW from the facility. Desert Harvest II Solar Project Desert Harvest Solar Photovoltaic facility was recently constructed by EDF Renewable Development Group in Riverside County. The facility has a net capacity of 150 MW. The City of Vernon, in conjunction with 2 other municipal utilities from SCPPA (City of Anaheim and City of Burbank), is participating in the PPA to purchase 70 MW of the facilities output. Vernon will have a 12 MW entitlement and associated environmental attributes for a twenty-year term purchase. Commercial operation was expected by December 31, 2020 and it was achieved on December 17, 2020. Short Term Purchases All short-term purchases for CP3 (2017-2020) were delivered in CY 2017-2018. There were no short-term purchases for CY 2020. 3 | P a g e The following tables provide an overall assessment of VPU renewable resources and RPS requirements for CY 2020 (Table 1) and CP3 January 1, 2017- December 31, 2020 Totals (Table 2). Table 1: RPS Compliance Status Report for CY 2020 Calendar Year 2020 Renewable Portfolio Standard Compliance Retail Sales (MWh) 1,111,325 Required Renewables (%) 33% Required Renewables (MWh) 366,737 RPS Resources Antelope DSR (Solar) 63,662 Astoria 2 (Solar) 58,415 Puente Hills (Landfill Gas) 46,385 Wind (PCC1) from Element Market/Shell 77,061 Solar (PCC2) 0 Bucket 3 0 Total Renewable Procured (MWh) 245,523 Total Renewable Procured (%) 22% Table 2: RPS Compliance Period 3 Totals (January 1, 2017 – December 31, 2020) Compliance Period 3 Totals (01/01/2017 – 12/31/2020) Renewable Portfolio Standard Compliance Retail Sales (MWh) 4,309,299 Required Renewables (%) 30% Required Renewables (MWh) 1,292,790 RPS Resources Antelope DSR (Solar) 260,157 Astoria 2 (Solar) 233,345 Puente Hills (Landfill Gas) 206,964 Wind (PCC1) from Element Market/Shell 310,262 Bucket 1 (Short Term) 47,398 Bucket 2 215,000 Bucket 3 109,136 Total Renewable Procured (MWh) 1,382,262 Total Renewable Procured (%) 32.08% Summary of Procurement Plan to meet Future RPS Requirements The City of Vernon intends to meet all future procurement targets, barring any events and occurrences that are beyond the City’s control. An increasing RPS mandate for POUs in the next ten years has made Vernon more aware of the need to include more renewables in its portfolio. Vernon will seek to develop a diverse RPS portfolio, with a combination of landfill gas, solar PV, Battery Energy Storage System (BESS) and other renewable resources, based on the forecasted need for additional energy resources, as well as the economics and timing of any particular projects. It should be noted that VPU has performed an integrated resource plan in order to guide its resource procurement decisions. In order to meet the RPS mandates, Vernon plans to preserve its existing renewable resources, carry forward excess procurement from one compliance period to the next, and look for timely and economic opportunities to 4 | P a g e diversify and including short-term purchases to expand its RPS portfolio, while protecting Vernon’s customers from excessive rate increases that could jeopardize economic growth and viability within the City. In accordance with state regulations starting January 2017, a minimum of 75% of RPS procurement used for compliance must meet the established requirements for Bucket 1, which for most practical purposes means use of bundled energy from California sited renewable power plants. Also, in accordance to the new long-term procurement mandate, beginning January 1, 2021, at least 65% of the procurement counted toward RPS procurement will come from contracts of 10 years or more. Existing Bucket 1 resources are in limited supply, and it typically takes from three to five years to construct a new utility-scale renewable generation project. Vernon works with SCPPA to gain greater access to a broader pool of renewable resources, through a competitive renewable procurement bidding process, which would otherwise be difficult to leverage as a result of VPU’s size. The City has acquired multi-year contracts for solar and landfill gas power generation to satisfy the new RPS requirements as required by the State of California and Senate Bill 100 (SB 100). SB 100 established a landmark policy requiring renewable energy and zero-carbon resources supply 100 percent of electric retail sales to end- use customers by 2045. Since these renewable resources came on-line on January 1, 2017 and were added into the supply portfolio, the proportion supplied by bundled renewable energy substantially increased and helped the City to meet the 33% RPS requirement for 2020, as required by SB X1 2. The City is actively working with SCPPA and is in the process of negotiating an additional 60 MW (Solar Photovoltaic) and 30 MW (BESS) of bundled renewable energy resources to its portfolio, which will contribute towards meeting Vernon’s long-term goal of reaching an RPS of 60% by 2030 as required by the new legislation authored by California Senate President pro Tempore Kevin de León, SB 100. The following table provides a summary of Compliance Period 4 through Compliance Period 6 status of Vernon’s RPS procurement plans and activities the amount of RPS purchases needed to meet the requirement of SB X1 2 and SB 100. Table 3: RPS Compliance (January 1, 2021 – December 31, 2030) City Council Agenda Item Report Agenda Item No. COV-507-2021 Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: March 2, 2021 SUBJECT Personnel Policies and Procedures Manual - Secondary Employment or Business Activity Recommendation: Adopt Revised Personnel Policies and Procedures Manual - Secondary Employment or Business Activity, No. I-7 Background: The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures Manual. The Secondary Employment or Business Activity Policy (Number I-7) is being revised in coordination with revisions being made to the Police Department's separate policy regarding outside employment. The Police Department's policy was originally approved through Resolution PER-1129 and later incorporated into the Vernon Police Department Policy Manual. The proposed action updates the Citywide policy to reference the appropriate Police Department policy. The proposed Citywide policy also includes some minor clarifications and revisions, including omitting reference to the obsolete Resolution PER-1129. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Secondary Employment or Business Activity Policy I-7 1 City of Vernon, California Human Resources Policies and Procedures _________________________ Director of Human Resources _________________________ City Administrator Effective Date: _______________ Number: I-7 SUBJECT: SECONDARY EMPLOYMENT OR BUSINESS ACTIVITY PURPOSE: To provide guidelines for City employees engaging in employment with a second employer or engaging in self-employment. POLICY: Any employee of the City shall obtain authorization from inform his/her Department Director or designee, the Director of Human Resources, and the City Administrator to that they engage in any employment, activity or enterprise for compensation (“secondary employment”) in addition to their regular employment with the City. An employee proposing to engage in any secondary employment shall inform his or her Department Director prior to engaging in the secondary employment in writing of the time to be spent on such activity and the nature of the activity when he or she begins the activity. The employee shall obtain a “Secondary Outside Employment Form” from the Human Resources Department and submit the completed form to the employee’s Department Director or designee for evaluation. Forms must be submitted at least two weeks before starting such secondary employment or self-employment. The “Secondary Outside Employment Form” need not be completed on an annual basis – only when/if the secondary employment changes. In evaluating a secondary employment, the City retains the right to consider whether such secondary employment may impact the organization as follows: 1. Impairment of Efficiency and Physical Well-Being - The secondary employment must not involve such time demands or performance of such arduous tasks so as to interfere with employee effectiveness or leave the employee tired or subject to injury in the City position. 2. Workers' Compensation - The secondary employment must not leave the City liable for any injury or illness incurred in such secondary employment. 3. Conflict of Interest and Public Relations - The secondary employment must not, or must not have the potential to, adversely affect or reflect upon the employee, the employee's position Number: I-7 Effective Date: March 19, 2013 2 with the City, or the City. Secondary employment without notification and approval can result in disciplinary action up to and including dismissal if any of the above three (3) factors negatively impact an employee and/or the City. Notification for secondary employment is evidenced only by a copy of the “Outside Secondary Employment Form with all required signatures. City employees are prohibited from contracting or engaging in business activity with the City of Vernon as a source of secondary employment with the City, including the performance of services outside the scope of their normal employment duties and responsibilities. City employees are prohibited from pursuing a business license or secondary employment within the boundaries of the City if said activity is for the purpose of provid ing services on behalf of an approved City of Vernon vendor or contractor doing business with the City, if said services is similar or equivalent to their duties as a City employee. For example, a maintenance worker who opens a business activity to conduct maintenance work for a City assigned contractor or vendor. As an adjunct to the above, the employee shall not use city time, facilities, equipment, or supplies for private gain on more than a de minimis basis unless prior approval has been secured from the employee's Department Director or designee, the Director of Human Resources, and the City Administrator. Likewise, the employee shall not use the badge, uniform, prestige or influence of the City for the employee’s private gain or advantage, unless prior approval has been secured from the employee's Department Director or designee, the Director of Human Resources, and the City Administrator. This policy does not apply to sworn personnel assigned to security or safety duties pursuant to and consistent with the City’s film permit requirements. POLICE DEPARTMENT POLICY: All Police Department personnel shall refer to the Vernon Police Department Policy Manual - Outside Employment Policy and Procedure adopted by City Council Resolution No. PER-1129 attached herewith. PROCEDURE: Responsibility Action Employee 1. Notifies immediate supervisor that secondary employment is being considered. 2. Obtains an “Outside Secondary Employment Form” from the Human Resources Department. 3. Completes and signs form. a. Submits to immediate supervisor for processing. Number: I-7 Effective Date: March 19, 2013 3 Police Department Employee 4. Follows policy and procedures provided in the Vernon Police Department Policy Manual - Outside Employment Policy and Procedure adopted by Resolution No. PER-1129. (see attachment 2) Department Director 5. Evaluates request and considers impact on department and organization. Either approves, approves with modifications, or disapproves. a. If disapproves, notifies employee with reason for disapproval. b. If approves or approves with modifications, transmits to Director of Human Resources for further processing. Director of Human Resources 6. Reviews and recommends to the City Administrator approval, approval with modifications, or disapproval of the request. City Administrator 7. Reviews request. a. Approves or approves with modifications and transmits to the Human Resources Department. b. Disapproves request and transmits, with reason(s), to the Department. Human Resources Department 8. Receives form and places in employee’s official personnel folder. Notifies employee and Department Director, via e-mail, of City Administrator’s decision. Attachment: 1. Outside Secondary Employment Form 2. Police Department Outside Employment Policy – Resolution no. PER-1129 THIS FORM WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE PORTIONS ARE COMPLETED City of Vernon Human Resources Department REQUEST TO ENGAGE IN OUTSIDE EMPLOYMENT Name ____________________________ Job Title ___________________________Date_______________________ Department ___________________________________ Division __________________________________________ Please fill out this portion if you are requesting to be employed by someone in addition to the City of Vernon. ______________________________ _________________________________ ____________________________ Outside Employer’s Name Outside Employer’s Address Telephone Number _____________________________________________________ _________________ ________________________ Outside Employer’s Workers Comp. Ins. Carrier Certificate No. Expiration Date A COPY OF THE CERTIFICATE OF INSURANCE MUST BE ATTACHED TO THIS FORM Please fill out this portion if you are requesting to be self-employed on a part-time basis. _____________________________ ______________________________________ _________________________ Name of Business Address of Business Business Tel. No. Business Tax License No. ___________________________ Date of Issuance: _________________________ This portion should be filled out whether you are requesting to be self-employed or employed by someone else. Type of outside employment and description of duties: _________________________________________________________________________________________________ _________________________________________________________________________________________________ Number of hours per week ________ Duration of job _________ Weeks _______ Months ______ I hereby request authorization to engage in outside employment during my off -duty hours or vacation time. In requesting this authorization, I understand and agree to the following conditions: 1. That my outside employment will not interfere with my regular City job and that I will respond immediately if recalled to duty with the City. 2. That the nature of my outside employment is such that there will be no conflict of interest with my City employment. 3. That the City of Vernon will not be subject to claim or be held liable for any damages, injuries or illnesses incurred through my outside job. 4. That this authorization may be revoked at any time and will be automatically revoked upon a significant change in hours or duties or upon termination of my employment with the above employer and that I will notify the City if such should occur. ______________________________________ _________________________ Employee’s Signature Date Approvals: ___________________________ _______________________________ __________________________ Department Head Director of Human Resources City Administrator City Council Agenda Item Report Agenda Item No. COV-519-2021 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: March 2, 2021 SUBJECT Recall Petition Acceptance and Call of Special Election Recommendation: A. Receive Certificates of Sufficiency on the petitions to recall Council Member Diana Gonzales and Council Member Carol Menke; B. Adopt Resolution No. 2021-02 calling and giving notice of an all-mail ballot Special Municipal Election to be held on Tuesday, June 1, 2021, for the submission of the question of the recall of Diana Gonzales and Carol Menke and the election of two City Council Members to fill the vacancy if the recall prevails; and C. Adopt Resolution No. 2021-03 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating the conduct of a Special Municipal Election to be held on Tuesday, June 1, 2021. Background: On February 8, 2021, recall proponents served Council Members Diana Gonzales and Carol Menke with Notices of Intention to Circulate a Recall Petition and filed the notice and affidavit of service with the City Clerk Department. Council Members Gonzales and Menke filed answers to the Notices of Intention on February 16, 2021, and on February 19, 2021, the form of the Petition was determined to meet the statutory requirements and approved for signature gathering. Pursuant to Elections Code Section 11220 and 11221, the proponents were allowed 40 days, until March 31, 2021, to obtain the required 33 signatures for each seat (30 percent of Vernon's 110 registered voters as of the last report of registration by the Los Angeles County Registrar Recorder - County Clerk to the Secretary of State) (Attachment 1). On February 23, 2021, the Petitions to Recall Council Members Diana Gonzales and Carol Menke were filed with the City Clerk. The City Clerk verified the signatures and determined that the petitions were signed by the requisite number of voters, as stated in the Certificate of Sufficiency of Recall Petition Signatures (Attachments 2 and 3), which is submitted to the City Council pursuant to Elections Code Section 11227. Within 14 calendar days of the receiving of the Certificate of Sufficiency, the City Council must issue an order calling the election. The election must be held not less than 88 days, nor more than 125 days after the issuance of the order (May 29 - July 5, 2021). Resolution No. 2021-02 calls and gives notice of an all-mail ballot special municipal election to be held on Tuesday, June 1, 2021, for the submission of the question of the recall of Diana Gonzales and Carol Menke and the election of two City Council Members to fill the vacancies if the recall prevails (Attachment 4). The nomination period for candidates is March 3, 2021 through March 18, 2021, at which time candidates may obtain nomination papers and required filing materials from the City Clerk. Resolution No. 2021-03 requests the services of the Los Angeles County Election Department to provide appropriate forms, signature verification services, and prepare, print and mail official ballots and ballot materials (Attachment 5). Elections Code Section 13307 allows candidates to prepare a candidate statement for inclusion in the voter's pamphlet. Resolution No. 2014-64 adopting regulations regarding candidate statements submitted to voters in a general municipal or special municipal election would apply to this election. Fiscal Impact: This special election was not included in the Fiscal Year 2020-21 budget but it is anticipated that Account No. 011.1003.596300 has sufficient funds to cover the cost of the election. Attachments: 1. Report of Registration 2. Certificate of Sufficiency - DGonzales 3. Certificate of Sufficiency - CMenke 4. Resolution No. 2021-02 5. Resolution No. 2021-03 Secretary of State Elections Division California Official Statewide Voter Registration System (VoteCal) Los Angeles 10/19/2020 Report of Registration County Summary Report Filter(s): County:Los Angeles ROR Date:10/19/2020 Registered Voters Democratic Republican American Independent Green Libertarian Peace and Freedom Unknown Other No Party Preference County Supervisorial 1 986,720 557,013 122,722 20,817 4,081 6,184 8,437 7,667 5,332 254,467 County Supervisorial 2 1,117,618 702,336 93,144 24,228 4,041 5,950 8,228 8,771 6,842 264,078 County Supervisorial 3 1,237,165 669,940 187,020 29,828 5,320 9,329 5,712 7,470 8,357 314,189 County Supervisorial 4 1,217,965 577,462 268,450 32,896 4,625 9,733 7,423 7,640 7,489 302,247 County Supervisorial 5 1,253,699 542,209 325,663 35,285 4,416 9,885 5,428 8,139 7,485 315,189 Total 5,813,167 3,048,960 996,999 143,054 22,483 41,081 35,228 39,687 35,505 1,450,170 US Congressional 23 50,613 18,780 17,179 2,048 139 461 241 390 295 11,080 US Congressional 25 365,856 148,100 110,978 12,571 1,110 3,255 1,677 2,413 2,207 83,545 US Congressional 26 6,543 2,425 2,248 223 11 47 11 21 63 1,494 US Congressional 27 408,059 191,317 82,439 8,595 1,553 2,713 1,904 2,897 2,198 114,443 US Congressional 28 473,018 244,636 80,720 10,783 2,148 3,475 1,859 2,999 3,042 123,356 US Congressional 29 362,180 198,076 47,027 8,539 1,541 2,547 2,614 2,694 2,235 96,907 US Congressional 30 481,886 242,954 94,442 12,728 1,912 3,759 2,023 2,773 3,195 118,100 US Congressional 32 380,134 182,741 79,521 10,071 1,336 2,717 2,815 2,630 2,153 96,150 US Congressional 33 512,875 244,274 113,034 13,248 1,977 4,336 1,246 2,466 3,807 128,487 US Congressional 34 349,477 208,579 32,001 6,684 1,829 2,247 2,774 3,098 1,944 90,321 US Congressional 35 73,868 37,788 11,634 2,055 285 593 965 569 443 19,536 US Congressional 37 458,988 293,398 37,388 9,652 1,784 2,661 2,548 2,945 2,837 105,775 US Congressional 38 406,407 203,836 84,235 10,484 1,357 2,787 2,680 2,441 2,202 96,385 US Congressional 39 115,467 44,774 28,519 2,486 303 613 508 781 566 36,917 US Congressional 40 312,644 186,238 33,256 6,690 1,133 1,841 3,033 2,877 1,644 75,932 Last Refresh Date: 10/27/2020 03:07:11 PM Page 1 of 6 Secretary of State Elections Division California Official Statewide Voter Registration System (VoteCal) Los Angeles 10/19/2020 Registered Voters Democratic Republican American Independent Green Libertarian Peace and Freedom Unknown Other No Party Preference US Congressional 43 418,947 242,667 54,649 9,975 1,412 2,538 2,671 3,082 2,599 99,354 US Congressional 44 377,527 225,587 39,276 8,701 1,270 2,145 3,879 2,945 2,290 91,434 US Congressional 47 258,678 132,790 48,453 7,521 1,383 2,346 1,780 1,666 1,785 60,954 Total 5,813,167 3,048,960 996,999 143,054 22,483 41,081 35,228 39,687 35,505 1,450,170 State Senate 18 529,087 286,592 75,836 12,920 2,213 3,888 3,184 3,535 3,452 137,467 State Senate 20 74,202 37,947 11,711 2,063 287 597 968 571 446 19,612 State Senate 21 369,005 149,065 112,439 13,222 1,123 3,308 1,819 2,563 2,209 83,257 State Senate 22 481,316 230,536 85,905 10,867 1,652 3,018 3,527 3,917 2,472 139,422 State Senate 23 46 7 23 4 0 1 0 1 1 9 State Senate 24 464,329 282,991 40,461 8,398 2,343 2,837 3,530 3,670 2,561 117,538 State Senate 25 577,569 265,097 137,803 14,474 2,309 4,426 2,123 3,428 3,580 144,329 State Senate 26 683,834 346,575 130,054 17,067 2,759 5,731 1,848 3,393 4,894 171,513 State Senate 27 413,714 194,906 94,791 11,232 1,605 3,262 1,663 2,398 2,695 101,162 State Senate 29 95,998 37,437 23,040 2,034 258 475 451 680 518 31,105 State Senate 30 560,226 362,829 38,797 12,180 2,217 2,974 4,031 4,467 3,532 129,199 State Senate 32 516,342 256,747 108,157 13,347 1,731 3,563 3,343 3,150 2,778 123,526 State Senate 33 462,047 265,844 55,905 11,157 2,022 3,357 4,400 3,677 2,711 112,974 State Senate 34 47,099 20,375 14,029 1,380 199 483 118 175 338 10,002 State Senate 35 538,353 312,012 68,048 12,709 1,765 3,161 4,223 4,062 3,318 129,055 Total 5,813,167 3,048,960 996,999 143,054 22,483 41,081 35,228 39,687 35,505 1,450,170 State Assembly 36 236,526 100,457 67,046 8,749 735 2,030 1,401 1,813 1,317 52,978 State Assembly 38 235,074 90,456 75,502 7,390 725 2,083 718 1,303 1,530 55,367 State Assembly 39 256,564 136,364 37,987 6,232 1,112 1,919 1,753 1,778 1,659 67,760 State Assembly 41 254,526 126,530 57,216 6,235 1,101 1,973 925 1,291 1,544 57,711 State Assembly 43 307,617 150,552 58,980 6,956 1,259 2,192 1,153 2,029 1,987 82,509 State Assembly 44 6,543 2,425 2,248 223 11 47 11 21 63 1,494 State Assembly 45 301,976 147,790 62,551 8,013 1,168 2,300 1,425 1,896 1,929 74,904 State Assembly 46 274,993 150,453 38,888 6,838 1,156 2,081 1,462 1,762 1,772 70,581 Last Refresh Date: 10/27/2020 03:07:11 PM Page 2 of 6 Secretary of State Elections Division California Official Statewide Voter Registration System (VoteCal) Los Angeles 10/19/2020 Registered Voters Democratic Republican American Independent Green Libertarian Peace and Freedom Unknown Other No Party Preference State Assembly 48 255,173 122,001 54,502 6,868 880 1,866 1,926 1,743 1,457 63,930 State Assembly 49 241,141 105,507 45,145 4,715 797 1,359 1,447 2,209 1,124 78,838 State Assembly 50 353,537 195,113 52,847 8,338 1,587 2,705 971 1,759 2,582 87,635 State Assembly 51 247,689 153,935 21,229 4,523 1,297 1,446 1,968 1,815 1,325 60,151 State Assembly 52 74,202 37,947 11,711 2,063 287 597 968 571 446 19,612 State Assembly 53 211,481 125,116 18,757 4,096 1,027 1,414 1,720 2,073 1,202 56,076 State Assembly 54 316,478 201,697 27,448 6,606 1,247 1,849 1,430 1,740 2,013 72,448 State Assembly 55 95,997 37,437 23,040 2,034 258 475 451 680 518 31,104 State Assembly 57 270,186 131,968 59,063 7,098 911 1,928 1,775 1,583 1,473 64,387 State Assembly 58 261,630 138,896 45,021 6,178 874 1,653 1,896 1,768 1,376 63,968 State Assembly 59 215,140 139,583 11,593 4,627 782 1,025 2,259 2,279 1,196 51,796 State Assembly 62 295,848 177,941 31,714 7,044 1,130 2,040 1,701 2,040 2,079 70,159 State Assembly 63 230,928 130,224 31,894 5,426 779 1,517 2,190 1,823 1,227 55,848 State Assembly 64 259,065 159,753 22,540 5,861 795 1,219 2,679 2,164 1,649 62,405 State Assembly 66 317,648 136,543 85,240 8,428 1,000 2,677 984 1,676 1,994 79,106 State Assembly 70 293,205 150,272 54,837 8,513 1,565 2,686 2,015 1,871 2,043 69,403 Total 5,813,167 3,048,960 996,999 143,054 22,483 41,081 35,228 39,687 35,505 1,450,170 State Board of Equalization 1 813,674 376,322 188,994 24,488 2,888 6,522 5,111 5,670 4,848 198,831 State Board of Equalization 3 4,999,493 2,672,638 808,005 118,566 19,595 34,559 30,117 34,017 30,657 1,251,339 Total 5,813,167 3,048,960 996,999 143,054 22,483 41,081 35,228 39,687 35,505 1,450,170 Agoura Hills 15,282 6,675 4,278 441 54 156 26 67 119 3,466 Alhambra 47,277 23,274 7,336 938 201 278 307 393 235 14,315 Arcadia 32,452 11,152 8,268 566 107 161 95 247 147 11,709 Artesia 8,509 3,961 1,700 181 21 51 63 86 52 2,394 Avalon 2,028 832 605 61 11 13 18 4 12 472 Azusa 24,709 11,731 5,055 697 103 207 198 168 139 6,411 Baldwin Park 34,781 19,095 4,441 728 121 231 320 290 171 9,384 Bell 14,587 8,994 1,338 252 57 81 148 114 62 3,541 Last Refresh Date: 10/27/2020 03:07:11 PM Page 3 of 6 Secretary of State Elections Division California Official Statewide Voter Registration System (VoteCal) Los Angeles 10/19/2020 Registered Voters Democratic Republican American Independent Green Libertarian Peace and Freedom Unknown Other No Party Preference Bell Gardens 15,996 9,735 1,273 315 62 84 205 160 88 4,074 Bellflower 41,536 21,279 7,522 1,230 141 294 329 332 239 10,170 Beverly Hills 23,339 10,093 5,626 567 70 126 55 131 153 6,518 Bradbury 621 184 226 19 0 8 3 2 4 175 Burbank 73,044 35,374 15,233 1,976 295 601 243 415 556 18,351 Calabasas 17,178 7,730 4,336 471 52 141 40 86 126 4,196 Carson 64,267 36,764 8,420 1,447 167 280 438 441 362 15,948 Cerritos 35,724 14,890 8,638 642 73 185 152 210 173 10,761 Claremont 23,800 11,594 5,810 621 134 189 84 91 152 5,125 Commerce 7,085 4,490 666 146 38 41 72 54 28 1,550 Compton 49,338 32,845 2,649 1,127 146 211 463 468 375 11,054 Covina 30,560 13,778 7,697 899 102 246 225 183 199 7,231 Cudahy 8,995 5,453 758 148 24 53 111 89 44 2,315 Culver City 29,504 18,242 3,253 602 122 190 64 128 200 6,703 Diamond Bar 34,261 12,806 9,047 750 97 188 125 232 173 10,843 Downey 65,010 33,474 12,918 1,704 238 492 393 402 364 15,025 Duarte 13,300 6,471 2,796 357 45 104 59 77 71 3,320 El Monte 44,034 22,435 5,964 1,018 131 262 401 462 191 13,170 El Segundo 12,828 5,147 3,599 445 45 153 28 63 107 3,241 Gardena 37,036 21,800 5,049 788 96 183 219 265 202 8,434 Glendale 118,575 50,639 26,549 2,763 423 777 479 982 704 35,259 Glendora 35,376 11,869 13,560 1,154 103 320 152 185 226 7,807 Hawaiian Gardens 5,969 3,211 787 147 20 29 81 66 23 1,605 Hawthorne 44,412 26,227 4,838 1,037 161 278 293 356 286 10,936 Hermosa Beach 15,135 6,458 3,619 450 50 197 30 66 124 4,141 Hidden Hills 1,415 533 458 32 4 16 1 5 12 354 Huntington Park 22,194 13,810 1,826 394 77 143 208 180 112 5,444 Industry 105 33 40 6 2 1 0 0 0 23 Last Refresh Date: 10/27/2020 03:07:11 PM Page 4 of 6 Secretary of State Elections Division California Official Statewide Voter Registration System (VoteCal) Los Angeles 10/19/2020 Registered Voters Democratic Republican American Independent Green Libertarian Peace and Freedom Unknown Other No Party Preference Inglewood 67,309 45,819 3,426 1,459 216 290 456 501 412 14,730 Irwindale 1,024 613 143 32 5 5 8 6 3 209 La Canada Flintridge 15,773 5,911 5,208 333 34 115 14 65 87 4,006 La Habra Heights 4,082 1,145 1,766 123 6 38 13 19 25 947 La Mirada 31,374 12,201 10,291 929 86 242 130 142 188 7,165 La Puente 18,838 10,728 2,445 405 64 112 180 131 92 4,681 La Verne 22,852 8,106 8,751 732 84 183 91 93 131 4,681 Lakewood 55,794 25,157 14,649 1,771 203 475 272 297 344 12,626 Lancaster 90,782 39,734 24,553 3,517 262 785 586 769 492 20,084 Lawndale 16,395 8,777 2,452 415 58 113 125 135 89 4,231 Lomita 13,357 5,699 3,681 422 57 141 66 74 76 3,141 Long Beach 279,735 147,276 47,615 7,911 1,438 2,470 2,323 1,929 1,916 66,857 Los Angeles 2,239,756 1,274,964 286,782 51,276 9,662 15,389 13,775 15,748 14,129 558,031 Lynwood 29,304 18,604 2,010 573 89 151 292 195 169 7,221 Malibu 8,738 3,957 2,122 237 45 70 20 43 88 2,156 Manhattan Beach 27,392 11,096 8,022 739 68 263 37 83 203 6,881 Maywood 10,418 6,432 767 176 46 63 109 75 67 2,683 Monrovia 23,473 10,655 5,804 706 107 227 108 135 127 5,604 Montebello 33,433 19,243 4,637 731 136 185 262 201 167 7,871 Monterey Park 32,429 14,600 5,205 590 118 168 200 348 152 11,048 Norwalk 56,059 30,023 9,238 1,316 168 355 457 436 260 13,806 Palmdale 87,582 42,218 19,603 2,975 241 659 553 694 424 20,215 Palos Verdes Estates 10,865 3,344 4,339 294 19 65 11 50 64 2,679 Paramount 25,461 15,108 2,683 556 70 141 238 350 115 6,200 Pasadena 92,929 50,984 15,633 1,966 407 705 323 560 552 21,799 Pico Rivera 36,414 22,302 4,750 760 109 197 254 166 183 7,693 Pomona 73,868 37,788 11,634 2,055 285 593 965 569 443 19,536 Rancho Palos Verdes 30,657 11,288 10,266 726 87 209 53 133 228 7,667 Last Refresh Date: 10/27/2020 03:07:11 PM Page 5 of 6 Secretary of State Elections Division California Official Statewide Voter Registration System (VoteCal) Los Angeles 10/19/2020 Registered Voters Democratic Republican American Independent Green Libertarian Peace and Freedom Unknown Other No Party Preference Redondo Beach 50,009 21,694 12,416 1,487 176 537 116 227 351 13,005 Rolling Hills 1,566 381 750 38 2 15 2 9 17 352 Rolling Hills Estates 6,313 2,103 2,397 142 21 46 9 27 33 1,535 Rosemead 23,817 11,006 3,453 484 73 149 241 291 111 8,009 San Dimas 23,853 8,513 8,681 782 87 183 99 126 167 5,215 San Fernando 12,275 7,197 1,354 263 60 68 80 80 53 3,120 San Gabriel 19,614 8,640 3,572 359 45 102 124 196 87 6,489 San Marino 9,143 2,733 2,881 142 19 56 10 75 40 3,187 Santa Clarita 145,664 54,268 49,530 4,858 421 1,375 432 766 955 33,059 Santa Fe Springs 11,313 6,181 1,981 284 43 71 77 64 57 2,555 Santa Monica 73,004 42,219 8,716 1,760 415 577 212 329 553 18,223 Sierra Madre 8,657 3,890 2,402 233 34 99 20 35 65 1,879 Signal Hill 7,428 3,830 1,221 230 31 61 36 49 53 1,917 South El Monte 8,822 4,945 1,011 197 30 56 56 66 41 2,420 South Gate 46,249 28,304 4,554 890 139 286 430 344 198 11,104 South Pasadena 17,945 9,863 2,833 306 63 124 33 71 123 4,529 Temple City 20,489 7,824 4,617 395 60 121 92 166 93 7,121 Torrance 94,214 38,470 27,196 2,549 327 755 294 520 550 23,553 Vernon 110 59 15 3 0 2 0 1 1 29 Walnut 19,162 7,132 4,575 395 41 75 72 124 101 6,647 West Covina 62,161 29,703 12,890 1,610 200 373 460 425 414 16,086 West Hollywood 29,523 18,584 2,681 642 134 226 74 129 193 6,860 Westlake Village 6,543 2,425 2,248 223 11 47 11 21 63 1,494 Whittier 54,342 25,741 13,810 1,678 229 458 307 243 318 11,558 Unincorporated Area 574,596 296,405 106,562 14,260 2,059 3,840 3,892 3,856 3,411 140,311 Total 5,813,167 3,048,960 996,999 143,054 22,483 41,081 35,228 39,687 35,505 1,450,170 Last Refresh Date: 10/27/2020 03:07:11 PM Page 6 of 6 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Exclusively Industrial CERTIFICATE OF SUFFICIENCY OF RECALL PETITION SIGNATURES FOR COUNCIL MEMBER DIANA GONZALES I, Lisa Pope, City Clerk of the City of Vernon, County of Los Angeles, State of California, certify: The petition for the recall of Diana Gonzales, Council Member of the City of Vernon, was filed with the City Clerk on February 23, 2021. Pursuant to California Elections Code Section 11221(a)(1), the number of signatures required to qualify a recall for the ballot in the City of Vernon is 33. The petition has been examined and it has been confirmed that the petition has been signed by the requisite number of voters. The following facts have been determined: Name and title of officer: Diana Gonzales, City Council Member Number of signatures required: 33 Total number of signatures on petition: 42 Number of valid signatures: 37 Number of disqualified signatures: 5 Based on the information above, the petition is deemed to be sufficient. Executed at City of Vernon, California, on February 23, 2021. _____________________________________ Lisa Pope, MMC City Clerk OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Exclusively Industrial CERTIFICATE OF SUFFICIENCY OF RECALL PETITION SIGNATURES FOR COUNCIL MEMBER CAROL MENKE I, Lisa Pope, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify: The petition for the recall of Carol Menke, Council Member of the City of Vernon, was filed with the City Clerk on February 23, 2021. Pursuant to California Elections Code Section 11221(a)(1), the number of signatures required to qualify a recall for the ballot in the City of Vernon is 33. The petition has been examined and it has been confirmed that the petition has been signed by the requisite number of voters. The following facts have been determined: Name and title of officer: Carol Menke, City Council Member Number of signatures required: 33 Total number of signatures on petition: 41 Number of valid signatures: 36 Number of disqualified signatures: 5 Based on the information above, the petition is deemed to be sufficient. Executed at City of Vernon, California, on February 24, 2021. _____________________________________ Lisa Pope, MMC City Clerk RESOLUTION NO. 2021-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, CALLING AND GIVING NOTICE OF AN ALL-MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 1, 2021, FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF DIANA GONZALES AND CAROL MENKE AND THE ELECTION OF TWO CITY COUNCIL MEMBERS TO FILL THE VACANCIES IF THE RECALL PREVAILS SECTION 1. Recitals. A.Under the provisions of the laws relating to cities in the State of California, recall petitions were filed demanding the recall of Diana Gonzales and Carol Menke. B.The petitions were signed by more than 30 percent of the voters of the City of Vernon. C.The City Council is authorized and directed by statute to submit the proposed recall to the voters. D.Candidates shall be elected to fill the vacancy if the recall prevails. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. Pursuant to the requirements of the State of California, and the Vernon Charter and Municipal Code, there is called and ordered to be held in the City of Vernon, California, on Tuesday, June 1, 2021, a Special Municipal Election conducted by all-mail ballot for the purpose of submitting the question of the recall of Council Members Diana Gonzales and Carol Menke and the election of two candidates to fill the vacancies, if the recall prevails. SECTION 4. That on the ballots to be used at the election, in addition to any other matters required by law, there shall be printed substantially the following: Resolution No. 2021-02 Page 2 of 4 _______________________ Shall Diana Gonzales be recalled (removed) from the office of City of Vernon Council Member? YES NO For City of Vernon Council Member To succeed Diana Gonzales if she is recalled. Term Ending on April 2025. (Followed by list of candidates qualifying for this office) (Note: List of Candidates to be presented following close of Nomination period March 18, 2021.) Vote for ONE Shall Carol Menke be recalled (removed) from the office of City of Vernon Council Member? YES NO For City of Vernon Council Member To succeed Carol Menke if she is recalled. Term Ending on April 2024. (Followed by list of candidates qualifying for this office) (Note: List of Candidates to be presented following close of Nomination period March 18, 2021.) Vote for ONE Resolution No. 2021-02 Page 3 of 4 _______________________ SECTION 5. The ballots to be used at the election shall be in form and content as required by law. SECTION 6. 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 7. Pursuant to the City of Vernon Municipal Code, and other applicable provisions of the Charter of the City of Vernon and Ordinances of the City of Vernon, the Election shall be conducted by 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. Notwithstanding Elections Code Section 4103, ballots cast in this Election shall be returned to the Office of the City Clerk no later than 8:00 p.m. on election day in order to be counted. Ballots that are postmarked on election day and received no later than three (3) days following the day of the election will also be counted. SECTION 8. 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 Elections Code Section 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 9. In all particulars not recited in this resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 10. 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 11. 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. Resolution No. 2021-02 Page 4 of 4 _______________________ SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 2nd day of March, 2021. _____________________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _________________________________ ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney RESOLUTION NO. 2021-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 1, 2021 SECTION 1. Recitals. A.A Special Municipal Election will be held in the City of Vernon on June 1, 2021. B.In the course of conducting the election it is necessary for the City to request services of the County of Los Angeles. C.All necessary expenses in performing these services shall be paid by the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3: Pursuant to the provisions of Elections Code Section 10002, the Vernon City Council requests that the Los Angeles County Board of Supervisors permit the County Election Department to provide the following services for use in conducting its election: 1. Provide appropriate forms for candidate statements, arguments and rebuttals and other forms required by the County; 2. Provide signature verification services as needed; 3. Print and mail official ballots and sample ballot booklet; and 4. Prepare and mail multilingual ballot materials in accordance with the Voting Rights Act. SECTION 4. 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. Resolution No. 2021-03 Page 2 of 2 _______________________ SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 2nd day of March, 2021. _____________________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _________________________________ ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney City Council Agenda Item Report Agenda Item No. COV-510-2021 Submitted by: Mark Aumentado Submitting Department: Public Utilities Meeting Date: March 2, 2021 SUBJECT Services Agreement with Harper & Associates Engineering, Inc. for Coating Inspection Services for Six Above Ground Steel Reservoirs Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines §15061(b)(3), because the activity is not one where there is a potential for causing a significant effect on the environment; and B. Approve and authorize the City Administrator to execute the Services Agreement between the City of Vernon and Harper & Associates Engineering, Inc., a California corporation, for Coating Inspection Services for six above ground steel reservoirs, in substantially the same form as submitted, for an amount not to exceed $200,000, with an effective date of March 1, 2021. Background: Two projects identified in the Water System Revenue Bonds, 2020 Series A, are the Rehabilitation of Reservoirs 2-1, 2-2, and 2-3 and Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 (Projects). Vernon Public Utilities (VPU) is currently prioritizing the latter of the two projects due to condition of the Pumping Plant 3 Reservoirs. The Projects consist of removal of the existing interior and exterior reservoir paintings and coatings, installation of a new three-stage epoxy interior coating and painted exterior. The existing reservoir coatings in these six reservoirs are between 25 and 32 years old. Additionally, the scope of work provides for minor modification and repairs to the reservoir structures for current health and safety compliance, as well as provisions for mixing equipment and a mobile free chlorine boosting system, which will enable VPU to better manage the chlorine residuals within these three reservoirs. Chlorine residuals are important in the storage and distribution of potable water as they are available in the water to disinfect any pathogens, such as bacteria or viruses. To ensure the interior coating and exterior paintings perform as desired, full-time coating inspector(s) are required to verify that the surfaces are prepared sufficiently, the climactic conditions are appropriate, and the coatings and paintings are applied without blemish. On December 30, 2020, in accordance with the Vernon Municipal Code, VPU advertised a Request for Proposals (RFP) for Coating Inspection Services for Six Above Ground Steel Reservoirs . The RFP and corresponding Services Agreement would enable the successful firm to perform coating inspection services for both Projects as VPU proceeds with its Capital Improvement Plan. VPU utilized the RFP template previously approved by City Council. The proposals for the RFP were received on the January 21, 2021 Proposal Deadline. Three (3) VPU Water Division staff members were designated as Proposal Evaluators. The evaluators individually graded each proposal received based on the selection criteria listed in the RFP. The criterion generally consisted of the firms’ qualifications, background, and prior experience, cost effectiveness, responsiveness to the RFP, and previous references. The individual grades were combined and averaged and the proposals were ranked as follows: 1. Harper & Associates Engineering, Inc. 2.CSI Services, Inc. 3.RMA Group 4.Bay Area Coating Consultants, Inc. 5.Smith-Emery Laboratories 6.Ralph Pauls Inspections LLC 7.HSI Group, Inc. 8.PACIFIC Civil Solutions, Inc. City staff evaluated the proposals and deemed that Harper & Associates Engineering, Inc. is the most qualified firm based on the criterion to perform Coating Inspection Services for Six Above Ground Steel Reservoirs. The proposed Service Agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: The proposed Services Agreement with Harper & Associates Engineering, Inc. will be for a three-year term and a not-to-exceed amount of $200,000. The total amount is based on staff's initial estimated number of hours to complete the work and includes coverage for any additional hours and/or potential over time needed for this project. The Project is included in the Water System Revenue Bonds, 2020 Series A and will be funded with bond proceeds. Attachments: 1. Services Agreement with Harper & Associates Engineering, Inc. 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARPER & ASSOCIATES ENGINEERING, INC. FOR COATING INSPECTION SERVICES FOR SIX ABOVE GROUND STEEL RESERVOIRS COVER PAGE Contractor: Harper & Associates Engineering, Inc. Responsible Principal of Contractor: Krista Harper, P.E., Principal Engineer Notice Information - Contractor: Harper & Associates Engineering, Inc. 1240 E. Ontario Avenue, Suite 102 Corona, CA 92881 Attention: Krista Harper, P.E., Principal Engineer Phone: (951) 372-9196 Facsimile: (951) 372-9198 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Abraham Alemu General Manager of Public Utilities Telephone: (323) 583-8811 ext. 250 Commencement Date: March 1, 2021 Termination Date: February 29, 2024 Consideration: Total not to exceed $200,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 11.20 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARPER & ASSOCIATES ENGINEERING, INC. FOR COATING INSPECTION SERVICES FOR SIX ABOVE GROUND STEEL RESERVOIRS This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and Harper & Associates Engineering, Inc., a California corporation (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on ____________, ____. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about December 30, 2020, and titled Coating Inspection Services for Six Above Ground Steel Reservoirs, and Contractor's proposal to the City ("Proposal") dated January 21, 2021, Exhibit “A”, a copy which is attached to and incorporated into this Contract by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 3 4.0 TERM. The term of this Contract shall commence on March 1, 2021, and it shall continue until February 29, 2024, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed two hundred thousand dollars ($200,000.00) without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 4 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 5 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary 6 coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under 7 the performance of the services. iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by 8 City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees , subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, 9 agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to 10 Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arisi ng therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to 11 enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.11.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 12 11.11.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. 13 If to the City: City of Vernon Attention: Abraham Alemu, General Manager of Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Harper & Associates Engineering, Inc. Attention: Krista Harper, P.E., Principal Engineer 1240 E. Ontario Avenue, Suite 102 Corona, CA 92881 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall 14 terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access 15 to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon 16 compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page]. 17 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos Fandino, City Administrator Harper & Associates Engineering, Inc. a California corporation By: Name: Title: ATTEST: _______________________________ Lisa Pope, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Arnold M. Alvarez-Glasman, Interim City Attorney 18 EXHIBIT A CONTRACTOR'S PROPOSAL P R O P O S A L : C O A T I N G I N S P E C T I O N S E R V I C E S F O R S I X A B O V E G R O U N D S T E E L R E S E R V O I R S P R E S E N T E D T O : C i t y o f V e r n o n H A R P E R & A S S O C I A T E S E N G I N E E R I N G , I N C . P R E P A R E D B Y : K r i s t a H a r p e r , V i c e P r e s i d e n t 1 2 4 0 E . 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H A E w i l l p r o v i d e a n d m a i n t a i n i n f u l l f o r c e a n d e f f e c t , w h i l e o p e r a t i n g u n d e r a n a g r e e m e n t w i t h t h e C i t y , a C o m p r e h e n s i v e L i a b i l i t y i n s u r a n c e p o l i c y w h i c h s h a l l i n c l u d e b o d i l y i n j u r y a n d p r o p e r t y d a m a g e c o v e r a g e o f $4 ,0 0 0 ,0 0 0 c o m b i n e d s i n g l e l i m i t , A u t o m o b i l e L i a b i l i t y i n s u r a n c e w i t h l i m i t s o f $2 ,0 0 0 ,0 0 0 , W o r k e r 's C o m p e n s a t i o n i n s u r a n c e w i t h l i m i t s o f c o v e r a g e a s p r e s c r i b e d b y l a w , a n d a n E r r o r s a n d O m i s s i o n s P r o f e s s i o n a l L i a b i l i t y p o l i c y w i t h a m i n i m u m l i m i t o f c o v e r a g e o f $2 ,0 0 0 ,0 0 0 . T h e i n s u r a n c e c e r t i f i c a t e s w i l l s t a t e "C i t y o f V e r n o n i s a n a d d i t i o n a l i n s u r e d ." P l e a s e c o n t a c t m e a t o u r o f f i c e a t 1 2 4 0 E . O n t a r i o A v e n u e , S u i t e 1 0 2 , C o r o n a , C A 9 2 8 8 1 o r (9 5 1 ) 3 7 2 -9 1 9 6 , v i a F A X a t (9 5 1 ) 3 7 2 - 9 1 9 8 , o r e -m a i l a t K r i s t a @ H a r p e r E n g .c o m r e g a r d i n g c o n t r a c t n e g o t i a t i o n s , b i n d i n g t h e c o n t r a c t , a n y q u e s t i o n s , o r i f a d d i t i o n a l i n f o r m a t i o n i s r e q u i r e d . R e s p e c t f u l l y s u b m i t t e d , H A R P E R & A S S O C I A T E S E N G I N E E R I N G , I N C . K r i s t a H a r p e r , P .E . V i c e P r e s i d e n t P A G E 2 H A R P E R & A S S O C I A T E SENGINEERING I N C .J U N E 5 , 2 0 2 0 COVER LETTER www.harpereng.com Page 2 H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 E X E C U T I V E S U M M A R Y www.harpereng.com Page 3 H a r p e r & A s s o c i a t e s E n g i n e e r i n g , I n c . (H A E ) i s p l e a s e d t o s u b m i t t h i s P r o p o s a l f o r C o a t i n g I n s p e c t i o n S e r v i c e s f o r S i x A b o v e G r o u n d S t e e l R e s e r v o i r s . H A E i s a c o r r o s i o n a n d t a n k s t r u c t u r a l c o n s u l t i n g e n g i n e e r i n g f i r m f o r w a t e r a n d w a s t e w a t e r f a c i l i t i e s , o p e r a t i n g s i n c e 1 9 7 9 . H A E w o u l d b e c o n s i d e r e d a s m a l l b u s i n e s s i n c o m p a r i s o n t o m a n y l a r g e r f i r m s , b u t t h e d e c i s i o n w a s m a d e e a r l y o n t o b e a s m a l l f i r m t h a t s p e c i a l i z e s i n t h i s u n i q u e f i e l d o f e n g i n e e r i n g . B y s p e c i a l i z i n g , H A E h a s d e v e l o p e d a c o m p r e h e n s i v e u n d e r s t a n d i n g o f t h i s f i e l d a n d t h e n e e d s w i t h i n t h e w a t e r a n d w a s t e w a t e r i n d u s t r y . T h e d e s i r e w a s t o p r o v i d e o u r c l i e n t s w i t h e x c e p t i o n a l k n o w l e d g e , h i g h q u a l i t y w o r k m a n s h i p , a n d p e r s o n a l i z e d s e r v i c e i n a l l p r o j e c t s . T h e f a c t t h a t H A E h a s s u c c e s s f u l l y s p e c i a l i z e d i n t h i s u n i q u e f i e l d f o r o v e r 4 0 y e a r s s p e a k s w e l l o f t h e f i r m ’s r e p u t a t i o n i n t h e i n d u s t r y , i n t e g r i t y , f i n a n c i a l s t a b i l i t y , a n d r e s o u r c e s . H A E h a s a u n i q u e h i s t o r y p r o v i d i n g q u a l i t y c o n t r o l c o a t i n g a n d p a i n t i n g i n s p e c t i o n i n t h e w a t e r a n d w a s t e w a t e r i n d u s t r y . I n 1 9 7 9 , H A E w a s t h e f i r s t e n g i n e e r i n g f i r m i n S o u t h e r n C a l i f o r n i a t o p r o v i d e f u l l -t i m e q u a l i t y c o n t r o l c o a t i n g a n d p a i n t i n s p e c t i o n . I n a d d i t i o n , o u r f o u n d e r , W i l l i a m H a r p e r , w a s a m e m b e r o f t h e o r i g i n a l c o m m i t t e e t h a t f o r m u l a t e d t h e N A C E c o a t i n g i n s p e c t i o n p r o g r a m a n d t e s t i n g . S i n c e t h e b e g i n n i n g , H A E h a s b e e n d i l i g e n t i n h i r i n g h i g h l y q u a l i f i e d i n s p e c t o r s . O u r i n s p e c t o r s n o t o n l y h a v e N A C E c e r t i f i c a t i o n s , b u t a l s o h a v e f i e l d e x p e r i e n c e i n c o a t i n g a n d p a i n t i n g w i t h m a n y o f o u r i n s p e c t o r s b e i n g e i t h e r p a s t f o r e m e n o r s u p e r i n t e n d e n t s f o r c o a t i n g c o n t r a c t o r s . I t w a s d e t e r m i n e d e a r l y o n t h a t t h i s f i e l d e x p e r i e n c e i s c r u c i a l f o r t h e b e s t u n d e r s t a n d i n g o f t h e n e c e s s a r y r e q u i r e m e n t s t o a c h i e v e a 2 0 t o 2 5 y e a r e f f e c t i v e s e r v i c e l i f e o f t h e c o a t i n g o r p a i n t . I n a d d i t i o n , H A E h a s b e e n d e s i g n i n g a n d i n s p e c t i n g t h e i n s t a l l a t i o n s o f c a t h o d i c p r o t e c t i o n e q u i p m e n t f o r m a n y y e a r s . F o r t h i s p r o j e c t w e w i l l h a v e a N A C E c e r t i f i e d c o a t i n g s i n s p e c t o r i n c h a r g e i n t h e f i e l d . A s c a n b e s e e n i n t h e r e f e r e n c e s p r o v i d e d , m a n y c l i e n t s h a v e u s e d o u r i n s p e c t i o n s e r v i c e s e x c l u s i v e l y f o r t h e i r r e s e r v o i r p r o j e c t s f o r m a n y d e c a d e s . W e b e l i e v e o u r l o n g -s t a n d i n g s e r v i c e t o a v a r i e t y o f p u b l i c a g e n c i e s t h r o u g h o u t C a l i f o r n i a , m a n y o n a c o n t i n u o u s b a s i s t h r o u g h o u t o u r 4 2 y e a r s i n b u s i n e s s , i s a t e s t i m o n i a l t o t h e q u a l i t y o f s e r v i c e s w e p r o v i d e . T h e p r i m a r y a s s u r a n c e i s t h e f a c t t h a t a l l w o r k w i l l b e d o n e b y h i g h l y q u a l i f i e d a n d e x p e r i e n c e d e n g i n e e r s a n d i n s p e c t o r s w i t h a n o u t s t a n d i n g a r r a y o f t e c h n i c a l t a l e n t a n d e x p e r t i s e a n d w h o a r e u n i q u e l y f a m i l i a r w i t h w a t e r t a n k p r o j e c t s . H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 www.harpereng.com Page 4 S C O P E O F W O R K T h e o b j e c t i v e o f t h i s i t e m i s t o p r o v i d e s e r v i c e s w h i c h w i l l h e l p g u a r a n t e e t h e p r o j e c t i s c o m p l e t e d i n a c c o r d a n c e w i t h t h e s p e c i f i c a t i o n s a n d p l a n s a n d t o e x p e d i t e t h e s e r v i c e s a s t o n o t i m p a c t t h e p r o j e c t s c h e d u l e . A s a f i r m t h a t s p e c i a l i z e s i n r e s e r v o i r r e h a b i l i t a t i o n , H A E h a s a t h o r o u g h u n d e r s t a n d i n g o f t h e s e r v i c e s r e q u i r e d t o p r o v i d e a s u c c e s s f u l p r o j e c t . 1 . P r o v i d e a l l n e c e s s a r y t e s t i n g e q u i p m e n t , e x c l u d i n g t h e h o l i d a y d e t e c t i o n e q u i p m e n t . E q u i p m e n t w i l l b e c a l i b r a t e d a s n e e d e d b y t h e i n s p e c t o r i n t h e p r e s e n c e o f t h e C o n t r a c t o r t o v e r i f y a c c u r a c y p r i o r t o u s e . 2 . C o o r d i n a t e w i t h t h e C i t y ’s p r o j e c t i n s p e c t o r f o r s c h e d u l i n g i n s p e c t i o n w o r k . 3 . R e v i e w a l l C o n t r a c t o r i n v o i c e s a n d m a k e r e c o m m e n d a t i o n s t o t h e C i t y f o r p a y m e n t t o C o n t r a c t o r a s a p p r o p r i a t e . 4 . N A C E I I i n s p e c t o r w i l l o b s e r v e t h e C o n t r a c t o r f o r c o m p l i a n c e w i t h s i t e a n d j o b s a f e t y r e q u i r e m e n t s . I n f o r m t h e C i t y o f a n y c o n c e r n s o r p r o b l e m s c o n c e r n i n g s i t e o r j o b s a f e t y o b s e r v e d . W h e n a u t h o r i z e d b y t h e C i t y , d i r e c t t h e C o n t r a c t o r t o c o m p l y w i t h a l l s a f e t y o r d e r s . 5 . M e e t w i t h C i t y f o r P r e -C o n s t r u c t i o n C o n f e r e n c e t o r e v i e w s p e c i f i c a t i o n s , c o n d i t i o n s , a n d s c h e d u l e s . 6 . P a r t i c i p a t e i n a d d i t i o n a l m e e t i n g s a s r e q u e s t e d b y t h e C i t y . G E N E R A L I N S P E C T I O N S E R V I C E S H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 F I E L D C O A T I N G A N D P A I N T I N G I N S P E C T I O N S E R V I C E S T h i s i s c r i t i c a l t o t h e s u c c e s s o f t h e p r o j e c t . W i t h o u t f u l l -t i m e q u a l i t y c o n t r o l i n s p e c t i o n o f t h e c o a t i n g a n d p a i n t i n g o p e r a t i o n s , t h e C i t y w i l l b e j e o p a r d i z i n g t h e 2 0 t o 2 5 y e a r l i f e o f t h e c o a t i n g a n d p a i n t i n g s y s t e m s . A s c a n b e s e e n b e l o w , t h e i n s p e c t o r p r o v i d e s c r i t i c a l s e r v i c e s t o v e r i f y t h e w o r k i s b e i n g a c c o m p l i s h e d i n a c c o r d a n c e w i t h t h e s p e c i f i c a t i o n s . 1 . D A I L Y I N S P E C T I O N A C T I V I T Y R E P O R T S a . R e p o r t s s h a l l i d e n t i f y d a i l y s t a r t a n d s t o p t i m e s , s i z e o f C o n t r a c t o r ’s c r e w , e q u i p m e n t u s e d , v i s i t o r s t o j o b s i t e , c l i m a t i c c o n d i t i o n s t h r o u g h o u t t h e d a y , q u a n t i t y o f m a t e r i a l s u s e d , p e r i o d s o f C o n t r a c t o r d o w n t i m e a n d c a u s e , i n s p e c t i o n p r o c e d u r e s u s e d a n d r e s u l t s , v e r i f i c a t i o n a n d r e c o r d i n g o f s u r f a c e p r e p a r a t i o n , c o a t i n g m a t e r i a l b a t c h n u m b e r s , m i x i n g , t h i n n i n g , a p p l i c a t i o n , a n d t h i c k n e s s . www.harpereng.com Page 5 b . P i c t u r e s s h a l l b e t a k e n a t k e y p o i n t s i n t h e p r o j e c t , d o c u m e n t i n g t h e p r o g r e s s o f t h e w o r k . c . D a i l y i n s p e c t i o n r e p o r t s , i n c l u d i n g d i a g r a m s o f t h e c o a t i n g w o r k a c c o m p l i s h e d , s h a l l b e s u b m i t t e d t o t h e C i t y . 2 . S U R F A C E P R E P A R A T I O N I N S P E C T I O N - P h y s i c a l i n s p e c t i o n o f b l a s t c l e a n e d s u r f a c e s t o v e r i f y c o m p l i a n c e w i t h s p e c i f i c a t i o n , r e m o v a l o f d u s t , e t c . a . W e a t h e r c o n d i t i o n s w i l l b e v e r i f i e d b y u s e o f a n e l e c t r o n i c o r s l i n g p s y c h r o m e t e r t o d e t e r m i n e s u i t a b i l i t y o f c l i m a t i c c o n d i t i o n s . b . S u r f a c e s w i l l b e o b s e r v e d t o d e t e r m i n e c o m p l i a n c e w i t h s p e c i f i c a t i o n s . i . P r e l i m i n a r y C l e a n i n g - F o r S t e e l S u r f a c e s (a ) S u r f a c e s w i l l b e i n s p e c t e d t o v e r i f y r e m o v a l o f g r e a s e , o i l , c h e m i c a l s , e t c . a f t e r c o m p l e t i o n o f s o l v e n t c l e a n i n g o f s u r f a c e s . i i . A b r a s i v e B l a s t C l e a n i n g (a ) I n s p e c t b l a s t e d s u r f a c e s a t t h e e n d o f e a c h d a y 's s h i f t t o d e t e r m i n e c o m p l i a n c e w i t h s p e c i f i c a t i o n . P h y s i c a l t e s t s f o r s u r f a c e p r o f i l e w i l l b e p e r f o r m e d u s i n g a K -T S u r f a c e P r o f i l e C o m p a r a t o r . A t c o m p l e t i o n o f b l a s t c l e a n i n g e a c h s h i f t , a r e a s n o t m e e t i n g s p e c i f i c a t i o n w i l l b e r e -b l a s t e d a n d t e s t s a g a i n p e r f o r m e d . T h i s c y c l e w i l l b e r e p e a t e d u n t i l s u r f a c e s a r e a c c e p t e d f o r m a t e r i a l a p p l i c a t i o n . (b ) U p o n c o m p l e t i o n o f a b o v e i n s p e c t i o n , d u s t a n d o t h e r s u r f a c e c o n t a m i n a n t s w i l l b e r e m o v e d a s s p e c i f i e d a n d s u r f a c e s v i s u a l l y a n d p h y s i c a l l y i n s p e c t e d f o r c o m p l i a n c e w i t h s p e c i f i c a t i o n . 3 . M A T E R I A L S A P P L I C A T I O N I N S P E C T I O N - A f t e r a p p r o v a l o f s u r f a c e p r e p a r a t i o n , o n g o i n g i n s p e c t i o n m o n i t o r s w e a t h e r c o n d i t i o n s , C o n t r a c t o r 's a p p l i c a t i o n e q u i p m e n t a n d i t s o p e r a t i o n , m i x i n g o f p r i m e r , a n d p h y s i c a l i n s p e c t i o n o f p r i m e c o a t a p p l i c a t i o n , i n c l u d i n g s p r a y t e c h n i q u e s , c l e a n l i n e s s o f s u r f a c e , t h i c k n e s s , e t c . a . W e a t h e r c o n d i t i o n s w i l l b e v e r i f i e d b y u s e o f a n e l e c t r o n i c o r s l i n g p s y c h r o m e t e r t o d e t e r m i n e s u i t a b i l i t y o f c l i m a t i c c o n d i t i o n s . b . C o n t r a c t o r 's e q u i p m e n t w i l l b e m o n i t o r e d t o e n s u r e o p e r a t i o n w i l l n o t c o n t r i b u t e t o a n y d e g r a d a t i o n o f a p p l i c a t i o n (o i l , m o i s t u r e , e t c .). c . A p p l i e d m a t e r i a l s w i l l b e i n s p e c t e d f o r c o m p l i a n c e w i t h s p e c i f i c a t i o n a n d m i x i n g /t h i n n i n g o p e r a t i o n s w i l l b e m o n i t o r e d . H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 www.harpereng.com Page 6 d . S u r f a c e s w i l l b e r e -i n s p e c t e d t o v e r i f y n o d u s t o r o t h e r c o n t a m i n a n t s a r e o n s u r f a c e s a n d r e m e d i a l c l e a n i n g p e r f o r m e d a s r e q u i r e d . e . A f t e r a p p r o v a l o f s u r f a c e s , a p p l i c a t i o n w i l l b e c a r e f u l l y m o n i t o r e d t o v e r i f y m a t e r i a l s a r e e v e n l y a p p l i e d a t t h e p r o p e r t h i c k n e s s a n d w i t h n o o v e r s p r a y t o i n t e r f e r e w i t h a d h e s i o n . 4 . F I N I S H C O A T (S ) I N S P E C T I O N - A f t e r a p p r o v a l o f p r i m e c o a t a p p l i c a t i o n , o n g o i n g i n s p e c t i o n m o n i t o r s w e a t h e r c o n d i t i o n s , C o n t r a c t o r 's a p p l i c a t i o n e q u i p m e n t a n d i t s o p e r a t i o n , m i x i n g o f m a t e r i a l s , a n d p h y s i c a l i n s p e c t i o n o f m a t e r i a l a p p l i c a t i o n , i n c l u d i n g s p r a y t e c h n i q u e s , c l e a n l i n e s s o f s u r f a c e , t h i c k n e s s , e t c . a . P r o c e d u r e s o u t l i n e d i n 3 . a b o v e w i l l b e r e p e a t e d d u r i n g a p p l i c a t i o n o f a d d i t i o n a l m a t e r i a l s , i n c l u d i n g c a r e f u l e x a m i n a t i o n o f a r e a s w h e r e c l e a n i n g p e n e t r a t e d c o a t i n g f i l m t o v e r i f y e d g e s o f f i l m h a v e n o t l i f t e d , c u r l e d , e t c . W h e r e d e f e c t s e x i s t , a d d i t i o n a l c l e a n i n g w i l l b e p e r f o r m e d t o b r i n g a r e a i n t o c o m p l i a n c e w i t h s p e c i f i c a t i o n a n d a r e a w i l l b e r e c o a t e d a s r e q u i r e d . 5 . F I N A L I N S P E C T I O N - R e q u i r e s i n p u t a t c o n c l u s i o n o f f i n i s h c o a t i n g s t o e n s u r e a p p l i c a t i o n , f i l m c o n t i n u i t y (h o l i d a y d e t e c t i o n ), a n d d r y f i l m t h i c k n e s s a r e i n c o m p l e t e c o n f o r m a n c e w i t h s p e c i f i c a t i o n . a . D R Y F I L M T H I C K N E S S T E S T I N G i . P r i o r t o t e s t i n g d r y f i l m t h i c k n e s s o n a n y g i v e n d a y , i n s p e c t o r w i l l c a l i b r a t e h i s i n s t r u m e n t a g a i n s t N .B .S . m e t a l p l a t e s t a n d a r d . N o p l a s t i c s h i m s w i l l b e u s e d . I n s t r u m e n t w i l l b e r e - c a l i b r a t e d a t t h e b e g i n n i n g o f t h e a f t e r n o o n s e s s i o n o r a t a n y t i m e t h e i n s t r u m e n t m a y h a v e b e e n s u b j e c t e d t o i m p a c t a g a i n s t s c a f f o l d , s t r u c t u r e , e t c . i i . T h e c o a t i n g w i l l b e t e s t e d t o d e t e r m i n e i f i t h a s s u f f i c i e n t l y d r i e d t o e l i m i n a t e i n d e n t a t i o n o f t h e p r o b e i n t o t h e c o a t i n g , w h i c h s u b t r a c t s m i l s f r o m t h e c o r r e c t r e a d i n g . I f t h e c o a t i n g d o e s d e f o r m , t h e t e s t i n g w i l l b e p o s t p o n e d u n t i l t h e c o a t i n g i s f i r m e n o u g h t o p r e v e n t d e f o r m a t i o n b y t h e g a u g e . i i i . D r y f i l m t h i c k n e s s m e a s u r e m e n t s w i l l b e t a k e n o n 3 ' c e n t e r s u n t i l i t i s d e t e r m i n e d d e f i c i e n t r e a d i n g s w a r r a n t m o r e t e s t s t o t r u l y i n d i c a t e t h e t h i c k n e s s o f t h e a r e a . T e s t i n g w i l l b e p e r f o r m e d a s d e e m e d n e c e s s a r y t o a c c u r a t e l y d e t e r m i n e t h e t h i c k n e s s , r e g a r d l e s s o f w h a t t h e C o n t r a c t o r m a y s a y . I f w i d e s p r e a d d e f i c i e n c i e s a r e f o u n d , t h e C o n t r a c t o r w i l l b e a d v i s e d t o d e t e r m i n e i f t h e y p r e f e r i n s p e c t o r t o p r o c e e d w i t h t e s t i n g a f t e r t h e y a p p l y a d d i t i o n a l m a t e r i a l . i v . A f t e r c o m p l e t i o n o f t h e t e s t i n g a n d a f t e r t h e C o n t r a c t o r h a s r e c o a t e d a l l t h e d e f i c i e n t a r e a s , t e s t s o n t h e r e c o a t e d a r e a s w i l l b e r e p e a t e d u n t i l t h e m i n i m u m d r y f i l m t h i c k n e s s i s o b t a i n e d . b . H O L I D A Y D E T E C T I O N (I N T E R I O R O N L Y ) i . A f t e r c o m p l e t i o n o f d r y f i l m t h i c k n e s s t e s t i n g , a l l s u r f a c e s w i l l t h e n b e h o l i d a y d e t e c t e d , u t i l i z i n g t h e s p e c i f i e d d e t e c t o r . H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 www.harpereng.com Page 7 i i . T h e T i n k e r -R a s o r A P o r A P -W H i g h V o l t a g e H o l i d a y D e t e c t o r p o w e r p a c k v o l t a g e w i l l b e s e t a c c o r d i n g t o t h e v o l t a g e r e q u i r e d i n t h e s p e c i f i c a t i o n . i i i . H o l i d a y d e t e c t i o n a n d m a r k i n g o f d e f e c t i v e a r e a s w i l l b e p e r f o r m e d a s n o t e d a b o v e u n d e r “D R Y F I L M T H I C K N E S S T E S T I N G ”. i v . A l l m a r k e d a r e a s w i l l t h e n b e r e p a i r e d a n d h o l i d a y d e t e c t i o n p e r f o r m e d a g a i n . R e -d e t e c t i o n a n d m a r k i n g w i l l c o n t i n u e u n t i l t h e s u r f a c e i s h o l i d a y -f r e e , u n l e s s o t h e r w i s e i n s t r u c t e d b y t h e O w n e r o r h i s R e p r e s e n t a t i v e . 6 . L I M I T A T I O N S O F A U T H O R I T Y a . R E S I D E N T P R O J E C T I N S P E C T O R i . S h a l l n o t a u t h o r i z e a n y d e v i a t i o n f r o m t h e C o n t r a c t D o c u m e n t s o r s u b s t i t u t i o n o f m a t e r i a l s o r e q u i p m e n t , u n l e s s a u t h o r i z e d b y E n g i n e e r /O w n e r i n w r i t i n g i i . S h a l l n o t e x c e e d l i m i t a t i o n s o f C o n s u l t a n t ’s A u t h o r i t y a s s e t f o r t h i n t h e A g r e e m e n t o r t h e C o n t r a c t D o c u m e n t s i i i . S h a l l n o t u n d e r t a k e a n y o f t h e r e s p o n s i b i l i t i e s o f C o n t r a c t o r , s u b c o n t r a c t o r , o r C o n t r a c t o r ’s s u p e r i n t e n d e n t i v . S h a l l n o t a d v i s e o n , i s s u e d i r e c t i o n s r e l a t i v e t o , o r a s s u m e c o n t r o l o v e r s a f e t y p r e c a u t i o n s a n d p r o g r a m s i n c o n n e c t i o n w i t h t h e w o r k v . S h a l l n o t a d v i s e o n , i s s u e d i r e c t i o n s r e g a r d i n g , o r a s s u m e c o n t r o l o v e r a n y a s p e c t o f t h e C o n t r a c t o r ’s m e a n s , m e t h o d s , t e c h n i q u e s , s e q u e n c e s , o r p r o c e d u r e s o f c o n s t r u c t i o n , u n l e s s s u c h a d v i c e o r d i r e c t i o n s a r e s p e c i f i c a l l y r e q u i r e d b y t h e C o n t r a c t D o c u m e n t s v i . S h a l l n o t a c c e p t S h o p D r a w i n g s o r s a m p l e s u b m i t t a l s f r o m a n y o n e o t h e r t h a n C o n t r a c t o r , a n d s h a l l i m m e d i a t e l y d e l i v e r s u c h s u b m i t t a l s t o E n g i n e e r /O w n e r H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 O R G A N I Z A T I O N C H A R T T h e f o l l o w i n g p e r s o n n e l w i l l b e t h e t e a m f o r t h e C i t y ’s p r o j e c t . D e t a i l e d q u a l i f i c a t i o n s a r e r e f e r e n c e d i n t h e R e s u m e s . www.harpereng.com Page 8 P r i n c i p a l E n g i n e e r /V i c e P r e s i d e n t KRISTA HARPER, P.E. P r e s i d e n t E n g i n e e r /D i v e r ANDRE HARPER NACE III O w n e r CITY OF VERNON P r o j e c t E n g i n e e r /D i v e r ALEXIS AYALA C a t h o d i c P r o t e c t i o n E n g i n e e r STEVE JONES, P.E. E n g i n e e r i n g T e c h n i c i a n / D i v e r DAVID ASHTON NACE II E n g i n e e r i n g T e c h n i c i a n / D i v e r BRANDON BAXTER NACE II C o a t i n g I n s p e c t o r DENNIS PAZMINO NACE III C o a t i n g I n s p e c t o r BEN OLMSTEAD NACE II C o a t i n g I n s p e c t o r RANDY POWERS NACE I C o a t i n g I n s p e c t o r PARKER BROWN SSPC PCI II C o a t i n g I n s p e c t o r GREG GENEREAUX NACE II H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 a y e a r 's o v e r v i e w www.harpereng.com Page 9 Krista Harper, P.E., Principal Engineer Ms. Harper, as Principal Engineer, will be responsible for QA/QC and will be the Project Manager. Ms. Harper is a Registered Civil Engineer in the State of California (C71280). For the past 25 years, Ms. Harper has been Senior Project Manager for HAE, working extensively in both corrosion and structural engineering projects, primarily related to steel and concrete tank evaluations and rehabilitation. Andre Harper, President and Lead Diver Mr. Harper will accomplish supervision of all field operations for the project. Mr. Harper holds a degree in engineering from California State Polytechnic University, Pomona, and is NACE Level III certified (55395). Mr. Harper has worked with HAE for the past 25 years, performing the diving inspections of hundreds of tanks for the evaluation of coating, painting, and seismic/structural projects. P R O J E C T T E A M H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 a y e a r 's o v e r v i e w www.harpereng.com Page 10 H A E h a s b e e n a c c o m p l i s h i n g r e s e r v o i r p r o j e c t s f o r t h e D i s t r i c t s i n c e 1 9 9 9 . H A E p r e p a r e d t h e p l a n s a n d s p e c i f i c a t i o n s a n d p r o v i d e d q u a l i t y c o n t r o l i n s p e c t i o n a n d c o n s t r u c t i o n m a n a g e m e n t f o r t h e r e h a b i l i t a t i o n o f 2 0 r e s e r v o i r s , i n c l u d i n g c o a t i n g , p a i n t i n g , a n d s t r u c t u r a l s a f e t y u p g r a d e s . T h e s e p r o j e c t s h a v e i n c l u d e d p e r f o r m i n g d i v e a n d f l o a t e v a l u a t i o n s o f a l l 6 4 r e s e r v o i r s f o r c o r r o s i o n , s t r u c t u r a l , a n d s a f e t y c o m p l i a n c e a n d , i n t h e l a s t f i v e y e a r s , p r e p a r a t i o n o f a m a i n t e n a n c e P r i o r i t i z a t i o n R e p o r t f o r a l l 6 4 r e s e r v o i r s . I n a d d i t i o n , H A E h a s d e s i g n e d e i g h t n e w r e s e r v o i r s a n d p r o v i d e d t h e c o n s t r u c t i o n m a n a g e m e n t a n d q u a l i t y c o n t r o l i n s p e c t i o n o f 2 2 o f t h e r e s e r v o i r s . H A E h a s h a d m u l t i p l e p r o j e c t s w i t h t h e D i s t r i c t c o n t i n u o u s l y t h r o u g h o u t t h e l a s t f i v e y e a r s . R e f e r e n c e s COAC HE L LA V A LL E Y WA TE R DIS TR I CT CL I E N T S I N C E: 1 9 99 MR. BRIAN FOGG 75-515 HOVLEY LANE EAST PALM DESERT, CA 92211(760) 398-2651 G O LD E N STATE WA T E R C O M P ANY C L I EN T S I N C E : 1 994 MR. KIRK PHILLIPS, P.E. 160 E. VIA VERDE, SUITE 100SAN DIMAS, CA 91773(909) 305-5427 H A E h a s p r o v i d e d e n g i n e e r i n g s e r v i c e s t o G o l d e n S t a t e W a t e r C o m p a n y (G S W C ) f o r t h e p a s t 2 6 y e a r s i n N o r t h e r n a n d S o u t h e r n C a l i f o r n i a . C u r r e n t l y , H A E i s w o r k i n g w i t h G S W C o n a p r o j e c t t o p r o v i d e c o a t i n g i n s p e c t i o n f o r t h e r e h a b i l i t a t i o n o f 1 0 w a t e r s t o r a g e r e s e r v o i r s . F o r y e a r s , H A E h a s w o r k e d o n a l l a s p e c t s o f t h e i r p r o j e c t s c r e a t i n g a t u r n k e y p r o c e s s f o r t h i s c l i e n t . P a s t p r o j e c t s h a v e i n c l u d e d d i v e i n v e s t i g a t i o n o f i n t e r i o r s a n d i n v e s t i g a t i o n o f e x t e r i o r s f o r s t r u c t u r a l a n d c o r r o s i o n p r o t e c t i o n ; t e s t i n g f o r l e a d a n d h e a v y m e t a l s ; p r e p a r a t i o n o f r e p o r t s w i t h r e c o m m e n d a t i o n s a n d c o s t e s t i m a t e s ; p r e p a r a t i o n o f t e c h n i c a l s p e c i f i c a t i o n s f o r c o a t i n g , p a i n t , c a t h o d i c p r o t e c t i o n , a n d s a f e t y s t r u c t u r a l u p g r a d e s ; p r e p a r a t i o n o f b i d p a c k a g e s ; p r o j e c t m a n a g e m e n t ; a n d q u a l i t y c o n t r o l i n s p e c t i o n . H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 www.harpereng.com Page 11 H A E p r e p a r e d t h e s p e c i f i c a t i o n s a n d p l a n s f o r t h e r e h a b i l i t a t i o n o f e i g h t r e s e r v o i r s a n d p r o v i d e d t h e q u a l i t y c o n t r o l i n s p e c t i o n . P r o j e c t s i n c l u d e d u n d e r w a t e r i n v e s t i g a t i o n a n d c l e a n i n g o f t h e i n t e r i o r o f t h e r e s e r v o i r s , a s w e l l a s p r e p a r a t i o n o f r e p o r t s f o r e a c h r e s e r v o i r i n v e s t i g a t e d . T h e r e p o r t s i n c l u d e d p h o t o s u r v e y s , o b s e r v a t i o n s , c o n c l u s i o n s , r e c o m m e n d a t i o n s , a n d c o s t e s t i m a t e s . T h e D i s t r i c t a l s o r e q u i r e d a n a r r a t e d v i d e o f o r e a c h r e s e r v o i r . O n c e a l l r e s e r v o i r s w e r e e v a l u a t e d , a d e t a i l e d t e n -y e a r m a i n t e n a n c e s c h e d u l e w a s e s t a b l i s h e d f o r t h e D i s t r i c t t o a s s i s t i n l o n g -t e r m p l a n n i n g f o r m a i n t e n a n c e o f t h e i r r e s e r v o i r s . R O W L A N D WA T E R D I S T R I C T C L I E N T S IN C E : 1 9 9 8 MR. ERIC HALL 3021 S. FULLERTON ROADROWLAND HEIGHTS, CA 91748(562) 697-1726 P r o j e c t s h a v e i n c l u d e d d i v e i n v e s t i g a t i o n o f a l l r e s e r v o i r s , i n c l u d i n g c l e a n i n g a n d d i v e i n s p e c t i o n o f t h e i n t e r i o r s f o r s e i s m i c /s t r u c t u r a l a n d c o r r o s i o n p r o t e c t i o n ; t e s t i n g f o r l e a d a n d h e a v y m e t a l s ; p r e p a r a t i o n o f r e p o r t s w i t h r e c o m m e n d a t i o n s a n d c o s t e s t i m a t e s ; p r e p a r a t i o n o f a p r i o r i t y l i s t , t e c h n i c a l s p e c i f i c a t i o n s , a n d b i d p a c k a g e s . P r o j e c t m a n a g e m e n t a n d q u a l i t y c o n t r o l h a v e b e e n p r o v i d e d f o r 1 2 o f t h e r e s e r v o i r r e h a b i l i t a t i o n p r o j e c t s . C R E S C E N T A V A LL E Y WA T E R D I S T R I C T C L I E N T S I N C E : 1 9 9 7 MR. DAVID GOULD 2700 FOOTHILL BOULEVARD LA CRESCENTA, CA 91214(818) 248-3925 H A R P E R & A S SOC I A T E SENGINEERING, I N C .J a n u a r y 2 1 , 2 0 2 1 Y E A R S E X P E R I E N C E32 Mr. Harper, President of Harper & Associates Engineering, Inc., has been working for the past 25 years extensively in corrosion and tank structural engineering projects, primarily related to steel and concrete tank evaluations and rehabilitation. Mr. Harper is a Project Engineer for HAE responsible for overseeing all field operations and is the lead diver for diving inspections for the evaluation of coating, painting, and seismic/structural projects. Mr. Harper has performed over a thousand inspections on steel and concrete water tanks, wastewater treatment plants, elevated tanks, pressure vessels, and pipelines. O V E R V I E W BSCE, Construction Engineering California State Polytechnic University, Pomona Cal/OSHA Confined Space Certified Dive Certified CPR Certified E D U C A T I O N American Water Works Association National Association of Corrosion Engineers Inland County Water Association Southern California Water Utility Association M E M B E R S H I P S N A C E L E V E L I I I C E R T I F I E D #5 5 3 9 5 R E L A T E D P R O J E C T E X P E R I E N C E 2020 - Inland Empire Utilities Agency - Quality Control Inspection for RP4 Structures 2019 - Inland Empire Utilities Agency - Quality Control Inspection for Chino I Desalter NRV Rehabilitation 2018 - Long Beach Water Department - Construction Management and Quality Control Inspection - Chemical Tank Replacement Phase 4 2017 - Moulton Niguel Water District - Quality Control Inspection of Bear Brand Reservoir No. 2 P R E S I D E N T A N D R EHARPE R Y E A R S E X P E R I E N C E30 M s . H a r p e r , V i c e P r e s i d e n t a n d P r i n c i p a l E n g i n e e r o f H a r p e r & A s s o c i a t e s E n g i n e e r i n g , I n c ., h a s b e e n w o r k i n g f o r t h e p a s t 2 5 y e a r s e x t e n s i v e l y i n c o r r o s i o n a n d t a n k s t r u c t u r a l e n g i n e e r i n g p r o j e c t s , p r i m a r i l y r e l a t e d t o s t e e l a n d c o n c r e t e t a n k e v a l u a t i o n s a n d r e h a b i l i t a t i o n . M s . H a r p e r i s r e s p o n s i b l e f o r q u a l i t y a s s u r a n c e /q u a l i t y c o n t r o l f o r a l l a s p e c t s o f t h e f i r m i n c l u d i n g a n a l y s i s o f c o r r o s i o n p r o b l e m s , p r e p a r a t i o n o f s p e c i f i c a t i o n s a n d p l a n s , c o n s t r u c t i o n m a n a g e m e n t , m a i n t e n a n c e p r o g r a m s , i n s p e c t i o n , a n d c o o r d i n a t i o n w i t h c l i e n t s . O V E R V I E W V I C E P R E S I D E N T K R I S T AHARPER , P .E . BSCE, Construction Engineering California State Polytechnic University, Pomona 2019 Inductee into the School of Engineering Hall of Fame E D U C A T I O N American Water Works Association Past Chairman of the Tanks, Reservoirs, Structures, Maintenance Committee and Past Chairman Corrosion Control Committee National Association of Corrosion Engineers Inland County Water Association Southern California Water Utility Association M E M B E R S H I P S R E L A T E D P R O J E C T E X P E R I E N C E R E G I S T E R E D C I V I L E N G I N E E R C 7 1 2 8 0 2020 - Santa Margarita Water District - Quality Control Inspection for Sludge Holding Tank 2019 - Cucamonga Valley Water District - Condition Assessments of 35 Reservoirs 2018 - Golden State Water Company - Newport Reservoir Design Report and Quality Control Inspection 2018 - 2020 - Long Beach Water Department - Alamitos Tanks 5 & 6 Construction Management and Quality Control Inspection Y E A R S E X P E R I E N C E12 M r . O l m s t e a d h a s b e e n a Q u a l i t y C o n t r o l I n s p e c t o r f o r H a r p e r & A s s o c i a t e s E n g i n e e r i n g , I n c . s i n c e 2 0 1 8 . H i s e x p e r i e n c e i n c l u d e s w o r k i n g i n w a s t e w a t e r f a c i l i t i e s , p o t a b l e w a t e r r e s e r v o i r s , a n d c o m m e r c i a l b u i l d i n g s . O V E R V I E W Abhe & Svoboda, Inc. 2009 - 2018 E X P E R I E N C E NACE Level II Certified Coating Inspector Confined Space Entry Certified OSHA 10 & OSHA 30-Construction CPR Certified R E G I S T R A T I O N S N A C E L E V E L I I C E R T I F I E D #7 2 2 6 6 N A C E I ICOATIN G I N S P E C T O R B E N J A M I NOLMSTEAD R E L A T E D P R O J E C T E X P E R I E N C E 2020 – Inland Empire Utilities Agency, Treatment Plant RP-4 Project Contact: Mr. James Spears, Associate Engineering, jspears@ieua.org, (909) 224-7979 2020 – Long Beach Water Department, Alamitos Tank No. 5 Rehabilitation Contact: Ms. Danna Monzon, Project Engineer, danna.monzon@lbwater.org, (562) 570-2325 2019 – South Orange County Water Authority, Coastal Treatment Plant Various Structures Contact: Mr. Jason Manning, Director of Engineering, jmanning@socwa.com, (949) 234-5435 19 EXHIBIT B SCHEDULE 20 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. City Council Agenda Item Report Agenda Item No. COV-526-2021 Submitted by: Fredrick Agyin Submitting Department: Health and Environmental Control Department Meeting Date: March 2, 2021 SUBJECT Space Use Agreement with the County of Los Angeles for Space Located at Vernon City Hall Recommendation: Approve and Authorize the City Administrator to execute a Space Use Agreement with the County of Los Angeles for space located at Vernon City Hall, in substantially the same form as submitted, for COVID-19 related services, including testing, effective March 2, 2021 through June 30, 2021. Background: On March 4, 2020 the County's Board of Supervisors declared a local and public health emergency following the introduction of the Coronavirus Disease 2019 (COVID-19) cases in Los Angeles County. Subsequently on March 14, 2020, the City declared a local state of emergency due to the current COVID-19 outbreak affecting the country. The purpose of the proclamation of a local emergency was to assist in a coordinated public health response to reduce transmission and illness severity, provide assistance to public safety and health providers, and mitigate the effects of this pandemic on the citizens, businesses, and employees of the City. Since then, the City has taken several actions to mitigate the spread of COVID-19 and ensure the health and safety of its residents and community. Early in the pandemic, the City provided financial support to a local healthcare provider specifically for COVID-19 screening/testing. The City also deployed educational campaigns handing out face coverings to its residents, and distributing "Safer At Work - Safer At Home" materials to local businesses. Most recently, the City adopted an emergency ordinance mandating wearing of masks, and has also partnered with the County and a local healthcare provider to obtain and administer the COVID-19 vaccine in Vernon. Although the number of confirmed cases of COVID-19 have decreased significantly in recent weeks, the threat of potentially deadlier and more transmissible variants remains. Thus, it is critically important that the City continue do its part to help identify individuals who may have contracted the illness and work to prevent spreading the virus to other individuals in the community. The proposed Space Use Agreement with LA County would allow the County to establish a COVID-19 testing site at City Hall at no cost to the City. The screening/testing services will be available to the public including those who live and work in Vernon. The City’s emergency proclamation authorized the City Administrator to enter into any necessary agreements to obtain any emergency assistance to implement necessary intervention activities to prevent a threatened epidemic of disease in the community, and to take necessary measures to protect and preserve the public health and safety from said public health hazard. Providing a space to the County to be used for COVID-19 testing is in line with the intent of the City's proclamation to protect the health and safety of the local community. The proposed agreement has been reviewed and approved as to form by the Interim City Attorney. Fiscal Impact: The fiscal impact associated with this agreement is minimal as the County will be responsible for operating the testing site. The City will be responsible for maintenance and utilities of the facilities. Attachments: 1. Space Use Agreement - LA County 1 AGREEMENT NO. H- 709026 SPACE USE AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF VERNON This Space Use Agreement ("Agreement") is made and entered into on this 2 day of March, 2021 ("Effective Date") by and between the County of Los Angeles ("County"), a political subdivision of the State of California, on behalf of its Department of Health Services ("Department") and the City of Vernon (“Grantor”) for space located at Vernon City Hall. RECITALS WHEREAS, Grantor is a rightful possessor or occupant with a right to transfer use of certain facilities or other space ("Space") to County during the term of this Agreement; and WHEREAS, on March 4, 2020, County's Board of Supervisors declared a Local and Public Health Emergency ("Emergency") following the introduction of the Corovnavirus Disease 2019 ("COVID-19") cases in Los Angeles County; and WHEREAS, as a result of such Emergency, (i) County desires to use the Space at certain times during the term of the Agreement for COVID-19 related services, including testing, and (ii) Grantor has no use for the Space during the term of each Engagement (as defined below) and, therefore, desires to permit County to use the Space for such purposes. NOW THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto agree as follows: 1.SPACE USE 1.1 ENGAGEMENTS For each consecutive period of time when County desires to use the Space in accordance with the terms of the Agreement ("Engagement"), County and Grantor will fill out and execute the form substantially similar to the form in Exhibit A (Engagement Order), which will include, among others, the specific Space location, duration of the Engagement and hours of use ("Hours of Use") of the Space by County and its Users (as defined below), responsibilities of each party during and relating to the Engagement and personnel administering the Engagement on behalf of each party. Each such executed form will be an "Engagement Order" for Space use under the Agreement. 1.2 SCOPE OF USE Grantor hereby grants to County, including its officers, employees, agents, contractors and volunteers, as well as County's patients, clients, invitees, visitors and other users of the Space ("Users"), during the term of the Agreement, the right to enter onto, access, occupy and use the Space for the duration of the Engagement during the Hours of Use. Permissible uses of the Space by County and the Users include COVID-19 testing, related services and supporting tasks. 2 Notwithstanding Hours of Use specified in an Engagement Order, County and Grantor may agree in writing to different and/or additional Hours of Use for the Engagement, including time perod and/or days for permissable uses of the Space by County and the Users. 1.3 GOOD CONDITION At the conclusion of each Engagement, County will return the Space in the same condition it was received prior to the commencement of the Engagement, except for normal wear and tear and as otherwise agreed to by the parties. The parties shall cooperate with each other to address repair of damages to the Space caused by County or the Users during Engagements with no fault of Grantor. County will not make alteratons to the Space, unless otherwise authorized by Grantor. 1.4 ADMINISTRATION OF AGREEMENT Each party shall administer this Agreement and its performance through the representatives identified in Exhibit B (Administration of Agreement). 1.5 COMPENSATION There is no cost to County for its or the Users' use of the Space during the term of this Agreement or during the set up or shutting down of the operational area at the Space. 2.TERM AND TERMINATION 2.1 TERM The term of this Agreement shall commence upon the Effective Date (as defined above) and shall continue in full force and effect until and through June 30, 2021 ("Expiration Date"), unless sooner terminated as provided herein below or extended upon mutual agreement of the parties. 2.2 TERMINATION 2.2.1 TERMINATION FOR CONVENIENCE This Agreement may be terminated by either party for convenience upon written notice to the other given at least ten (10) days prior to the requested termination date, provided, however, that Grantor may not terminate the Agreement for convenience during any executed, but incomplete Engagement. County may also terminate any executed Engagement Order before the completion of the Engagement. 2.2.2 TERMINATION FOR MATERIAL BREACH Either party may also terminate this Agreement upon breach by the other party of any material provision of the Agreement, provided such breach continues for ten (10) days (or such additional time as the non-breaching party reasonably determines is required to cure the breach, so long as good faith steps are being taken to correct the breach) after receipt by the breaching party of written notice of such breach from the non-breaching party. For purposes of this paragraph, the parties shall take into consideration any Engagement that may be active at the time of the breach. 2.2.3 REGULATORY NON-COMPLIANCE County may terminate this Agreement immediately upon written notice to Grantor in the event of Grantor's loss of any essential accreditation, license or permit required by law for permissible use 3 of the Space under this Agreement, which may substantially impact the ability of County or the Users to use the Space for intended purposes. 3.RESPONSIBILITIES 3.1 GRANTOR'S RESPONSIBILITIES 3.1.1 MAINTENANCE Except as may otherwise be specified in an Engagement Order, Grantor shall be responsible for, and pay all costs of and incidental to, the proper maintenance of the Space, including but not limited to: utilities, including water, gas, electricity and internet access (free wi-fi for County and the Users, to the extent available); and, to the extent applicable, janitorial and cleaning services, maintenance of the building exterior, grounds, common areas and parking, trash collection and security, all in compliance with applicable standards, laws, regulations and ordinances. Grantor, therefore, agrees at its expense to keep and maintain the Space in good repair, including, to the extent applicable, the interior walls, floors, ceilings, ducts, utilities, air conditioning, heating, lighting, plate glass, plumbing, sprinkler system, exterior walls, electrical systems, doors, etc. 3.1.2 PARKING Parking for accessing and entering the Space by County and the Users shall be provided at no cost and is included within the scope of this Agreement and each Engagement. 3.1.3 PERMITS Each of County and Grantor shall obtain all applicable federal, state, county, local and other permits (building, fire, health and safety, environmental, etc.) necessary to fulfill the respective obligations under the Agreement and its purpose. Consistent with the foregoing, Grantor hereby grants to County and the Users a permit to use the Space for COVID-19 related services as specified in the Agreement and each applicable Engagement Order. 3.2 COUNTY'S RESPONSIBILITIES Except as may otherwise be specified in an Engagement Order, County shall be responsible for setting up or shutting down the operational area at the Space, including moving equipment, etc.; maintaining County or its agents' owned or provided furniture, equipment, systems, etc.; appointing a designee to administer and oversee all COVID-19 related activities performed by County or its agents and serve as a day-to-day point of contact to Grantor; treatment and removal of biohazardous waste from the premises; and provision of COVID-19 service related products, including test kits. 4.INDEMNIFICATION 4.1 COUNTY INDEMNITY To the extent allowable by law, County shall indemnify, defend, and hold harmless Grantor and its officers, employees, contractors and volunteers from and against any and all liability, loss, damage, expense, costs (including reasonable attorneys' fees) or claims for injury or property damages to the extent arising out of or in connection with County's acts and/or omissions arising from or related to this Agreement, including use of the Space by County or the Users, and 4 County's breach of the Agreement. This provision shall survive the expiration or termination of the Agreement. 4.2 GRANTOR INDEMNITY To the extent allowable by law, Grantor shall indemnify, defend, and hold harmless County, including its officers, employees, agents, contractors and volunteers, and the Users against any and all liability, loss, damage, expense, costs (including reasonable attorneys' fees) or claims for injury or property damages to the extent arising out of or in connection with Grantor's acts and/or omissions arising from or related to this Agreement, including Grantor's obligations to maintain the Space, and Grantor's breach of the Agreement. This provision shall survive the expiration or termination of the Agreement. 5.INSURANCE Each of County and Grantor, at its sole cost and expense, shall insure its activities and obligations in connection with this Agreement by obtaining, keeping in force and maintaining during the term of the Agreement a program of insurance, including self-insurance, that is comprised of all applicable and needed coverages with appropriate limits based on the scope of activities and obligations under the Agreement. Grantor hereby acknowledges that County is self-insured and consents to County's compliance with the insurance requirements under this Agreement by self-insurance. 6.INDEPENDENT STATUS This Agreement is by and between County and Grantor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association as between County and Grantor. Each of County and Grantor understands and agrees to bear the sole responsibility and liability for administering the Workers' Compensation benefits to any person deemed legally entitled to such benefits for injuries arising from or connected with this Agreement. 7.NON-DISCRIMINATION Grantor hereby assures that it shall not unlawfully discriminate, harass or allow harassment against any person, including, to the extent applicable, any employee, student or applicant, because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, denial of family care leave or based on any other prohibited basis. 8.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 Grantor expressly acknowledges and agrees that this Agreement does not require or permit access by Grantor or any of its officers, employees, contractors or agents to any information that is deemed Protected Health Information ("PHI") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Notwithstanding the foregoing, the parties acknowledge that in the course of this Agreement, Grantor or its officers, employees, contractors and/or agents may gain inadvertent access to PHI. Grantor understands and agrees that neither it, nor its officers, contractors, employees or agents, are to take advantage of such access for any purpose whatsoever. 5 Additionally, in the event of such inadvertent access, Grantor and its officers, employees, contractors and agents shall maintain the confidentiality of any information obtained and shall notify County that such access has been gained immediately, or upon the first reasonable opportunity to do so. In the event of any access, whether inadvertent or intentional, Grantor shall indemnify, defend, and hold harmless County, including its officers, employees, agents, and volunteers, from and against any and all liability, including but not limited to, actions, claims, costs, demands, expenses, and fees (including attorneys') arising from or connected with Grantor's or its officers', employees', contractors' or agents' access to PHI. Grantor agrees to inform its officers, employees, contractors and agents providing services related to the Space used by County and the Users pursuant to this Agreement regarding Grantor's obligations as described hereinabove. 9.GENERAL PROVISIONS 9.1 ASSIGNMENT Neither County nor Grantor shall assign their rights, duties or obligations under this Agreement, either in whole or in part, without the prior written consent of the other. 9.2 PUBLIC RECORDS ACT This Agreement is subject to the California Public Records Act ("PRA") under California Government Code §§ 6250, et seq. In the event that a public disclosure request is made to view records related to this Agreement, County and Grantor will review such records to determine if full or partial disclosure or exemption is legally appropriate under the PRA. Grantor understands that for purposes of the PRA, records of a confidential nature should be clearly and appropriately marked as "Confidential", "Proprietary" and/or "Trade Secret". County shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law or by an order issued by a court of competent jurisdiction. 9.3 SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of the Agreement, and the remaining provisions shall remain in full force and effect unaffected by such severance, provided that the severed provision(s) are not material to the overall purpose and operation of this Agreement. 9.4 WAIVER Waiver by either party of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies provided for herein are cumulative. 9.5 INTERPRETATION The Exhibits attached hereto and any executed Engagement Orders are incorporated herein by reference and made a part of this Agreement. In the event of any conflict or inconsistency 6 between the provisions of this base document (hereinafter "Base Agreement") and the Exhibits or any executed Engagement Orders or among Exhibits and the executed Engagement Orders, such conflict or inconsistency shall be resolved by giving precedence first to this Base Agreement, then to the Exhibits in alphabetical order and then to the executed Engagement Orders. Notwithstanding the foregoing, in the event of any conflict or inconsistency between County's or Grantor's responsibilities specified in the Agreement and any Engagement Order, the corresponding resposibilities specified in the Engagement Order shall prevail. 9.6 MODIFICATIONS AND AMENDMENTS This Agreement may be amended or modified at any time by mutual written consent of the authorized representatives of both parties. 9.7 AUTHORITY Each of County and Grantor represents and warrants that it has full power and authority to execute and fully perform its obligations under this Agreement and that each person executing this Agreement on its behalf is the duly designated agent of the party and is authorized to do so. Notwithstanding the foregoing, County acknowledges and agrees that Grantor’s approval is subject to ratification by its City Council. 9.8 APPLICABLE LAW Each of County and Grantor shall comply with all applicable federal, state and local laws, rules, regulations, ordinances, directives and guidelines as they apply to each party's activities and obligations under the Agreement. This Agreement shall be governed in all respects by the laws of the State of California. 9.9 NOTICES All notices required under this Agreement shall be deemed to have been fully given when made in writing and deposited in the United States mail or by electronic mail and addressed to the persons identified in Exhibit B (Administration of Agreement). 9.10 ENTIRE AGREEMENT The Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, and no other representations or understandings of the parties shall be binding unless executed in writing by all the parties. 9.11 EXECUTION OF AGREEMENT This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Space Use Agreement. 9.12 ELECTRONIC SIGNATURES County and Grantor agree to consider facsimile and electronic versions of original signatures of authorized personnel of each party to have the same force and effect as original signatures, such that the parties need not follow up facsimile or electronic transmissions of executed documents with original wet-signature versions. 7 IN WITNESS WHEREOF, County and Grantor by their duly authorized signatures have caused this Agreement to be effective on the Effective Date as defined above. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES By Authorized Signature Name Title GRANTOR: CITY OF VERNON By Authorized Signature Name: Carlos R. Fandino, Jr. Title: City Administrator 8 EXHIBIT A ENGAGEMENT ORDER ENGAGEMENT NO. H- 709026-1 1. SPACE SPECIFICATIONS SPACE NAME: A parking lot at Vernon City Hall. LOCATION/ADDRESS: 4305 Santa Fe Ave., Vernon, CA 90058 ENGAGEMENT DURATION: Anticipated start date: March 8, 2021 HOURS OF USE: Tuesday through Saturday from 8:00 am – 4:00 pm 2. ADMINISTRATION OF ENGAGEMENT COUNTY'S ENGAGEMENT ADMINISTRATOR NAME: Ami Shah TITLE: Senior Community Liaison Representative PHONE NUMBER: (626) 525-5538/(347) 262-6266 EMAIL: ashah3@dhs.lacounty.gov ADDRESS: 1000 S. Fremont Av., 6th Floor Alhambra, CA 91803 GRANTOR'S ENGAGEMENT ADMINISTRATOR NAME: Carlos R. Fandino, Jr. TITLE: City Administrator PHONE NUMBER: (323) 583-8811 Ext. 228 EMAIL: CFandino@ci.vernon.ca.us ADDRESS: 4305 S. Santa Fe Avenue, Vernon CA 90058 9 3. ENGAGEMENT RESPONSIBILITIES 3.1 COUNTY'S RESPONSIBILITIES In addition to other responsibilities of County and/or in lieu of responsibilities of Grantor specified in the Agreement, County will be responsible for the following for the duration of this Engagement: 1.Providing oversight of testing operations. 2. Providing County point of contact person. 3. Providing biohazard trash removal through the County’s testing partner, HELIX/VOX. 4. Providing banners and/or directional signage from the County’s testing partner, HELIX/VOX, to direct patrons to the testing site entrance and another sign stating FREE COVID TESTING. 3.2 GRANTOR'S RESPONSIBILITIES In addition to other responsibilities of Grantor and/or in lieu of responsibilities of County specified in the Agreement, Grantor will be responsible for the following during the term of this Engagement: 1. Providing venue and site access 2. Providing restroom facility for testing staff. APPROVED COUNTY OF LOS ANGELES ___________________________________ Signature – County's Project Director / Manager Julio C. Alvarado Print Name Director, Contracts and Grants Division Title Date GRANTOR ______________________________________ Signature – Grantor's Engagement Administrator Carlos R. Fandino, Jr. Print Name City Administrator Title Date 10 EXHIBIT B ADMINISTRATION OF AGREEMENT COUNTY’S ADMINISTRATION AGREEMENT NO. H-709026 COUNTY’S PROJECT DIRECTOR: Name: Julio C. Alvarado Title: Director, Contracts and Grants Division Address: 313 N. Figueroa Street, 6th Floor East, Los Angeles, CA 90012 Telephone: (213) 288-7819 Facsimile: (213) 250-2958 E-Mail Address: jalvarado@dhs.lacounty.gov *COUNTY’S PROJECT MANAGER: Name: Clemens Hong, MD Title: Director, Whole Person Care Address: 313 N. Figueroa Street, 9th Floor, Los Angeles, CA 90012 Telephone: (617) 640-3454 Facsimile: N/A E-Mail Address: chong@dhs.lacounty.gov *Notices shall be sent to County’s Project Manager, with a copy to County’s Project Director. 11 EXHIBIT B ADMINISTRATION OF AGREEMENT GRANTOR’S ADMINISTRATION AGREEMENT NO. H-709026 Facsimile: N/A GRANTOR’S ENGAGEMENT ADMINISTRATOR: Name: Carlos R. Fandino, Jr. Title: City Administrator Address: 4305 S. Santa Fe Avenue, Vernon CA 90058 Telephone: (323) 583-8811 Ext. 228 E-Mail Address: CFandino@ci.vernon.ca.us GRANTOR’S AUTHORIZED OFFICIAL: Name, title and contact information for the individual authorized to act on behalf of and bind the Grantor during the term of the Agreement. Facsimile: N/A Name: Carlos R. Fandino, Jr. Title: City Administrator Address: 4305 S. Santa Fe Avenue, Vernon, CA 90058 Telephone: (323) 583-8811 Ext. 228 E-Mail Address: CFandino@ci.vernon.ca.us NOTICES: Notices regarding the Agreement shall be sent to the following: Facsimile: N/A Name: Fredrick Agyin Title: Director of Health & Environmental Control Address: 4305 S. Santa Fe Avenue, Vernon CA 90058 Telephone: (323) 826-1448 E-Mail Address: FAgyin@ci.vernon.ca.us City Council Agenda Item Report Agenda Item No. COV-502-2021 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: March 2, 2021 SUBJECT Electric Vehicle Charging Stations Recommendation: A. Waive full reading and introduce and conduct first reading of Ordinance No. 1275 amending Chapter 26 of the Municipal Code to include electric vehicle charging; and B. Direct staff to schedule second reading and adoption for the March 16, 2021 City Council meeting. Background: Transportation is the leading cause of smog-forming pollutants and greenhouse gas emissions in California (California Air Resources Board, 2017). California’s zero emission vehicle (ZEV) infrastructure must support 1.5 million vehicles by 2025 and 5 million vehicles by 2030 (Governor Brown, 2018). Nonresidential building standards that facilitate installation of electric vehicle (EV) charging infrastructure provide a unique low-cost opportunity to reduce the barriers to clean transportation access in the workplace. California’s Green Building Standards (CALGreen) Code requires all new nonresidential buildings with 10 or more parking spaces to install EV Capable infrastructure in approximately 6% of parking spaces. EV Capable infrastructure includes raceway (the conduit or pipe that future wiring can be pulled through) and panel capacity to support future installation of a Level 2 charger on a dedicated 40-amp, 208/240-volt branch circuit. Vernon has adopted the CALGreen Code One of the main barriers to EV adoption is limited access to EV chargers (AQMD 2019). While the CALGreen Code mandates that new construction install raceway and panel capacity to support future installation of chargers, CALGreen does not require the installation of EV chargers. To ensure the installation of EV Chargers to reduce barriers to clean transportation access in the workplace and public locations, Public Works proposes that Section 26.5 of the Vernon Municipal Code (VMC) be amended to require the installation of at least one Level 2 or higher EV Charger for all events triggering Conformity with Development Standards and Site Planning Standards (Including Parking, Access, and Maneuvering as shown in VMC Table 26.5.3-3), and that 6% of all required automobile spaces in new building construction be equipped with Level 2 or higher EV Chargers. The installation of EV Chargers will reduce the barriers to clean transportation access in the workplace leading to a reduction of air pollution in Vernon and the surrounding communities. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Ordinance No. 1275 2. Chapter 26 Redline ORDINANCE NO. 1275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING TABLES 26.5.1-6(B) AND 26.5.3-3 OF ARTICLE 5 OF CHAPTER 26 OF THE VERNON MUNICIPAL CODE TO INCLUDE ELECTRIC VEHICLE CHARGING SECTION 1. Recitals. A.Transportation is the leading cause of smog-forming pollutants and greenhouse gas emissions in California (California Air Resources Board, 2017). B.California’s zero emission vehicle (ZEV) infrastructure must support 1.5 million vehicles by 2025 and 5 million vehicles by 2030. C.Nonresidential building standards that facilitate installation of electric vehicle (EV) charging infrastructure provide a unique low-cost opportunity to reduce barriers to clean transportation access in the workplace. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. Table 26.5.1-6(b), of Article 5 of Chapter 26 of the Vernon Municipal Code is hereby amended to read as follows: Table 26.5.1-6(b) Minimum Number of Required Automobile Parking Spaces (1) Use Type Required Spaces Industrial Use, Industrial Gas Manufacturing, and Recycling Facility (Including Floor Area Used for Ancillary Uses) One (1) space per 1,000 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher Electric Vehicle (EV) charger. Commercial Uses One (1) space per 250 square feet of gross Floor Area For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Incidental Uses One (1) space per 250 square feet of Floor Area of Incidental Use.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Data Centers One (1) space per 1,250 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded Ordinance No. 1275 Page 2 of 7 _______________________ up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Emergency Shelter One (1) space for each five (5) beds plus two (2) additional spaces.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Health Clubs (gyms)One (1) space per 200 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Religious Uses One (1) space for each three (3) fixed seats, or where no fixed seats are provided, one (1) space for every 35 gross square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Residential Uses Parking Determined Pursuant to Development Agreement, but no less than one (1) space for each unit.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Restaurant (Take out)Eight (8) spaces per 1,000 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Restaurant (Sit down)One (1) space per 100 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Retail (less than 25,000 square feet) and multiple tenant Retail One (1) space per 250 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Retail (25,000 square feet or greater) - Single tenant only One (1) space per 250 square feet for the first 25,000 square feet of gross Floor Area and then one (1) space per each additional 500 square feet of gross Floor Area For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Studios (dance, etc.)One (1) space per 200 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Trade Schools One (1) space per 50 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the Ordinance No. 1275 Page 3 of 7 _______________________ nearest whole number, shall be equipped with a Level 2 or higher EV charger. Truck Terminals and Freight Terminals Parking shall be provided as determined by a parking study prepared for the specific use.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Warehouse Use, General One (1) space per 1,000 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Warehouse Use, Cold Storage One (1) space per 1,000 square feet of gross Floor Area for the first 50,000 square feet, and one (1) space per 5,000 square feet of gross Floor Area above 50,000 square feet. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Note (1) Through the Conditional Use Permit and Minor Conditional Use Permit processes, the City may require additional parking for a specific use or application. SECTION 4. Table 26.5.3-3, of Article 5 of Chapter 26 of the Vernon Municipal Code is hereby amended to read as follows: Table 26.5.3-3 Right to Continue Nonconforming Uses and Buildings Required Compliance Event That Triggers Compliance Conformity with Use Requirements Conformity with Development Standards and Site Planning Standards (Including Parking, Access, and Maneuvering) Conformity with the City’s Building Code and the California Building Standards Commission Over 25% of the Building is vacant for more than Two Years [subject to tolling permitted in Section 26.5.3- 2(c)]. Uses within the portion of the Building that was vacant for over two years must be Permitted Uses Prior to the use of the portion of the Building that was vacant for over two years, the entire Lot on which the Building is located must comply with all Development Standards and Site Planning Standards in accordance Prior to the use of the portion of the Building that was vacant for over two years, the proposed use must comply with the change of Ordinance No. 1275 Page 4 of 7 _______________________ in accordance with this Chapter. with this Chapter. A minimum of one parking space shall be equipped with a Level 2 or higher EV Charger. use requirements of the Existing Structures Chapter of the City’s current Building Code and relevant sections of the California Building Standards Commission. Increase in the Floor Area of a Building per Section 26.5.3- 1(a) that does not constitute New Construction or a Major Alteration or Repair. All uses on the Lot must be Permitted Uses, Conditionally Permitted Uses, or Temporary Permitted Uses in accordance with this Chapter. The Lot must comply with all Development Standards and Site Planning Standards in accordance with this Chapter, except that the Lot does not have to comply with the Building Setback requirements in Section 26.4.1- 8(c), “Building Setback,” so long as the increase in Floor Area does not encroach into the Building Setback area. A minimum of one parking space shall be equipped with a Level 2 or higher EV Charger. New construction must comply with the City’s current Building Code and relevant sections of the California Building Standards Commission. Existing construction that is unreinforced masonry must comply with Article IX Existing Building Code of Chapter 24, “Building and Construction,” of the Code (concerning seismic requirements), and relevant sections of the California Building Standards Commission. IF THE ABOVE EVENT OCCURS, IT TAKES PRECEDENCE OVER ANY OTHER EVENT, AND THE NONCONFORMITY MUST CONFORM AS SET FORTH ABOVE. IF ONE OF THE FOLLOWING EVENTS OCCURS IN THE ABSENCE OF THE ABOVE DESCRIBED EVENT, THE NONCONFORMITY SHALL COMPLY WITH THE FOLLOWING PROVISIONS: Change of Use to a category that has greater parking, maneuvering, or loading requirement Not applicable The parking, maneuvering, and loading capacities on the Lot on which the use has changed must comply with all of the Not applicable Ordinance No. 1275 Page 5 of 7 _______________________ requirements of Section 26.5.1, “Off-Street Parking and Loading Facilities.” A minimum of one parking space shall be equipped with a Level 2 or higher EV Charger. Minor Alteration or Repair Uses permitted on the Lot on the date of the Minor Repair may continue. Not required to bring the Lot into compliance with the Development Standards or Site Planning Standards of this Ordinance New construction must comply with the City’s current Building Code and relevant section of the California Building Standards Commission. Existing construction that is unreinforced masonry must comply with Article IX Existing Building Code of Chapter 24, “Building and Construction,” of the Code (concerning seismic requirements) and relevant sections of the California Building Standards Commission New Construction or Major Alteration or Repair that is Voluntary All uses on the Lot must be Permitted Uses, Conditionally Permitted Uses, or Temporary Permitted Uses, in accordance with this Chapter. The Lot must comply with all Development Standards and Site Planning Standards in accordance with this Chapter, except that the Lot does not have to comply with the Building Setback requirements in Section 26.4.1- 8(c), “Building Setback,” so long as the New Construction does not encroach into the Building Setback area. Entire Building being constructed or altered or repaired must comply with the City’s current Building Code and relevant sections of the California Building Standards Commission Ordinance No. 1275 Page 6 of 7 _______________________ Major Alteration or Repair that is due to Force Majeure Uses permitted on the Lot on the date of the Force Majeure Event may continue If improvements have not commenced within one (1) year of the force majeure event, the Lot must comply with all Development Standards and Site Planning Standards in accordance with this Chapter, or, if none exist for such use, then as required by a Conditional Use Permit. Further, if construction commences within one (1) year of the force majeure event, then the Building may be constructed as it existed prior to the event, except that no portion of the Building shall be constructed within any Street right-of-way as shown on the Master Plan of City Streets. Entire Building being altered or repaired must comply with the City’s current Building Code and relevant sections of the California Building Standards Commission. SECTION 5. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. / / / / / / / / / / / / / / / Ordinance No. 1275 Page 7 of 7 _______________________ SECTION 7. The City Clerk shall certify the adoption and publish this ordinance as required by law. APPROVED AND ADOPTED this __ day of _____, 2021. _____________________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _________________________________ ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney Table 26.5.1-6(b) Minimum Number of Required Automobile Parking Spaces (1) Use Type Required Spaces Industrial Use, Industrial Gas Manufacturing, and Recycling Facility (Including Floor Area Used for Ancillary Uses) One (1) space per 1,000 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Commercial Uses One (1) space per 250 square feet of gross Floor Area For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Incidental Uses One (1) space per 250 square feet of Floor Area of Incidental Use.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Data Centers One (1) space per 1,250 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Emergency Shelter One (1) space for each five (5) beds plus two (2) additional spaces.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Health Clubs (gyms)One (1) space per 200 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Religious Uses One (1) space for each three (3) fixed seats, or where no fixed seats are provided, one (1) space for every 35 gross square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Residential Uses Parking Determined Pursuant to Development Agreement, but no less than one (1) space for each unit.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Restaurant (Take out)Eight (8) spaces per 1,000 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Restaurant (Sit down)One (1) space per 100 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Retail (less than 25,000 square feet) and multiple tenant Retail One (1) space per 250 square feet of gross Floor Area.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Retail (25,000 square feet or greater) - Single tenant only One (1) space per 250 square feet for the first 25,000 square feet of gross Floor Area and then one (1) space per each additional 500 square feet of gross Floor Area For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Studios (dance, etc.)One (1) space per 200 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Trade Schools One (1) space per 50 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Truck Terminals and Freight Terminals Parking shall be provided as determined by a parking study prepared for the specific use.For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Warehouse Use, General One (1) space per 1,000 square feet of gross Floor Area. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Warehouse Use, Cold Storage One (1) space per 1,000 square feet of gross Floor Area for the first 50,000 square feet, and one (1) space per 5,000 square feet of gross Floor Area above 50,000 square feet. For new building construction, six percent of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Note (1) Through the Conditional Use Permit and Minor Conditional Use Permit processes, the City may require additional parking for a specific use or application. Table 26.5.3-3 Right to Continue Nonconforming Uses and Buildings Required Compliance Event That Triggers Compliance Conformity with Use Requirements Conformity with Development Standards and Site Planning Standards (Including Parking, Access, and Maneuvering) Conformity with the City’s Building Code and the California Building Standards Commission Over 25% of the Building is vacant for more than Two Years [subject to tolling permitted in Section 26.5.3- 2(c)]. Uses within the portion of the Building that was vacant for over two years must be Permitted Uses in accordance with this Chapter. Prior to the use of the portion of the Building that was vacant for over two years, the entire Lot on which the Building is located must comply with all Development Standards and Site Planning Standards in accordance with this Chapter. A minimum of one parking space shall be equipped with a Level 2 or higher EV Charger. Prior to the use of the portion of the Building that was vacant for over two years, the proposed use must comply with the change of use requirements of the Existing Structures Chapter of the City’s current Building Code and relevant sections of the California Building Standards Commission. Increase in the Floor Area of a Building per Section 26.5.3- 1(a) that does not constitute New Construction or a Major Alteration or Repair. All uses on the Lot must be Permitted Uses, Conditionally Permitted Uses, or Temporary Permitted Uses in accordance with this Chapter. The Lot must comply with all Development Standards and Site Planning Standards in accordance with this Chapter, except that the Lot does not have to comply with the Building Setback requirements in Section 26.4.1-8(c), “Building Setback,” so long as the increase in Floor Area does not encroach into the Building Setback area. A minimum of one parking space shall be equipped with a Level 2 or higher EV Charger. New construction must comply with the City’s current Building Code and relevant sections of the California Building Standards Commission. Existing construction that is unreinforced masonry must comply with Article IX Existing Building Code of Chapter 24, “Building and Construction,” of the Code (concerning seismic requirements), and relevant sections of the California Building Standards Commission. IF THE ABOVE EVENT OCCURS, IT TAKES PRECEDENCE OVER ANY OTHER EVENT, AND THE NONCONFORMITY MUST CONFORM AS SET FORTH ABOVE. IF ONE OF THE FOLLOWING EVENTS OCCURS IN THE ABSENCE OF THE ABOVE DESCRIBED EVENT, THE NONCONFORMITY SHALL COMPLY WITH THE FOLLOWING PROVISIONS: Change of Useto a category that has greater parking, maneuvering, or loading requirement Not applicable The parking, maneuvering, and loading capacities on the Lot on which the use has changed must comply with all of the requirements of Section 26.5.1, “Off- Street Parkingand Loading Facilities.” A minimum of one parking space shall be equipped with a Level 2 or higher EV Charger. Not applicable Minor Alteration or Repair Uses permitted on the Lot on the date of the Minor Repair may continue. Not required to bring the Lot into compliance with the Development Standards or Site Planning Standards of this Ordinance New construction must comply with the City’s current Building Code and relevant section of the California Building Standards Commission. Existing construction that is unreinforced masonry must comply with Article IX Existing Building Code of Chapter 24, “Building and Construction,” of the Code (concerning seismic requirements) and relevant sections of the California Building Standards Commission New Construction or Major Alteration or Repair that is Voluntary All uses on the Lot must be Permitted Uses, Conditionally Permitted Uses, or Temporary Permitted Uses, in accordance with this Chapter. The Lot must comply with all Development Standards and Site Planning Standards in accordance with this Chapter, except that the Lot does not have to comply with the Building Setback requirements in Section 26.4.1-8(c), “Building Setback,” so long as the New Construction does not encroach into the Building Setback area. Entire Building being constructed or altered or repaired must comply with the City’s current Building Code and relevant sections of the California Building Standards Commission Major Alteration or Repair that is due to Force Majeure Uses permitted on the Lot on the date of the Force Majeure Event may continue If improvements have not commenced within one (1) year of the force majeure event, the Lot must comply with all Development Standards and Site Planning Standards in accordance with this Chapter, or, if none exist for such use, then as required by a Conditional Use Permit. Further, if construction commences within one (1) year of the force majeure event, then the Building may be constructed as it existed prior to the event, except that no portion of the Building shall be constructed within any Street right- of-way as shown on the Master Plan of City Streets. Entire Building being altered or repaired must comply with the City’s current Building Code and relevant sections of the California Building Standards Commission. City Council Agenda Item Report Agenda Item No. COV-509-2021 Submitted by: Mark Aumentado Submitting Department: Public Utilities Meeting Date: March 2, 2021 SUBJECT Construction Contract to Capital Industrial Coatings, LLC for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 Project Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15301(d), because the project consists of the maintenance and repair of existing potable water storage reservoirs to meet current public health and safety standards, and involves negligible or no expansion of an existing use; B. Accept the bid from Capital Industrial Coatings, LLC as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a Construction Contract with Capital Industrial Coatings, LLC in substantially the same form as attached herewith, in an amount not to exceed $1,747,100.00 for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3; and D. Authorize a contingency amount of $175,000.00 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. Background: Reservoirs 3-1, 3-2, and 3-3 were originally designed and constructed in the 1950’s. These reservoirs together provide three million gallons of the City’s 16.75 million gallons of storage capacity. On March 4-5, 2020, the State Water Resources Control Board (SWRCB) conducted an inspection of Vernon Public Utilities (VPU) water facilities, including groundwater wells, reservoirs, and booster plants. The Inspection Report dated August 12, 2020 indicated minor deficiencies in the reservoirs that should be corrected during planned reservoir rehabilitation projects indicated in the Water Division bond-funded 3-year Capital Improvement Plan (CIP). Subsequently, VPU began planning and developing the Rehabilitation of Reservoir 3-1, 3-2, and 3-3 (Project). The Project primarily consists of removal of the existing interior and exterior reservoir paintings and coatings, installation of a new three-stage epoxy interior coating and painting of the exterior. Reservoir 3-1, 3-2, and 3-3 were last coated in 1990, 1991, and 1989, respectively. Agencies can typically expect 25 years in between coatings, therefore, it is important to prioritize this Project as the previous coating has surpassed the expected useful life. Additionally, the scope of work provides for minor modifications and repairs to the reservoir structures for current health and safety compliance as well as provisions for mixing equipment and a mobile free chlorine boosting system which will enable VPU to better manage the chlorine residuals within these three reservoirs. Chlorine residuals are important in the storage and distribution of potable water, as these residuals are available in the water to disinfect any pathogens such as bacteria or viruses. On December 30, 2020, VPU advertised the Request for Bids (RFB) for the Project. The RFB was posted on the City’s Planetbids website and published in the local newspaper. VPU utilized the template Request for Bids, Bid Form, Instruction to Bidders and Contract previously approved by City Council. The bids for the Project were received and opened on the January 21, 2021 Bid Deadline. The calculated results are as follows: 1.Capital Industrial Coatings, LLC - $1,747,100.00 2.Advanced Industrial Services, Inc. - $1,788,900.00 3.AMP United, LLC - $1,811,200.00 4.J. Colon Coatings, Inc. - $1,875,300.00 5.Paso Robles Tank, Inc. - $1,933,797.00 6.Cal Sierra Construction Inc. - $2,596,365.00 7.Abhe & Svoboda, Inc. - $3,988,500.00 VPU Water Division staff evaluated the bids and deemed that the bid received from Capital Industrial Coatings, LLC is the lowest responsive and responsible bid. Based on staff’s bid evaluation and reference checks, City staff recommends the award of the proposed construction contract to Capital Industrial Coatings, LLC. The proposed Construction Contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: The fiscal impact of the Project is $1,747,100.00, plus the contingency amount of $175,000.00, for a not-to-exceed amount of $1,922,100.00. At approximately ten percent of the total contract amount, the contingency will allow for unexpected changes in conditions. This contingency amount is typical for the size and scope of this project. The Project is included in the Water System Revenue Bonds, 2020 Series A and will be funded with bond proceeds. Attachments: 1. Proposed Construction Contract with Capital Industrial Coatings, LLC for Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 Page 1 of 112 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 Capital Industrial Coatings, LLC., an Illinois corporation (hereinafter "Contractor"), for construction of Rehabilitation of Reservoirs 3-1, 3-2, and 3-3. 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 a. Exhibit 1A – Performance Bond b. Exhibit 2A – Payment Bond c. Exhibit 3A – Maintenance Bond d. Exhibit 4A – Insurance Requirement e. Exhibit 5A – Statement to Comply with Minimum Requirement of the Stormwater Permit f. Exhibit 6A – Statement to Comply with Minimum Requirement of the California Covid-19 Industry Guidance: Construction D. Exhibit B – Special Provisions Specific for this Project E. Exhibit C – Equal Employment Opportunity Practices Provisions F. Exhibit D – Schedule of Work Items G. Notice Inviting Bids; H. Instructions to Bidders; I. Bid Forms; Page 2 of 112 J. Designation of Subcontractors; and K. 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. Not in Use 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: Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 Contract No. LP-0584 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within two hundred ninety (290) 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 five hundred Page 3 of 112 dollars ($500.00) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: _________. 5. CONTRACT SUM In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of one million, seven hundred forty-seven thousand one hundred dollars/no cents ($1,747,100.00), payable as set forth in the General Conditions (“Contract Sum”). 6. PERMIT FEE REIMBURSEMENT In accordance with Paragraph 1.03 of the General Conditions, the City shall reimburse Contractor for the documented actual direct cost of Permit Fees, without Allowable Mark-up, in addition to payment of the Contract Sum. IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ___________________, California. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ Page 4 of 112 Capital Industrial Coatings, LLC.: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ 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 5 of 112 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 6 of 112 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 7 of 112 R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. T. Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except Saturdays, Sundays and City-recognized legal holidays. City Holidays are as follows: 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The General Manager of Vernon Public Utilities of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, “Work Directive.” Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. Page 8 of 112 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. The actual direct costs paid by Contractor for Governmental Approvals and Utility Fees. HH. Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract Sum to compensate Contractor for the actual direct cost of all Permit Fees. II. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to 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 9 of 112 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. Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for, obtain, and pay for all permits including, but not limited to, building or structure permits, plumbing system permits, mechanical system permits, electrical system permits, structural system permits, demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer, gutter, crosswalk, paving or other street work grading permits, street/utility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to demolish, remove, or make major alterations to any designated historic resource; inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and Utility Fees not listed in the Notice Inviting Bids. B. The City will reimburse Contractor monthly for the documented actual direct cost paid to governmental agencies or utilities for all Permit Fees according to the payment provisions of the Contract Documents after submission to the City of the Contractor’s and/or Subcontractors’ original receipts from the governmental entities or utilities (“Permit Fee Reimbursement”). Contractor shall deliver the original Page 10 of 112 receipt to the City’s Project Manager with each permit. All Permit Fees shall be separately itemized in each Application for Payment and copies of the receipt(s) and permit(s) must be attached. The Base Bid sum / Contract Sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. 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. 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 Page 11 of 112 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. 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. Page 12 of 112 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 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 Page 13 of 112 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. 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. Page 14 of 112 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. 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 15 of 112 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 16 of 112 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: Capital Industrial Coatings, LLC. 17792 Metzler Lane Unit A Huntington Beach, CA 92647 Attention: Shawn Claypool Phone: 714-916-4415 Facsimile: 714-596-0196 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 Vernon Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Aumentado Phone: (323) 583 8811 Ext. 309 Facsimile: E-mail: maumentado@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. 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 17 of 112 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 18 of 112 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 19 of 112 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 20 of 112 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 21 of 112 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 22 of 112 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 23 of 112 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 24 of 112 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 (W atering), 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 25 of 112 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 A5). 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 26 of 112 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 27 of 112 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 28 of 112 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 ……………………………………………………… (323) 262-2111 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available, then the Contractor shall immediately call: Mark Aumentado …………………………………………………………….………… (323) 855-1087 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 29 of 112 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. Page 30 of 112 SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: ______________________________ Specification No. ___________ Type of Material (a) Disposed in Class III Landfills (b) Diverted from Class III Landfills by Recycling (c) [Leave This Column Blank] (d) Disposed in Inert Fills Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete Metal Other Segregated Materials (Describe): Miscellaneous Construction Waste Total Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. [END OF ARTICLE] Page 31 of 112 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 two hundred-ninety (290) 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 32 of 112 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 33 of 112 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 34 of 112 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 five hundred dollars ($500) per day, with respect to Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor’s failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] Page 35 of 112 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 36 of 112 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 no 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 0 weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor’s projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly Page 37 of 112 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 38 of 112 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 39 of 112 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 40 of 112 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 41 of 112 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 42 of 112 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 43 of 112 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 44 of 112 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 45 of 112 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 46 of 112 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 47 of 112 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 48 of 112 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 33% Materials 15% Equipment Rental 15% Other Items and Expenditures 15% 2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a Subcontractor, the markup provided for the 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 49 of 112 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 50 of 112 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 51 of 112 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 52 of 112 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 53 of 112 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 54 of 112 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 55 of 112 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 56 of 112 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 57 of 112 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 58 of 112 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 59 of 112 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 60 of 112 "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 61 of 112 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 62 of 112 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 63 of 112 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 64 of 112 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 65 of 112 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 66 of 112 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 67 of 112 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 68 of 112 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 69 of 112 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 70 of 112 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 71 of 112 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 72 of 112 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 73 of 112 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager’s name and business phone number and the construction inspector’s name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171, at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the LA County 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) 262-2111 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. Page 74 of 112 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 75 of 112 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 76 of 112 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 77 of 112 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 A4 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 A4 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 78 of 112 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 "A1" 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 "A2" 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 "A3" 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 79 of 112 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 80 of 112 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 81 of 112 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 82 of 112 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 83 of 112 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 84 of 112 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 85 of 112 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 86 of 112 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 87 of 112 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 88 of 112 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 89 of 112 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 90 of 112 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 91 of 112 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 92 of 112 EXHIBIT A1 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 93 of 112 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 DUPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By General Manager of Public Utilities Interim City Attorney Abraham Alemu Arnold M. Alvarez-Glasman CORPORATE SEAL CORPORATE SEAL Page 94 of 112 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 95 of 112 EXHIBIT A2 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 96 of 112 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 DUPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By General Manager of Public Utilities Interim City Attorney Abraham Alemu Arnold M. Alvarez-Glasman CORPORATE SEAL CORPORATE SEAL Page 97 of 112 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 98 of 112 EXHIBIT A3 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 ten percent (10%) of 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 99 of 112 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 DUPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By General Manager of Public Utilities Interim City Attorney Abraham Alemu Arnold M. Alvarez-Glasman CORPORATE SEAL CORPORATE SEAL Page 100 of 112 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 101 of 112 EXHIBIT A4 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 102 of 112 years after recordation of Notice of Completion) (e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) - REQUIRED FOR THIS PROJECT 1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured. 2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operations.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. 4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its Page 103 of 112 officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder’s Risk Insurance - NOT REQUIRED FOR THIS PROJECT 1. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements: 1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); 2. Domiciled within, and organized under the laws of, a State of the United States; and 3. Carry an A.M. Best & Company minimum rating of “A:VII”. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. Page 104 of 112 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 105 of 112 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 106 of 112 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 107 of 112 EXHIBIT A5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON VERNON PUBLIC UTILITIES Construction Stormwater Program Permit Number: Date: Applicant: Phone: Project Address: Property Owner: Contractor: Contractor’s Address: The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that:  Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters.  Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites.  Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable.  Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. Page 108 of 112 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 109 of 112 EXHIBIT A6 Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction CITY OF VERNON VERNON PUBLIC UTILITIES Project Address: Property Owner: Contractor: Contractor’s Address: The latest COVID-19 industry guidelines can be accessed at the following web address: https://www.dir.ca.gov/dosh/coronavirus/Guidance-by-Industry.html This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing safety and health-related regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to public health guidance and state/local orders, as the COVID-19 situation continues. Cal/OSHA has more safety and health guidance on their Cal/OSHA COVID-19 Infection Prevention for Construction 2 Employers and Workers webpage. CDC has additional guidance for businesses and employers. I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Date:___________________ Print Name: Title: Page 110 of 112 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT Page 1 of 6 EXHIBIT B SPECIAL PROVISIONS – SPECIFIC FOR THIS PROJECT 1.0 GENERAL B-1.01 Purpose and Scope The purpose of this document is to provide detailed technical specifications for the rehabilitation and repairs of three 1-MG above ground steel reservoirs which are owned and operated by the City of Vernon Public Utilities Department, hereinafter referred to as the “City”. Reservoirs 3-1, 3-2, and 3-3 are located at Pumping Plant 3 at 3381 Fruitland Avenue in Vernon, CA. The contractor shall furnish all labor, materials, equipment, services, and specialized skills to perform all Work involved in the Project. The Work in the Schedule of Bid Prices is defined in the Technical Provisions and the Project Drawings, if so provided, and will generally include the following: Application of protective coatings to interior surfaces and paint to exterior surface, including surface preparation, handling of hazardous and nonhazardous materials/wastes, disinfection of interior surfaces, and modifications of miscellaneous structural items to bring the structures into compliance with current safety and health codes, standards and regulations and other work necessary to accomplish the approved end result of totally protected and usable structures, including attachments, accessories, and appurtenances. Removal of existing interior and exterior coating surfaces of above ground steel reservoirs. Additional equipment and accessories include but not limited to new reservoir mixing units and mobile chlorine boosting system. Work shall be performed on each tank one at a time. At least one tank must remain in operational service at all times during the duration of the project. B-1.02 Permits and Applicable Laws At Contractor’s own expense, Contractor shall procure all necessary permits, certificates, and licenses required of Contractor by law for execution of the Work. Contractor shall comply with all federal, state, and local laws, ordinances, and rules and regulations relating to the performance of the Work. The contractor shall be required to abide by any and all applicable permits and laws from regulatory and governmental agencies at all times during execution of the Work and, specifically, for discharge of water during the various testing phases, including all requirements of the Regional Water Quality Control Board and the City’s National Pollutant Discharge Elimination System (NPDES) Permit. All equipment used by the contractor and its subcontractors during the execution of the Work shall be appropriately permitted and/or registered with the California Air Resources Board (CARB) and the South Coast Air Quality Management District (SCAQMD). Upon request, proof of these requirements shall be submitted to the City’s representative(s). B-1.03 Boundary of Work Reservoirs 3-1, 3-2, and 3-3 are located at Pumping Plant 3 at 3381 Fruitland Avenue in Vernon, CA. The sites are accessible through a passcode-protected security gate. During construction Page 2 of 6 hours, the contractor will be granted access to the well site. Other contractors, employees and/or agents of the City may, for any reason and at any time, enter upon the project site. B-1.04 Protection of Site, Disposal and Control of Waste Water Work activities shall be conducted in such a way as to prevent the introduction of pollutants to the ground surface or off-site drainages during the Work. Accordingly, any equipment and/or materials brought to the project site must be managed in accordance with the following procedures: a) Drip pans and/or plastic sheeting that is bermed must be used under all stationary equipment to catch leaks and residual material in hoses and spigots. The plastic sheeting and/or drip pans must be inspected by Contractor daily and emptied or replaced as needed by reusing the substance or disposing of it properly at the contractor’s expense. b) Spilled hazardous materials must be contained immediately, in accordance with all laws and regulations, using sand, dirt, and/or other absorbent materials. Such spills must be cleaned up promptly along with the containing materials/agents and must be disposed of properly at the contractor’s expense. c) Outdoor storage of all fuels, oils, solvents, cleaners, and other liquid materials shall be stored with secondary containment. Such areas should be covered, as necessary, to prevent storm water accumulation in the containment. d) Bentonite, cement, and any other powdered products shall be stored on pallets and away from all drainage paths. The storage area should be covered and protected, if necessary, to prevent pollution runoff by wind or storm water. e) Chemicals, bagged material, and drums shall be stored on pallets with secondary containment. Waste Products generated during the Work must be managed in accordance with the following procedures: a) Containerized waste must not be allowed to overflow. Any waste that requires storage in containers shall be removed from the project area on a regular basis and disposed of at an approved facility at the contractor’s expense. b) Cleaning of the pump hoist, tremie pipe, and any other equipment shall be conducted within a fully contained area and within the area of the well site only. Any deviation must be approved by the City in advance. c) All waste products must be removed from the project area prior to completion of the Work. The contractor shall protect-in-place all pipelines, trees, landscaping, curbs, and all other existing improvements located within the public right-of-way throughout the duration of the Work. The contractor shall use Best Management Practices (BMPs) for the protection of the well site during the Work and shall take whatever measures necessary to ensure that Contractor’s activities do not impact surrounding areas. Disposal of all waste materials shall be conducted by such manner and transported to such locations that nuisance or damage to the environment, structures, roads, utilities, and interference Page 3 of 6 with other construction projects will be prevented. The discharge location of waste water shall be provided and approved by the City. All costs incurred in the disposal of wastewater and removal of solid materials shall be at the contractor’s expense. All costs involved with temporary containment, conveyance, and monitoring of fluids generated during testing shall be at the contractor’s expense. B-1.04.1 Erosion Control If necessary, the Contractor shall install erosion control measures and devices to prevent worksite storm runoff and/or fluids from leaving the site. Under no circumstances shall water from any source related to the Work or storm runoff be allowed to leave the site other than through proper disposal under the NPDES discharge permit. At the end of the Work, the Contractor shall properly dispose of all erosion control devices, if any, at an appropriate location. B-1.04.2 Control of Discharged Waters The contractor shall provide all pipeline, facilities, and appurtenances for discharging pumped water from the well site. The contractor shall conform to all waste discharge requirements imposed on the City by the California Regional Water Quality Control Board, Los Angeles Region and per the NPDES Permit. All actions necessary to conform to these requirements shall be performed by the contractor as a part of the construction contract, and all expenses thereof shall be considered to be included within the various bid items. The City shall be notified five days prior to commencement of any work requiring the discharge of well water in excess of 100,000 gallons. The contractor shall connect all necessary temporary piping from the well to the catch basin for disposal of the development and testing water. The contractor shall obtain approval from the City’s project engineer, hereinafter referred to as “Engineer,” before proceeding with any alternative water discharge methods. It is the contractor’s responsibility to obtain all permits and meet all requirements necessary. The contractor shall be responsible for all costs related to water discharge and no additional compensation shall be paid to Contractor for any alternative water discharge methods. B-1.05 Site Security The contractor shall make adequate provisions for the protection of the work area and the well against fire, theft, and vandalism as well as for the protection of the public against exposure to injury. The contractor shall bear the responsibility for protection of equipment and material on the worksite. During nighttime hours, weekends, holidays, and all other times when no work is being performed at the site, the contractor may wish to provide temporary enclosures and/or security services to protect the site for the contractor’s own benefit and at Contractor’s own expense. B-1.06 Temporary Water Meter If necessary, the contractor shall obtain a temporary water meter from the City of Vernon Water Division by first contacting the Water Superintendent and then placing a deposit of $800.00 with the Customer Service Department. The contractor shall pay for all water used. All water shall be metered and carefully conserved. An allowance for the direct cost of water usage has been Page 4 of 6 identified. Contractor must provide proof of payment to be compensated for water used. No markup will be allowed. The contractor shall not relocate the temporary meter service. If Contractor needs to relocate the temporary meter service, Contractor shall call the City of Vernon Water Division to relocate the service and will be charged a $50.00 relocation fee. B-1.07 Safety of Personnel and Field Equipment The contractor shall ensure that its personnel are properly trained in the handling, use, and storage of hazardous materials (e.g., oxidizers and acids), and shall have proper safety equipment (in addition to basic personal protective equipment) on the worksite at all times when handling hazardous materials. The following safety measures shall be implemented by Contractor personnel at all times. All work shall take place with adequate ventilation. All workers shall be required to wash with soap and water after handling chemicals and prior to eating, drinking, smoking, or using sanitary facilities. The contractor shall ensure adequate water supply onsite at all times to flush skin and eyes in case of accidental chemical spills. Required onsite safety equipment/supplies shall consist of, but is not limited to, the following: a) Hard hat, b) Water resistant steel-toed boots, c) Impact resistant safety goggles, d) Safety vest, e) Gloves, f) Tyvek suits and respirators with acid and VOC cartridges (as required), and g) Emergency eye-wash station (as required). B-2.01 Rehabilitation of Reservoir 3-1, 3-2, and 3-3 Technical Specifications and Plans for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 can be found in Attachment 1. B-3.01 Reservoir Mixer and Chloramine Boosting System Specifications for the Reservoir Mixers and Chloramine Boosting System can be found in Attachment 2. Page 5 of 6 Attachment 1 Technical Plans and Specifications for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 CITY OF VERNON TECHNICAL SPECIFICATIONS FOR THE REHABILITATION OF RESERVOIRS 3-1, 3-2, AND 3-3 DECEMBER 2020 Mr. Mark Aumentado City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 CITY OF VERNON RESERVOIRS 3-l. 3-2, AND 3-3 SECTION INDEX SECTION 01000 SUMMARY OF WORK 09800 RESERVOIR COATING AND PAINTING SPECIFICATION 13200 MISCELLANEOUS STRUCTURAL MODIFICATIONS SPECIFICATION 16641 CATHODIC PROTECTION BY GALVANIC ANODES SECTION 01000 -SUMMARY OF WORK PART 1 -GENERAL 1.1 WORK UNDER THIS CONTRACT A. The Contractor shall furnish all labor, equipment, and materials as required by these specifications for the following reservoirs. (The dimensions are approximate only and shall be field verified by the Contractor prior to bidding.) Reservoir Size Dimensions 1. Reservoir 3-1 1.0 MG 76 ft. Dia. x 30 ft . Ht. 2. Reservoir 3-2 1.0 MG 76 ft. Dia. x 30 ft . Ht. 3. Reservoir 3-3 1.0 MG 76 ft. Dia. x 30 ft . Ht. B. Work to be performed includes application of protective coatings to interior surfaces and paint to exterior surfaces, including surface preparation, handling of hazardous and nonhazardous materials/wastes, disinfection of interior surfaces, and modification of miscellaneous structural items to bring the structures into compliance with current safety and health codes, standards and regulations and other work necessary to accomplish the approved end result of totally protected and usable structures, including attachments, accessories, and appurtenances. The following items are required, except as otherwise noted, generally as follows: RESERVOIR 3-1, 3-2, & 3-3 ITEMS 1. Coal tar enamel present on the lower 8 ft. of the shell and bottom surfaces shall be removed by pneumatic-mechanical chipping method prior to abrasive blasting. 2. Remove all interior coatings by abrasive blast cleaning. a. The topside of the existing rafters shall be blasted and coated in accordance with the specifications. b. The topside of the new rafters shall be blasted and coated in accordance with the specifications prior to installation. 3. Apply athree-coat epoxy coating system to all interior surfaces above the bottom. 4. Electrically detect epoxy coating system noted in 3. above and repair as required. 5. Apply a 100% solids epoxy coating system to all interior bottom surfaces and lower 2 feet of the shell and columns. 6. Electrically detect 100% solids epoxy coating system and repair as required. 7. Cure interior epoxy coating as specified herein. 8. Test, handle and dispose of hazardous and nonhazardous coating wastes in Harper &Associates Engineering, Inc. Section 01000 - 1 December 2020 —Res 3-1, 3-2, 3-3 conformance to all regulations. 9. Apply a flexible sealant to all roof lap seams and inaccessible voids, as designated by the Engineer. 10. Wash down interior surfaces and disinfect complete interior. 11. Remove all paint from exterior roof, shell , piping, and appurtenances by abrasive blast cleaning or other approved method. 12. Apply specified primer to all exterior surfaces of the reservoir noted in 11. above. 13. Apply intermediate and finish coats of paint to complete exterior surfaces, piping, and appurtenances of the reservoir noted in 12. above. 14. Test, handle and dispose of hazardous and nonhazardous wastes generated from exterior painting operations in conformance to all regulations. 15. Remove existing center vent and roof plates as determined necessary by the Engineer and fabricate and install a new 48-inch diameter center vent, including reinforcing plate, fiberglass cover, and roof plates as needed. 16. Remove and dispose of the existing guardrail diagonal supports and furnish and install new guardrailing returns with kickplates at the roof hatch/work areas and catwalks, in accordance with the plans. 17. Furnish and install a new secondary roof hatch with a 1-inch diameter coupling in the hatch curb at the location designated by the Engineer, in accordance with the plans. The new roof hatch shall be 5' from the edge of the roof. 18. Furnish and install new ladder safety system on the interior ladders. a. The existing ladder safety system on Reservoir 3-3 shall be removed and disposed of prior to coating. 19. Furnish and install a new fall restraint cable system, in accordance with the plans. 20. Remove and dispose of the existing overflow pipe and furnish and install a new overflow pipe, shell nozzle, pipe brackets, and passive check valve. 21. Remove and dispose of liquid level indicator assembly and piping. Furnish and weld plates over the openings in the roof. 22. Remove asphalt between the concrete grade band and reservoir bottom plate extension. Remove gravel and dirt within the concrete grade band of the reservoir a minimum of 6 inches below the bottom plate extension and place new clean gravel within the concrete grade band up to the bottom plate extension. 23. Furnish and install a new mixing and chemical feed system, including four (4) each 1" nozzles and ball valves, control panel box, conduit, unistruts, copper pipe, and roof hatch coupling, in accordance with the plans and specifications. Harper &Associates Engineering, Inc. Section 01000 - 2 December 2020 —Res 3-1, 3-2, 3-3 24. Furnish and install a new 1" nozzle and bal l valve at location designated by the City. 25. Furnish and install a new galvanic anode cathodic protection system. RESERVOIR 3-1 ITEMS 26. Remove and reinstall the existing interior ladder to provide 30" head clearance within the roof hatch. RESERVOIR 3-1 OPTIONAL ITEMS 27. Provide dehumidification system for interior work, including curing the coating, as determined necessary by the City. 28. Fil l or weld plates over excessively pitted or corroded areas, as determined necessary by the Engineer. 29. Excessively corroded areas on the rafters and/or girder flanges that comprise of sharp edges from sandblasting shall be ground smooth and rounded, as determined necessary by the Engineer. 30. Furnish all labor, materials, and equipment to abrasively blast clean severely corroded areas, as determined necessary by the Engineer. RESERVOIR 3-2 ITEMS 31. Remove and dispose of the existing roof hatch and furnish and install a new roof hatch, in accordance with the plans. RESERVOIR 3-2 OPTIONAL ITEMS 32. Provide dehumidification system for interior work, including curing the coating, as determined necessary by the City. 33. Fill or weld plates over excessively pitted or corroded areas, as determined necessary by the Engineer. 34. Excessively corroded areas on the rafters and/or girder flanges that comprise of sharp edges from sandblasting shall be ground smooth and rounded, as determined necessary by the Engineer. 35. Furnish all labor, materials, and equipment to abrasively blast clean severely corroded areas, as determined necessary by the Engineer. 36. Remove existing catwalk diamond plate and furnish and install new diamond plate. RESERVOIR 3-3 ITEMS 37. Remove top rung from the interior ladder. Harper &Associates Engineering, Inc. Section 01000 - 3 December 2020 —Res 3-1, 3-2, 3-3 RESERVOIR 3-3 OPTIONAL ITEMS 38. Provide dehumidification system for interior work, including curing the coating, as determined necessary by the City. 39. Fil l or weld plates over excessively pitted or corroded areas, as determined necessary by the Engineer. 40. Excessively corroded areas on the rafters and/or girder flanges that comprise of sharp edges from sandblasting shall be ground smooth and rounded, as determined necessary by the Engineer. 41. Furnish all labor, materials, and equipment to abrasively blast clean severely corroded areas, as determined necessary by the Engineer. 42. Remove and replace 5 ft . section of severely corroded rafters, as determined necessary by the Engineer. 43. Remove existing catwalk diamond plate and furnish and install new diamond plate. C. Surfaces not to be painted include fencing, concrete surfaces, liquid level indicator accessories, glass, plastic, nameplates, communication equipment, intrusion switches, and other surfaces on which coatings or paint would not adhere or would interfere with operation of specific item. D. If severely corroded or damaged areas are discovered during the course of abrasive blast cleaning operations, the Contractor shall notify the Engineer or authorized representative. Welding and repair of severely corroded areas of reservoir and other mechanical repairs may be required during project. The Contractor shall allow the City access to make reservoir repairs while the existing coatings or paints are being removed. 2. A time extension will be issued should structural repairs preclude abrasive blast cleaning and/or coating or paint application. Preparation work shal l continue while reservoir repairs are being made. The time extension will assume the Contractor wi ll be able to re-mobilize and begin coating and painting within two weeks of notification. No additional time will be granted to permit the Contractor to complete other projects prior to this project. 1.2 REFERENCE SPECIFICATIONS AND STANDARDS A. Without limiting the general aspects or other requirements of this specification, work and equipment shall conform to applicable requirements of municipal , state and federal codes, laws and ordinances governing the work, manufacturer's printed instructions, subject to Engineer's approval . B. The Engineer's decision shall be final as to interpretation and/or conflict between any of the referenced codes, laws, ordinances, specifications and standards contained herein. Harper &Associates Engineering, Inc. Section 01000 - 4 December 2020 —Res 3-1, 3-2, 3-3 1.3 DEFINITIONS A. The following pairs of words shall be considered identical in meaning and may be used interchangeably: "City" and "Owner"; "General Conditions" and "General Provisions"; "Drawings" and "Plans"; "Standard Drawings" and "Standard Plans". B. The City referred to in these specifications is City of Vernon. Engineer shall be person or persons as designated by the City. C. The definition of the word "Engineer" contained herein is: The person authorized by the City to oversee the execution of the contract, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority delegated to him. 1.4 HOURS OF WORK A. The Contractor's activities shall be confined to an eight-hour shift between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, excluding City-designated holidays. Deviation from these hours will not be permitted without the prior consent of the City, except in emergencies involving immediate hazard to persons or property. B. In the event of either a requested or emergency deviation, inspection service fees for City personnel and any third-party inspector will be charged against the Contractor. The service fees will be calculated at full overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. Charges will be made for any change to extraordinary work hours, including standby time due to late crew arrival or "no-show" by crew. C. Inspection hours made necessary as a result of the Contractor's crew working over forty hours per week must be scheduled and approved by City and paid for by Contractor at the prevailing rate for overtime. Inspections requested by or made necessary as a result of actions by the Contractor on Saturdays, Sundays or holidays must be scheduled and approved by City and paid for by Contractor at the prevailing rate for overtime or holiday work. D. Contractor shall perform all modifications, interior surface preparation and coating application utilizing a minimum of two (2) blast nozzles per shift, working a minimum of one (1) eight (8) hour shift per day, for duration of all interior work. 1.5 COMPLETION OF WORK All work shall be completed within the number of calendar days consistent with the Contract Period noted in the Contract Documents. If work is not completed within the number of calendar days specified, Contractor shall bear all additional expenses incurred after contract completion schedule. 1.6 EXTRA WORK A. The City may, as the need arises, order changes in work through additions, deletions, or modifications, without invalidating the Contract. Such changes will be affected through written change orders delivered to the Contractor describing the change required in the work, together with any adjustment in contract price or time of completion as hereinafter Harper &Associates Engineering, Inc. Section 01000 - 5 December 2020 —Res 3-1, 3-2, 3-3 provided. No such change shall constitute the basis of claims for damages or anticipated profits; however, the Engineer will make reasonable allowance for the value of any work, materials, or equipment furnished and subsequently rendered useless because of such change. Any adjustment in Contract price resulting from a change order will be considered in computing subsequent monthly payments due the Contractor. Any work performed in accordance with a change order shall be subject to all provisions of the original Contract, and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract. The Contractor will not receive payment for extra work performed unless said extra work is ordered in writing. B. Any adjustment in contract price shall be based on unit price bid items or additive and deductive bid items submitted by the Contractor in his original bid on the work where such bid items are applicable, or time and material rates established at the Pre-Construction Conference. 1.7 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of surface preparation, application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and acceptable professional standards and are approved by the Engineer. B. All materials furnished and all work accomplished under the Contract shall be subject to inspection by the Engineer. The Contractor shall be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and diligent execution of the Contract. C. Work accomplished in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the City and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer or Inspector, shall, upon order of the Engineer, be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of accomplishing all the work and furnishing al l the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the Engineer. D. Except as otherwise provided herein, the cost of inspection will be paid by the City. E. The Engineer will make, or have made, such tests as he deems necessary to ensure the work is being accompl ished in accordance with the requirements of the Contract. Unless otherwise specified in the Special Conditions, the cost of such testing will be borne by the City. In the event such tests reveal noncompliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Engineer, as wel l as the cost of subsequent retesting and re-inspection. It is understood and agreed the making of tests shall not constitute an acceptance of any portion of the work, nor relieve the Contractor from compliance with the terms of the Contract. F. Warranty Inspection: Warranty inspection shall be conducted between the eleventh and sixteenth months following completion of all work and filing of the Notice of Acceptance. Harper &Associates Engineering, Inc. Section 01000 - 6 December 2020 —Res 3-1, 3-2, 3-3 The draining of the reservoirs wil l be accomplished when there will be minimum inconvenience to the City. All personnel present at the Pre-Construction Conference should be present at this inspection. All defective work shall be repaired in strict accordance with this specification and to the satisfaction of the Engineer. Notification: The City shall establish the date for the inspection and shall notify the Contractor at least 30 days in advance. The City will drain the reservoir and Contractor shall provide, at his own expense, suitable lighting, scaffolding and ventilation for the inspection. At the City's option, warranty inspection for interior surfaces may be accomplished by diving operations with reservoir in service. 2. Interior Inspection: The entire interior coating systems shall be visually inspected as specified in 1.7 QUALITY ASSURANCE. All defective coating as well as damaged or rusting spots of the reservoir shall be satisfactorily repaired by and at the sole expense of the Contractor. All repaired areas shall then be electrically tested as specified in the above-mentioned section and repair/electrical testing procedure repeated until surface is acceptable to the Engineer. 3. Exterior Inspection: The entire exterior paint systems shall be visually inspected as specified in 1.7 QUALITY ASSURANCE. All defective paint as well as damaged or rusting spots of the reservoir shall be satisfactorily repaired by and at the sole expense of the Contractor. All repaired areas shall then be again inspected as specified in the above-mentioned section and repair procedure repeated until surface is acceptable to the Engineer. 4. Structural Inspection: The entire work shall be visually inspected as specified. All defective work shall be satisfactorily repaired by and at the sole expense of the Contractor. 5. Inspection Report: The Engineer shall prepare an inspection report covering the first anniversary inspection, setting forth the number and type of, defects observed, failures observed, the percentage of the surface area where failure has occurred, and the names of the persons making the inspection. 6. Schedule: Upon completion of inspection and receipt of Inspection Report as noted herein, City shall notify Contractor of results of inspection and establish a date for Contractor to proceed with remedial work. Any delay on part of Contractor to meet schedule may cause City to proceed to have defects remedied by others as outlined under General Provisions. 7. Remedial Work: The Contractor shall make repairs at all points where defects are observed by removing the defective work and repairing or replacing it to bring the item into total conformance to the original specification. Any location where coating or paint has peeled, bubbled, or cracked and any location where rusting is evident shall be considered to be a failure of the system. The Contractor shall make repairs at all points where failures are observed by removing the deteriorated coating or paint, cleaning the surface, and reapplying the same system per original specification. If the area of failure exceeds 25 percent of a specific coated or painted surface, the entire applied system may be required to be removed and reapplied based on the City's sole judgment in accordance with the original specification. Harper &Associates Engineering, Inc. Section 01000 - 7 December 2020 —Res 3-1, 3-2, 3-3 a. Specific coated surfaces are defined as follows: 1) Underside of roof and structural members 2) Shell &columns 3) Bottom 4) Attachments, accessories and appurtenances 5) Flexible sealants b. Specific painted surfaces are defined as follows: 1) Roof 2) Shell 3) Attachments, accessories and appurtenances 4) Flexible sealants 8. Upon completion of warranty remedial repairs, Contractor shall wash down and disinfect reservoir as originally specified. Contractor shall provide new white NSF approved gaskets for the manholes as needed. 9. Costs: All noted costs for Contractor's inspection and all costs for repair shall be borne by the Contractor and in figuring his bid, the Contractor shall include an appropriate amount for testing and repair as no additional allowance will be paid by the City for said inspection and repair. 1.8 SAFETY AND HEALTH REQUIREMENT A. Contractor shall submit a notarized letter signed by a principal officer of the Corporation or Company certifying the Contractor fully complies with Federal and State Regulations pertaining to the work including, but not limited to, the following. Review of Contractor's safety plan by Engineer does not imply that City accepts responsibility for such plans or safety activities. 1. I llness Injury Prevention Program CSO/GISO 1508/3203 2. Confined Space Plan GISO 5156/5159 3. Respiratory Protection CSO/GISO 1531/5144 4. Hazard Communication GISO 5194 5. Lead-Based Paint Compliance Plan CSO 1532 6. Rolling Scaffolds CSO 1646 Harper &Associates Engineering, Inc. Section 01000 - 8 December 2020 —Res 3-1, 3-2, 3-3 7. Employee Safety Instruction CSO 1510 8. Emergency Medical Service CSO 1512 9. Dusts, Fumes, Mists, Vapors &Gases CSO 1528 B. General: Contractor assumes the responsibility to accomplish all work in a safe and prudent manner, and to conform to all appl icable safety requirements, regulations and guidelines of federal , state and local regulatory agencies, as well as applicable manufacturer's printed instructions and appropriate technical bulletins and manuals. Without in any way limiting that responsibility or assuming responsibility for safety, the City is particularly concerned that the following are strictly observed: Life Saving Equipment: Contractor shall provide and require use of personal protective life saving equipment for al l its personnel working in or about the project site. 2. Access Facilities: All ladders, scaffolding and rigging shall be designed for their intended uses and meet OSHA regulations. Ladders and scaffolding shall be supplied and erected as requested by Engineer to facilitate inspection and be moved by the Contractor to locations requested by the Engineer. 3. Ventilation: Contractor shall ensure there is proper ventilation, air eduction and exhausting of work space to reduce the concentration of air contaminants to a level which poses no hazard to personnel at or near the job site. Air circulation and exhausting of solvent vapors shall be continued until coatings and paints have fully cured. If conventional blast cleaning is accomplished, total containment during blast cleaning and coating and paint application operations is mandatory. The exhaust blower or dehumidification equipment capacity shall be sufficient to maintain air changes within containment interior in accordance with OSHA, coating and paint manufacturer's recommendations and local Air Quality Management District regulations, subject to Engineer's review. a. Exhaust blower shall exhaust into an Engineer-reviewed structure that precludes the exhausting of paint chips or particulate matter onto the site or into the atmosphere. b. Where ventilation is used to control hazardous exposure, all equipment shall be explosion proof, of industrial design and shal l be approved by the Engineer. Household-type venting equipment will not be acceptable. Ventilation shall reduce the concentration of air contaminant to the degree a hazard does not exist by educting air, vapors, etc. from the confined space. c. Ventilation system shall be furnished and installed by the Contractor in accordance with these specifications. The Contractor shall make modifications to the ventilation system as required by Cal/OSHA to ensure a safe working environment and complete removal of all contaminated vapors. 4. Head and Face Protection and Respiratory Devices: Equipment shal l include Harper &Associates Engineering, Inc. Section 01000 - 9 December 2020 —Res 3-1, 3-2, 3-3 protective helmets that shall be worn by all persons while in the vicinity of the work. During abrasive blasting operations, nozzlemen shall wear U.S. Bureau of Mines approved positive pressure air-supplied helmets and all other persons who are exposed to blasting dust shall wear respiratory protection. If coatings are hazardous, additional protection will be worn as determined necessary by the exposure assessment of the Certified Industrial Hygienist. a. When and where required, positive pressure air-fed hoods and/or masks shall be supplied by an air source currently certified to produce "Class D Breathing Air". Contractor shall at all times during the work maintain onsite current documentation to substantiate the quality of the breathing air. b. Barrier creams shall be used on any exposed areas of skin. 5. Grounding: Welding leads, all hoses and related equipment shall be grounded to prevent accumulation of charges of static electricity. 6. Illumination: Sparkproof artificial lighting shall be provided for all work in confined spaces. Light bulbs shall be guarded to prevent breakage. Lighting fixtures and flexible cords shall comply with the requirements of NFPA 70 "National Electric Code" for the atmosphere in which they will be used. Whenever required by the Engineer, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The level of illumination for inspection purposes shall be determined by the Engineer. 7. Toxicity and Explosiveness: The maximum allowable concentration of vapor shall be kept below the maximum safe concentration for eight-hour exposure, plus lower explosive limit (LEL) must be strictly maintained. All regulations related to safety of personnel and handling of such materials shall be strictly followed. Cost of handling and disposing of such materials will be borne by the Contractor. a. Contractor's responsibility for meeting all regulations relating to toxic and hazardous materials includes, but is not limited to, obtaining all permits and EPA numbers, processing paperwork, blood testing of personnel at start and finish of project, sampling and testing of wastes, paying fees, handling and packaging of wastes at site, and delivering materials to the selected Class I dumpsite using licensed hazardous materials transporters. All regulations relating to working with heavy metals or confined spaces shall be strictly enforced. Documentation of all hazardous or toxic waste disposal will be required and a copy supplied to the City. 8. Protective Clothing: During cutting, burning, welding operations and when handling and mixing coatings and paints, workmen shall wear gloves, eye shields and other protective clothing. If working with lead, zinc or other heavy metals, regulations regarding handling of exposed clothing shall be strictly enforced. 9. Fire: Contractor shall provide appropriate fire abatement devices on site and be readily available at the job site during all operations. Prohibit any flames, welding and smoking during mixing and application of materials. 10. Sound Levels: Whenever the occupational noise exposure exceeds the maximum Harper &Associates Engineering, Inc. Section 01000 - 10 December 2020 —Res 3-1, 3-2, 3-3 allowable sound levels, the Contractor shall provide and require the use of OSHA approved ear protective devices. a. Sound barriers approved by the City shall be provided at ail times to minimize disturbance to persons living or working nearby, and to the general public. Measures to be used in effecting noise suppression shall include (but not limited to) equipping all internal combustion engines with critical residential silencers (mufflers), shielding noise-producing equipment from nearest areas of human occupancy by location in such positions as to direct the greatest noise emissions away from such areas, and conducting operations in the most effective manner to minimize noise generation consistent with the prosecution of the Contract in a timely and economic manner. Whenever levels are above local ordinances or result in noise complaints from residents, they shall be adjusted as directed by the Engineer. 11. Gas and Air Monitoring: Contractor shall furnish monitoring equipment to determine the presence of oxygen deficiency or dangerous air contamination. Continual monitoring will be required. Concentration levels will be as prescribed by OSHA. C. Contractor shall provide Health Department approved sanitary facilities for all Contractor personnel , as no existing facilities will be available to the Contractor. Facilities shall be maintained during the project to complete standards established by City and shall be removed prior to Contractor's departure from the site at completion of the project. 1.9 DEHUMIDIFICATION A. Scope: If dehumidification is required by the City's Optional Bid Item, the interior of the structure shal l be dehumidified continuously, 24 hours per day, 7 days per week, during the cleaning and coating operations including shifts during which no work is being accomplished and also during the final curing period, unless fewer hours or days are approved in writing by the Engineer. The purpose of dehumidifying the interior of the reservoir during the cleaning and coating operations and during the final cure period is to nullify the adverse effects of cold and/or wet atmospheric conditions. Additionally, the dehumidification equipment will provide the necessary ventilation for the removal of solvent vapors during the coating and final cure phases. 2. Dust collectors and/or separators using approved filters are required. The contractor shall, at all times, maintain the concentration of solvent vapors in all parts of the structure 10% below the lower explosive limit (LEL). B. Dehumidification equipment systems must be reviewed by the Engineer. The exhaust blower for removal of dust, etc. from the interior containment shall exhaust into an Engineer-reviewed structure that precludes the exhausting of lead or zinc-laden paint chips or particulate matter onto the site or into the atmosphere. C. Final Cure: Final cure of coating is specified in Section 09800 Subsection 3.10 FINAL Harper &Associates Engineering, Inc. Section 01000 - 11 December 2020 —Res 3-1, 3-2, 3-3 CURING OF EPDXY COATINGS. D. General: The structure shall be continuously dehumidified 24 hours per day, during blasting, coating, between coats of coating, and during the final cure period, unless fewer hours or days are approved in writing by the Engineer. 2. The Contractor shall maintain the dehumidification system at all times, including final cure period. and shall remove the ventilation and dehumidification system upon completion of the final cure period. 3. The Contractor shall make modifications to the dehumidification system as directed by the Engineer to ensure a safe working environment, complete removal of all solvent vapors, and maintenance of the proper relative humidity at the concrete and steel surfaces. 4. Ducting shall be airtight and reinforced with spirally-wound wire to prevent col- lapse. The Contractor shall furnish and install an appropriate airtight connecting device between the duct and designated opening. All bends in ductwork shall have a minimum radius of 2 x ID of the ducting (i.e. 18" ID = 36" minimum radius). 5. The Contractor shall design and submit for review a dehumidification and ventilation plan. If lead coating or paint is being removed, the ventilation plan shall provide for a minimum cross-draft velocity of 100 feet per minute in the vicinity of the work area. The cross-draft velocities may be obtained with use of a portable blower or fans. If lead coating or paint is being removed, air filtration is required with HEPA PM-10 filters. 6. The Contractor shall furnish, install and maintain three (3) 3,000 cubic foot per minute circulation fans inside the structure, or as modified by the Engineer. 7. The circulation fans may be moved as necessary, but shall be placed in dead air space areas and directed toward the designated opening at all times. 8. The Contractor shall seal all structure openings, to prevent the entry of moist air detrimental to the blasting, coating, or curing process. An approved air lock entry shall be provided for ingress to and egress from the structure. 9. The area adjacent to the surface that is to be blasted and coated shall not be exposed to a relative humidity over thirty-five percent (35%) at any time during blasting, cleaning, and coating operations. E. Equipment: The dehumidification equipment shall be a solid desiccant (not liquid, granular or loose lithium chloride) design having a single rotary desiccant bed capable of continuous operation, fully automatic, with drip-proof automatic electrical controller. 2. Dehumidification equipment operated on the structure must be capable of making Harper &Associates Engineering, Inc. Section 01000 - 12 December 2020 —Res 3-1, 3-2, 3-3 two complete air changes every sixty minutes unless the 100 feet per minute cross-draft velocity requirement requires a larger volume. 3. The processed air from the dehumidification unit must maintain a relative humidity of eleven percent (11 %) or less. 4. During the coating and cure phase, dehumidification units must have auxiliary heaters capable of maintaining an air temperature inside the reservoir of a minimum of 70 degrees F. 5. Air heaters are not acceptable as substitutes for dehumidification units. 6. Air chillers, heaters, or air dehumidifiers if they are dehumidification equipment. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 COORDINATION AND MEETINGS A. PRE-BID CONFERENCE conditioners may be used downstream of the approved for use by the manufacturer of the 1. A mandatory Pre-Bid Conference for the project will be conducted by the Engineer at City offices and site as noted in the Notice of Inviting Bids. The object of the Pre-Bid Conference is to acquaint bidders with existing facility and sites. The conditions and requirements of the plans and specifications shall govern over any information presented at the Pre-Bid Conference, unless amended in writing by the Engineer. All bidders must attend the Pre-Bid Conference to have their bid accepted by the City. B. PRE-CONSTRUCTION CONFERENCE 1. APre-Construction Conference shall be scheduled prior to start of project. The City, Contractor and Engineer shal l be present. The sequence of work will be discussed and will be mutually agreed upon to ensure that the work is accomplished and completed as stated in the Contract, and to allow for inspection and operations flexibility by City. A schedule of work to be accomplished and a list of labor, material and equipment rates for additional work will be established and maintained throughout the project. Contractor shall furnish resumes of all personnel assigned to project, and a complete set of approved submittal data for use by inspection personnel . Contractor shall have a designated representative for all projects. 2. The Contractor shall submit manufacturer's literature and Safety Data Sheets (SDS) on all materials to be used in coating and painting operations including, but not limited to, coatings, paints, thinners, solvents and cleaning fluids. No materials will be allowed which have been stored over 60 days, or manufacturer's recommended shelf life, whichever is less. Contractor shall maintain copies of Harper &Associates Engineering, Inc. Section 01000 - 13 December 2020 —Res 3-1, 3-2, 3-3 SDS at job site at all times. Copies of all invoices showing purchased dates and delivery for all material mentioned above will be required. END OF SECTION Harper &Associates Engineering, Inc. Section 01000 - 14 December 2020 —Res 3-1, 3-2, 3-3 SECTION 09800 -RESERVOIR COATING AND PAINTING SPECIFICATION PART 1 -GENERAL 1.1 PURPOSE The purpose of this specification is to establish methods and procedures for coating, painting, dehumidification and handling of hazardous and nonhazardous materials/wastes. 1.2 CONTRACTOR The Contractor shall be a licensed Painting and Decorating Contractor in the State of California (C-33 Classification). He shall have a minimum of five (5) years practical experience and successful history in the application of specified products to surfaces of steel water storage reservoir. Upon request, he shall substantiate this requirement by furnishing a written list of references. 1.3 DEFINITIONS A. "Coating" refers to protective materials used or applied on interior surfaces. B. "Paint" refers to protective materials used or applied on exterior surfaces. C. "Coat" refers to paint applied in a single or multiple pass application to form an evenly distributed film when dry. Designations for "coats" are primer or first coat, intermediate or second coat, and finish coat, and any coats applied beyond the designated coats. 1.4 QUALITY ASSURANCE A. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces", SSPC-Vis 1, ASTM Designation D2200 and as described below. Anchor profile for prepared surfaces shall be measured by using a non-destructive instrument such as a K-T Surface Profile Comparator, digital surface profile gauge or Testex Press-O-Film System. Temperature and dewpoint requirements noted in 1.4 B. herein shall apply to all surface preparation operations, except low and high temperature limits and operation of dehumidification equipment shall be determined at the Pre-Construction Conference. B. Application: No coating shall be applied under the following conditions: When the surrounding air temperature or the temperature of the surface to be coated or painted is below 55 degrees F for epoxy coatings, below 45 degrees F for epoxy low temperature cure coatings, or below 40 degrees F for urethane paint, or above 125 degrees F for all materials; or in accordance with the data sheets. 2. To wet or damp surfaces or in rain, fog or mist; 3. When the surface temperature is less than 5 degrees F above the dewpoint. Harper &Associates Engineering, Inc. Section 09800 - 1 December 2020 —Res. 3-1, 3-2, 3-3 4. When it is expected the air temperature will drop below 55 degrees F for epoxy coating, below 45 degrees F for epoxy low temperature cure coatings, or 40 degrees F for urethane paints, or surface temperature is expected to be less than 5 degrees F above the dewpoint within two hours after application of coatings or paints. a. Dewpoint shall be measured by use of an instrument such as a sling psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables or equivalent. Dehumidification equipment must run continuously during all phases of contract, except disinfection phase. b. If above conditions are prevalent, coating and paint application shall be delayed or postponed until conditions are favorable. The day's application shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. C. Overspray and Dust Control: The Contractor shall conduct all operations so as to confine abrasive blasting debris and coating and paint overspray to within the bounds of the site. The Contractor shall take all precautions necessary to prevent adverse off-site consequences of blast cleaning or application operations. Any complaints received by the City relating to any such potential off-site problems will be immediately delivered to the Contractor-assigned job site representative. The Contractor shall immediately halt blast cleaning or application work and shall take whatever corrective action is required to mitigate any such problems. All costs associated with protection of off-site properties and/or correction of damage to property as a result of blast cleaning or application operations shall be borne directly by the Contractor at no additional expense to the City. City approval of Contractor's blast cleaning and overspray prevention procedures and Engineer's presence on project does not free Contractor from responsibility for compliance. Daily approval of procedures will be required prior to start of blast cleaning or spray operations. D. Inspection and Checking: The City will provide and utilize the services of an independent professional coating inspection agent who will be City's Coating Inspector. Contractor will furnish inspection devices and test equipment in good working condition and equipment shall be operated by, or in the presence of the inspector. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are acceptable to City's Coating Inspector. The City's Engineer's decisions shall be final as to interpretation and/or conflict between any of the reference specifications and standards contained herein. The City's Coating Inspector will perform continuous inspection on al l phases of the surface preparation, abrasive blast cleaning, and application of the coating systems. All surfaces will be inspected by City's Coating Inspector prior to each application of coating materials. Coating materials applied without the prior inspection of City's Coating Inspector shall be removed and reapplied at the expense of the Contractor. 2. City's Coating Inspector will perform such tests as are required to ensure compliance with all phases of the surface preparation, abrasive blast cleaning, and Harper &Associates Engineering, Inc. Section 09800 - 2 December 2020 —Res. 3-1, 3-2, 3-3 application of the coating systems. Test equipment shall include but not be limited to the following: SSPC surface preparation standards; surface profile comparator; test tape; micrometer; abrasive sieve test; ultraviolet lamp; mirror; certified thickness calibration plates and magnetic type dry film thickness gauge. Accuracy of inspection equipment will be verified by City's Coating Inspector in the presence of the Contractor to verify its accuracy prior to use. 3. Notify City's Coating Inspector 14 days in advance of shop and field-apply operations involving abrasive blast cleaning and coating applications. 4. City's Coating Inspector will determine the degree of cleanliness and surface profile of the shop and field blast cleaned surfaces. Additional blast cleaning of non-conforming areas shall be accomplished until all areas conform to the cleanliness and profile specified. 5. City's Coating Inspector will totally inspect each coat of primer, intermediate, and finish coating to determine the thickness and integrity. Each coat applied will be checked and deficiencies marked. After observing specified recoat time, apply additional coating materials over areas not having the specified minimum dry film thickness and areas having any holidays or pinholes. After correction of deficiencies, City's Coating Inspector will re-inspect those areas to determine the acceptability of the additional coating. Each coat applied must be 100% to the satisfaction of City's Coating Inspector prior to subsequent coats being applied. E. Inspection Facilities: The Contractor shall provide City's Coating Inspector with facilities for inspection including, but not limited to, the following: Furnish as determined necessary by City's Coating Inspector all safety equipment and devices during abrasive blast cleaning and coating operations. Provide helmet with continuous fresh air supply for observation during cleaning operations. 2. Furnish illumination and the manpower to move the lights, whenever required by the City's Coating Inspector. Provide additional lights and supports sufficient to illuminate all areas to be inspected. City's Coating Inspector will determine the level of illumination required for inspection purposes. 3. Temporary ladders and scaffolding shall be erected and moved to the locations requested by City's Coating Inspector. F. Thickness Testing: Thickness of coatings and paints shall be tested with anon-destructive film thickness gauge. An instrument such as a Tooke Gage should be used if a destructive tester is deemed necessary. Testing shall be accomplished in conformance to SSPC-PA 2, "Measurement of Dry Paint Thickness with Magnetic Gages" except as modified hereinafter. Flat coated or painted surfaces shall be tested in conformance to SSPC-PA2. 2. Structural members, piping and other irregular surfaces shall be tested with frequency and locations as directed by the Engineer. G. Holiday Testing: Coating integrity of ALL interior coated surfaces shall be tested with an Harper &Associates Engineering, Inc. Section 09800 - 3 December 2020 —Res. 3-1, 3-2, 3-3 approved inspection device. All pinholes shall be marked, repaired in accordance with the manufacturer's printed recommendations and retested. No pinholes or other irregularities will be permitted in the final coating. H. Inspection Devices: Contractor will furnish, until final acceptance of coatings and paint, inspection devices in good working condition for detection of holidays and measurement of dry film thickness. They shall also furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of thickness gauges. Dry film thickness gauge holiday detectors shall be available at all times until final acceptance of application. Inspection devices shall be operated by, or in the presence of the Engineer with location and frequency basis determined by the Engineer. Acceptable Inspection Devices: Acceptable devices for ferrous metal surfaces include, but are not limited to, Tinker and Rasor Models AP and AP-W holiday detectors equipped with a wire brush electrode supplied by the manufacturer, and "Inspector", or "Positest", or "Positector" or "Quanix" units for dry film thickness gauging. Inspection devices shall be operated in accordance with these specifications and the manufacturer's instructions. PART 2 -PRODUCTS 2.1 GENERAL A. Materials specified are those which have been evaluated for the specific service. Products of International, Devoe Coatings, and Tnemec Company, Inc. are listed to establish a standard of quality for the project. Standard products of manufacturers other than those specified, will be accepted when it is proved to the satisfaction of the Engineer they are equal in composition, durability, usefulness and convenience for the purpose intended. Substitutions wil l be considered provided the following minimum conditions are met: The proposed coating or paint system shall have a dry film thickness equal to or greater than that of the specified system. 2. The proposed coating or paint system shall employ an equal or greater number of separate coats. 3. The proposed coating or paint system shall employ coatings or paints of the same generic type. 4. All requests for substitution shall carry full descriptive literature and directions for application, along with complete information on generic type, non-volatile content by volume and a list of 10 similar projects, all at least three years old, where the products have been applied to similar exposure. 5. The City requires that the Contractor provide certified laboratory data sheets showing the results of complete spectrographic and durability tests accomplished on the proposed substitute. Tests shall be accomplished by an independent testing laboratory satisfactory to the Engineer and all costs incurred in the testing program shal l be borne by the Contractor. In any case, the Engineer shall be sole and final judge of the acceptability of any proposed substitution. Requests for substitution must be approved in writing prior to date of bid. Harper &Associates Engineering, Inc. Section 09800 - 4 December 2020 —Res. 3-1, 3-2, 3-3 B. The Contractor shall submit prior to start of project manufacturer's literature and Safety Data Sheets (SDS) on ali materials to be used in coating and painting operations, including, but not limited to coatings, paints, thinners, solvents and cleaning fluids. No materials will be allowed which have been stored over 60 days, or manufacturer's recommended shelf life, whichever is less. Contractor shall maintain copies of SDS at job site at all times. An electronic submittal will be accepted in only the following format. a. The file shall be in pdf format. b. Each project submittal shall be a separate document file. c. Each document file shall be labeled in the following sequence: 1) Owner Name/Project Name 2) Submittal No. 3) Description C. All materials shall be brought to the job site in the original sealed containers. They shall not be opened or used until City's representative has physically inspected contents and obtained necessary data from information printed on containers or label . Materials exceeding storage life recommended by the manufacturer shall be rejected. Copy of invoice showing purchase and delivery dates will be required. D. Flammability, toxicity, allergenic properties, and any other characteristic requiring field precautions shall be identified and specific safety practices shall be stipulated. E. All coating and paint materials shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable materials must be stored to conform with City, County, State and Federal safety codes for flammable materials. At all times coatings and paints shall be protected from freezing. F. Contractor shall use products of same manufacturer for all coats. 2.2 SPECIFIC INTERIOR COATING MATERIALS A. Coating materials for interior surfaces of reservoirs must appear on the Standard 61 of the National Sanitation Foundation (NSF), or Standard 61 of Underwriters' Laboratory. Products containing perchloroethylene (PCE), trichloroethylene (TCE), lead, chromium or zinc will not be permitted. In addition, products containing Methyl Ethyl Ketone (MEK) or Methyl Isobutyl Ketone (MIBK) will not be allowed in amounts that will cause volative organic analysis to be above maximum contaminant levels or action levels. The Contractor shall provide, prior to coating any surfaces of the reservoir, written certifications from the coating manufacturers stating that the coating materials, thinners, solvents, and equipment cleaning fluids provided by the manufacturers do not contain PCE or TCE. The Contractor shall also certify, in writing, that no material containing PCE, TCE, lead, chromium, or zinc in any form will be used for the interior coatings or exterior paint of the reservoir. This shall include all solvents, thinners, and cleaning fluids at the job site, regardless of where the materials were obtained. 2. The Engineer may require all solvents, thinners and cleaning fluids be tested for Harper &Associates Engineering, Inc. Section 09800 - 5 December 2020 —Res. 3-1, 3-2, 3-3 TCE and PCE prior to being used at the job site. The Contractor shall provide the Engineer with samples of each material at no cost to the City. Unacceptable materials shall be removed from the job site. B. All coating materials shall comply with air pollution regulations, specifically the local air quality management district or air pollution control district rules, and rules for the City. C. All coating materials shall also conform to regulations and applicable requirements of local, State and Federal health regulatory agencies. D. Epoxy coatings shall be similar or equal to products such as ICI Devoe Bar-Rust 233H Low VOC Multi-Purpose Epoxy Coating or Tnemec Pota Pox Series L140F Low VOC. First or prime coat shall not be gray, but finish coat shall be white. E. 100% Solid Epoxy coatings shall be International Interl ine 975P 100% Solids Epoxy Coating or Tnemec Epoxoline Series 22 100% Solids Epoxy Coating. Tnemec Epoxoline Series FC22 100% Solids Epoxy Coating may be used for cold conditions or accelerated cure, as approved by the Engineer. Finish coat shall be white. F. Joint sealant shall be a flexible polyurethane such as Sikaflex 1A or polysulfide product. 2.3 WASH DOWN MATERIALS A. Cleaner for pre-disinfection cleaning of interior surfaces shall be Gre-Sa-Way or approved equal . B. Disinfection materials shall conform to all requirements of AVWVA Standard C652, latest revision. C. Product to prevent flash rusting during wet abrasive blast cleaning shall be Hold Tight 102 or approved equal . 2.4 SPECIFIC EXTERIOR PAINT MATERIALS A. Paint materials for exterior surfaces of reservoir will consist of an epoxy primer, epoxy intermediate coat and urethane finish coat. Products containing lead, zinc or chromium compounds will not be permitted. B. All paint materials shall comply with air pollution regulations, specifically the local air quality management district or air pollution control district rules, and rules for the City. C. All paint materials shall also conform to regulations and applicable requirements of local , State and Federal health regulatory agencies. D. Prime coat shall be similar or equal to products such as ICI Devoe Bar-Rust 231 H Low VOC's Multi-Purpose epoxy coating or Tnemec L69 Epoxoline I I Low VOC's epoxy coating. E. Intermediate coat shall be similar or equal to products such as ICI Devoe Bar-Rust 231 H Low VOC's Multi-Purpose epoxy coating or Tnemec L69 Epoxoline I I Low VOC's epoxy coating. Harper &Associates Engineering, Inc. Section 09800 - 6 December 2020 —Res. 3-1, 3-2, 3-3 F. Finish coat shall be similar or equal to products such as Devoe Bar-Ox Devthane 379H urethane coating or Tnemec Series 1095 Low VOC's urethane coating. G. Joint sealant shall be a flexible polyurethane elastomeric sealant similar or equal to Sikafiex 2C-NS as manufactured by Sika Corporation. PART 3 -EXECUTION 3.1 GENERAL A. All surface preparation, coating and paint application shall conform to applicable standards of the City and the manufacturer's printed instructions, as approved by the Engineer. Material applied prior to approval of the surface, by the Engineer, shall be removed and reapplied to the satisfaction of the Engineer at the expense of the Contractor. B. All work shall be accomplished by skilled craftsmen qualified to accomplish the required work in a manner comparable with the best standards of practice. Resumes of personnel proposed to be used on the project shall be submitted for approval upon Notice of Award. Continuity of personnel shal l be maintained and transfers of key personnel shall be coordinated with the Engineer. C. The Contractor shall provide a supervisor to be at the work site during cleaning and application operations. The supervisor shall have the authority to sign any change orders, coordinate work and make other decisions pertaining to the fulfillment of their contract. D. Contractor shall provide approved sanitary facilities for all Contractor personnel, as no existing facilities will be available to the Contractor. Facilities shall be maintained during the project to complete standards established by City and shall be removed prior to Contractor's departure from the site at completion of the project. E. Dust, dirt, oil , grease or any foreign matter which will affect the adhesion or durability of the finish must be removed by washing with clean rags dipped in an approved commercial cleaning solution, rinsed with clean water and wiped dry with clean rags. F. No rubber tire vehicles or equipment shall be permitted on the interior floor after the floor has been blasted. G. The Contractor's equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Blotter test shall be accomplished at each start-up period and as deemed necessary by the Engineer. Contractor's equipment shall be subject to approval of the Engineer. This approval does not relieve the Contractor's responsibility for the safe operation of the equipment or its performance. Cleanliness of compressed air supply shall be verified daily, and as deemed necessary by Engineer, by directing a stream of air, without abrasive, from the blast nozzle onto a white blotter or cloth for twenty seconds. If oil or water appears on the blotter or cloth, all traps and separators shall be blown down until two subsequent twenty-second tests show no further oil or water. Harper &Associates Engineering, Inc. Section 09800 - 7 December 2020 —Res. 3-1, 3-2, 3-3 H. Application of the first coat shall follow immediately after surface preparation and cleaning within an eight-hour period. If unforeseen weather conditions occur, as defined in 1.4 B. QUALITY ASSURANCE, surfaces shall be re-cleaned per the original specifications prior to application of the first coat. Brush-off blast cleaning SSPC-SP7 (sweep blast) wil l not be accepted in lieu of SSPC-SP10 (Near-White Metal) blast. If dehumidification equipment is required, cleaned areas shall have first coat applied at last shift of the week, as approved by the Engineer, provided dehumidification equipment has run continuously during the complete week, and surfaces meet all requirements of the specification. Monitoring devices approved by the Engineer shall be used to ensure continuous operation. Because of presence of moisture and possible contaminants in atmosphere, care shall be taken to ensure previously coated or painted surfaces are protected or recleaned prior to application of subsequent coat(s). Methods of protection and recleaning shall be approved by the Engineer. Project is subject to intermittent shutdown if, in the opinion of the Engineer, cleaning and application operations are creating a localized condition detrimental to ongoing facility activities, personnel or adjacent property. 2. In the event of emergency shutdown by the Engineer, Contractor shall immediately correct deficiencies. All additional costs created by shutdown shall be borne by Contractor. The Contractor shall provide, at his own expense, all necessary power required for his operations under the contract. K. Contractor shall seal any reservoir vents, pumps, motors, and other open areas to prevent intrusion of coating or paint or other contaminants. The sealing system shall be designed to allow continuous operation of facilities or equipment, with no detrimental effects. If necessary, sealing system shall be removed daily at termination of work, or as directed by the Engineer. 3.2 SURFACE PREPARATION, GENERAL A. The latest revision of the following surface preparation specifications of the Society for Protective Coatings shall form a part of this specification. (Note: An element of surface area is defined as any given square inch of surface.) Solvent Cleaning (SSPC-SP1): Removal of oil , grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods, which involve a solvent or cleaning action. 2. Hand Tool Cleaning (SSPC-SP2): Removal of loose rust, loose mill scale and other detrimental foreign matter present to degree specified by hand chipping, scraping, sanding and wire brushing. 3. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mill scale and other detrimental foreign matter present to degree specified by power wire brushing, power impact tools or power sanders. Harper &Associates Engineering, Inc. Section 09800 - 8 December 2020 —Res. 3-1, 3-2, 3-3 4. Commercial Blast Cleaning (SSPC-SP6): Blast cleaning until at least two-thirds of each element of surface area is free of all visible residue. 5. Brush-off Blast Cleaning (SSPC-SP7): Blast cleaning to remove loose rust, loose mill scale, and other detrimental foreign matter present to the degree specified. 6. Near-White Blast Cleaning (SSPC-SP10): Blast cleaning to near-white metal cleanliness, until at least ninety-five percent of each element of surface area is free of all visible residues. 7. Power Tool Cleaning to Bare Metal (SSPC-SP11): Power tool cleaning to produce a bare metal surface and to retain or produce a surface profile of at least 1.0 mil. 8. High and Ultra High Pressure Water Jetting (SSPC-SPWJ1 through 4): Water jet cleaning of metals to remove rust, mill scale, coating, paint and other detrimental foreign matter to present to varying degrees of cleanliness from light cleaning to clean to bare substrate. B. Any burrs, weld spatter, sharp edges, corners, or rough welds which would cause difficulty in achieving adefect-free paint system shall be chipped or ground smooth in conformance to NACE Standard SP0178-latest edition. It is not the intent to have the welds or "scars" ground "flush". The object of the grinding is to eliminate sharp edges, corners, and overlaps to provide a surface for the application of a uniform thickness of coating or paint without voids or other defects. C. Abrasive blasting nozzles shall be equipped with "deadman" emergency shut-off nozzles. Blast nozzle pressure shall be a minimum of 95 P.S.I . and shall be verified by using an approved nozzle pressure gage at each start-up period or as directed by the Engineer. Number of nozzles used during all blast cleaning operations must be sufficient to ensure timely completion of project, subject to designation and approval by Engineer. Contractor shall perform all modifications, interior surface preparation and coating application utilizing a minimum of two (2) blast nozzles per shift. D. All blast hose connections shall be tethered and secured to prevent separation during blast cleaning operations, and shall be taped with duct tape prior to pressurizing. All taped connections shall be visually inspected for leaks within five minutes after start of blast cleaning operations and at the end of blast cleaning operations. Leaking connections shall be immediately repaired to prevent further damage. E. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed. Contractor is responsible for maintaining dust emissions within the legal level and that level which would not create a nuisance. F. Particle size of abrasives used in blast cleaning shall be that which will produce a 2.0 mi l surface profile and a 3.0 mil profile for all surfaces ultimately receiving 100% solids coating, in accordance with recommendations ofthe manufacturer of the specified coating or paint system to be applied, subject to approval of Engineer. G. Abrasive used in blast cleaning operations shall be new, washed, graded and free of Harper &Associates Engineering, Inc. Section 09800 - 9 December 2020 —Res. 3-1, 3-2, 3-3 contaminants which would interfere with adhesion of coatings and paints and shall not be reused unless specifically approved by the Engineer. Abrasives shall be certified for unconfined dry blasting pursuant to the California Administrative Code, Section 92520 of Subchapter 6, Title 17 or subsequent revision, and shall appear on the current listing of approved abrasives. Invoices or load sheets confirming above shall be required. H. Recycled ferrous metall ic abrasives must meet or exceed the cleanliness standards set forth in SSPC-AB2. The operating mix of abrasive media shal l be such that a sharp angular not peened profile is produced. Any recycled abrasive shall be such that a sharp angular not peened profile is produced. Any recycled abrasive shall be designed for the use (i.e. steel grit) and be free of grease, oil , or other debris or contaminants that could be detrimental to the service life of the applied coatings. If steel shot media is used it shall be limited to no more than 1/3 of the operating mix. Recycled abrasive shall be tested for contamination through the use of a vial test in accordance with the procedures outlined in SSPC's Publication 91-12 and ISO 8502-3. During blast cleaning operations, caution shall be exercised to ensure existing coatings and paints are not exposed to abrasion from blast cleaning. Blast cleaning from rolling scaffolds shall only be accomplished within confines of interior perimeter of scaffold. Reaching beyond limits of perimeter will be allowed only if blast nozzle is maintained in a position which will produce a profile acceptable to the Engineer. K. Accessible interior surfaces of the outlet nozzle and that portion of the inlet nozzle permanently attached to the reservoir shall be cleaned of all old coating and rust by blast cleaning or other approved methods. Precautions shall be taken so as to prevent any damage to the existing gate or butterfly valves at the inlet and outlet nozzles. All exposed surfaces of the valves shall be masked prior to blast cleaning the nozzles. The removable portions of the inlet nozzle shall be removed and blast cleaned as specified herein. L. During blast cleaning operations, inlet, outlet, overflow, and drain openings in bottom shall be covered with plywood bulkheads, or other approved barriers, to prevent entry of spent abrasive, removed coating or other foreign materials. M. The Contractor shall keep the area of his work in a clean condition and shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the prosecution of the work or the operation of the existing facilities. Spent abrasives and other debris shall be removed at the Contractor's expense as directed by the Engineer. As existing exterior paints have been determined by laboratory analysis to be toxic or hazardous, coating/paint and coating/paint abrasive residue mixture shall be tested to ensure conformance with hazardous material tolerances have been met. It shall be the responsi- bility of the Contractor to provide adequate containers on the job site to retain spent media and removed coating and paint until tests have been completed or approval for disposal from a landfill has been obtained. Disposal of hazardous or toxic waste at other than government regulated landfills will not be permitted unless approved personally by the Engineer in Contractor's plan of action for project. Documentation of all hazardous or toxic waste disposal will be required and a copy supplied to City. N. Blast cleaned and coated and painted surfaces shall be cleaned prior to application of specified coatings or paints via a combination of blowing with clean dry air, brushing/brooming and/or vacuuming as directed by the Engineer. Air hose for blowing Harper &Associates Engineering, Inc. Section 09800 - 10 December 2020 —Res. 3-1, 3-2, 3-3 shall be at least 1/2" in diameter and shall be equipped with ashut-off device. O. High and Ultra High Pressure Water Jetting (SSPC-SPWJ1 through 4) shall not be used on interior surfaces and shall only be used on exterior surfaces when and as directed by Engineer. Pressures shall be those determined by Engineer to effectively accomplish removal of loose, peeling/flaking coatings or paint or other detrimental surface contaminants. 3.3 HAZARDOUS MATERIALS, GENER A. Exterior surfaces have been determined to contain high levels of zinc. Contractor shall comply with Title 8, California Code of Regulations (CCR) Section 1532.1. The Contractor shall submit a written compliance program. The compliance program shall address data specified in subsections (e)(2)(B) and (e)(2)(C) of Section 1532.1. Copies of all air monitoring or job site inspection reports shall be furnished within 10 days of monitoring or inspection. B. Contractor shall comply with requirements of 40 CFR 261, (CCR) Title 22 Division 4.5, and HSC Division 20 Ch. 6.5 for handling and disposing of hazardous wastes resulting from surface contamination and removed coating and paint particles. C. All work must be accomplished in compliance to the following. On first day of any zinc paint removal, work environment must be tested by or under the supervision of a Certified Industrial Hygienist (CIH) to determine levels of protection required to protect workers and the environment from lead and other heavy metal contamination. All costs related to testing by the CIH shall be borne by the Contractor. Field testing may be accomplished by either an Industrial Hygienist or a CIH. 2. Testing will include air sampling and testing of filters removed from the workers' respirators or personal air monitors to determine the level of zinc exposure. Upon completion of testing, the CIH shall file a written report on the results of the testing. Level of exposure will then determine the type respiratory protection, clothing, housekeeping, hygiene facilities, medical surveillance, medical removal protection, employee information and training, signs, record keeping, and observation of monitoring required for the project. 3. No exterior painting work shall re-commence until the report from the CIH is filed and worker and environmental protection required is in place. Costs for the time delay shall be included in the Contractor's original bid. 4. Based on the initial analysis, samples of exterior spent abrasives should be sent to a certified laboratory for testing at the Contractor's expense. TTLC and TCLP analysis should be completed for CCR Title 22, heavy metals. Results of the analytical testing should be provided to the Owner prior to disposal. D. Contractor is responsible for maintaining dust emissions within the legal level and that level which would not create a nuisance. Dust emissions, abrasive deflection and removed paint particles shall be contained where abrasive blasting is being accomplished, unless vacuum blasting or other means of cleaning are approved by Engineer. No water, Harper &Associates Engineering, Inc. Section 09800 - 11 December 2020 —Res. 3-1, 3-2, 3-3 abrasive deflection or paint particles shall be allowed to land on the ground around the reservoir. E. All zinc and lead paint removal work shall be governed by, but not necessarily limited to, Code of Federal Regulations (29 CFR 1910 and 1926, applicable sections) Health and Safety Code, Division 20, Chapters 6.5 (California Hazardous Waste Control Act) 2. Title 22 California Administrative Code, Division 4.5 (Minimum Standard for Management of Hazardous and Extremely Hazardous Materials) 3. Title 8, California Administrative Code 4. Code of Federal Regulations (29 CFR 1926, applicable sections) F. Transportation and Disposal of Debris: The Contractor shall arrange to have the debris transported from the site in accordance with the requirements of Title 40 CFR 263, and disposed of properly in accordance with Title 40 CFR 264 and 40 CFR 268 Protection of Environment. Signed manifests shall be returned to the Engineer to verify that all steps of the handling and disposal process have been completed properly. The Owner is considered the generator on this project; the Contractor will be named co-generator. Written confirmation that the debris will be treated and disposed of in accordance with requirements of Title 40 CFR Part 264 and Title 40 CFR Part 268, CCR Title 22 Division 4.5, and HSC Division 20 Ch. 6.5 shall be received by the Engineer prior to start of the work. The waste will be disposed of as approved by Engineer and City. The programs shal l provide assurance that the debris is handled properly from cradle to grave, and include the necessary notifications and certifications on shipments, provide the name of the disposal facility, and include a schedule for the submittal of the completed manifests to the Engineer. G. The City shall remove four representative samples of soil from job site prior to start of work. Samples shall be tested for determination of lead, zinc and chromium compounds to ensure soi l does not contain excessive levels of noted heavy metals. If soils contain excessive levels of noted or other heavy metals, site remediation shall be the responsibility of the City. Copies of laboratory analyses reports shall be forwarded to Contractor immediately upon receipt from laboratory, prior to start of any work. Any required remediation schedule will be determined by the City. 3.4 SURFACE PREPARATION, INSPECTION BLAST A. Severely corroded surfaces designated by the Engineer shall be blast cleaned to SSPC- SP10 (Blast Cleaning to Near-White Metal) to determine the condition of the substrate to determine if repair is required. The hourly crew rate wil l be based on a minimum 4-man crew with the following minimum equipment: a. A minimum No. 7 or No. 8 nozzle with a 2" diameter hose b. A minimum 425 compressor Harper &Associates Engineering, Inc. Section 09800 - 12 December 2020 —Res. 3-1, 3-2, 3-3 c. A minimum 7 bag blast pot d. Particle size of abrasive shall be a minimum 30 grit 3.5 SURFACE PREPARATION, INTERIOR A. All interior surfaces shall be blast cleaned, in conformance to Society for Protective Coatings Specification SSPC-SP10 (Blast Cleaning to Near-White Metal). Field blast cleaning for all interior surfaces shall be by dry method. The complete interior and exterior of all roof penetrations including, but not limited to, center vent structure, roof vents, roof hatches, cathodic protection handholes, auxiliary ports, etc., shall be blast cleaned to SSPC-SP10 including one (1) foot past the roof penetration onto the exterior roof when interior roof surfaces are blasted. The perimeter of the blast cleaned surfaces shall be cut to straight lines and the edge of the existing paint system sufficiently feathered to create a smooth transition between the two paint systems. 2. Particle size of abrasives used in blast cleaning surfaces to ultimately receive 100% epoxy shall be that which will produce a minimum of a 3.0 mi l surface profile. 3. Contractor shall be responsible for removal and replacement of center vent cover as needed to coat and paint all surfaces. The scope of work in the structural portion of the technical specifications requires new screening to be installed. Therefore, removal of the vent cover shall be coordinated between the coating contractor and the structural contractor. B. The topside of the existing rafters and the roof plates above the rafters shall be abrasive blast cleaned in conformance to Society for Protective Coatings Specification SSPC-SP10 (Blast Cleaning to Near-White Metal). Abrasive blast cleaning of the topside of the rafters and roof plates may require, but not be limited to, directing the blast nozzle at the roof to ricochet the abrasive off the roof, by wedging the roof, and/or utilizing angle or banana nozzles or other approved method that accomplishes the specified cleanliness. 2. Abrasive blasting in conformance to SSPC-SP10 (Blast Cleaning to Near-White Metal) will not be required in areas where the roof cannot be lifted above the rafters including, but not limited to, near the shell or areas where the roof plates are welded to the top angle or other structural members, as determined by the Engineer. These areas shall be abrasive blasted by the blast nozzle being directed at the void between the roof and topside of the rafter from both sides to remove all loose rust, mil scale and coating to accomplish the specified cleanliness of Brush- off Blast Cleaning (SSPC-SP7). C. Wedging between the rafters and the roof plates a minimum of 1 '/2" shall be accomplished by the Contractor for access by the City's Inspector to inspect the topside of the rafters and roof plates. 3.6 SURFACE PREPARATION, EXTERIOR A. All exterior surfaces, appurtenances, and piping shall be blast cleaned in conformance to Harper &Associates Engineering, Inc. Section 09800 - 13 December 2020 —Res. 3-1, 3-2, 3-3 Society for Protective Coatings Specification SSPC-SP10 (Blast Cleaning to Near-White Metal). Surface preparation around the roof hatches and penetrations shall be in accordance with Section 3.5 A. 1. above 3.7 APPLICATION, GENERAL A. Coating and paint application shall conform to the requirements of the Society for Protective Coatings Paint Application Specification SSPC-PA1, latest revision, for "Shop, Field and Maintenance Painting", the City, the manufacturer of the coating and paint materials printed literature and as specified herein and approved by the Engineer. B. Thinning shall only be permitted as recommended by the manufacturer and approved by the Engineer and shall not exceed limits set by applicable regulatory agencies. If Contractor applies any materials which have been modified or thinned to such a degree as to cause them to exceed established VOC levels, Contractor shall be responsible for any fines, costs, remedies, or legal action and costs that may result. C. Each application of coating and paint shall be applied evenly, free of brush marks, sags, runs and no evidence of poor workmanship. Care should be exercised to avoid lapping on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. D. Protective coverings or drop cloths shall be used to protect floors, fixtures, equipment, prepared surface and applied paints. Personnel walking on exterior roof of reservoir shall take precautions to prevent damage or contamination of painted surfaces. If required by Engineer, personnel shall wear soft-soled shoes, or shoe coverings approved by Engineer. Care shall be exercised to prevent coating or paint from being spattered onto surfaces which are not to be coated or painted. Surfaces from which such material cannot be removed satisfactorily shall be refinished as required to produce a finish satisfactory to the Engineer. E. All materials shal l be applied as specified herein. F. All welds and irregular surfaces shall receive a separate brush coat of the specified product prior to application of the intermediate coat and a separate brush coat prior to the application of the finish coat. Application of stripe coat shall not be accomplished simultaneously with spray coat and shall be allowed to dry a sufficient amount of time before application of subsequent spray coat. Coating and paint shall be brushed in multiple directions to ensure penetration and coverage, as approved by the Engineer. These areas include, but are not limited to, welds, nuts, bolts, etc. Care shall be exercised to ensure dry film thickness of coatings and paints does not exceed the maximum thickness allowed by the manufacturer of the specific product being applied. All welds and irregular surfaces ultimately receiving 100% epoxy coating only require one stripe coat between the prime coat and the 100°/o solids epoxy coating. G. At conclusion of each day's blast cleaning and coating and paint operations, a 6" wide strip of blast cleaned substrate shall remain uncoated to facilitate locating point of origin Harper &Associates Engineering, Inc. Section 09800 - 14 December 2020 —Res. 3-1, 3-2, 3-3 for successive day's blast cleaning operations. H. Epoxy coated surfaces or other multi-component materials exposed to excessive sunlight or an excessive time element beyond manufacturer's recommended recoat cycle, shall be scarified by Brush-off Blast Cleaning (SSPC-SP7) or methods approved by Engineer, prior to application of additional coating. Scarified coating shal l have sufficient depth to ensure a mechanical bond of subsequent coat, as recommended by the manufacturer. All attachments, accessories, and appurtenances shall be prepared and finished in the same manner as specified for adjoining reservoir sections, except as specifically designated by the Engineer. Each successive application of coating or paint shall be of sufficient contrast in color to facilitate inspection for uniform coverage of each coat. Owner shall designate finish colors. 3.8 APPLICATION. INTERIOR EPDXY COATING SYSTEM A. Interior Surfaces Above the Bottom After completion of surface preparation as specified, all surfaces above the bottom shall receive three 5.0 mil coats of epoxy coating specified under 2.2 D. SPECIFIC INTERIOR COATING MATERIALS. Total dry film thickness of the completed system shall be a minimum of 15.0 mils a. Wedging between the rafters and roof plates a minimum of 1 '/2" shall be accomplished by the Contractor during the coating process for the purposes of coating the topside of the rafters and inspection by City's Inspector. Coating shall be accomplished in accordance with 3.7 F. APPLICATION, GENERAL. The rafter wedges shall be moved between each coat and each stripe coat. b. All roof penetrations prepared in accordance with 3.5 A. 1. shall be primed concurrently as one unit on all interior and exterior surfaces of the penetrations and shall receive first stripe coat, intermediate coat, second stripe coat and finish coat on the interior and exterior surfaces concurrently while these coats are being accomplished on the interior surfaces of the reservoir. c. Maximum dry film thickness allowed, if not specified in manufacturer's approved literature, will be as determined, in writing, by the coating manufacturer's headquarters technical representative. B. Interior Bottom Surfaces and Lower 2 Feet of the Shell &Columns After completion of surface preparation as specified, all bottom surfaces and lower 2 feet of the shell and columns shall receive the primer specified under 2.2 D. SPECIFIC INTERIOR COATING MATERIALS. Dry film thickness shall not be less than 5.0 mils. 2. After completion of prime coat, either one 22.0 mil coat or two 11.0 mil coats of coating specified under 2.2 E. SPECIFIC INTERIOR COATING MATERIALS shall Harper &Associates Engineering, Inc. Section 09800 - 15 December 2020 —Res. 3-1, 3-2, 3-3 be applied. Total dry film thickness of the system shall be not less than 25.0 mils at any point in the coated surface. a. Prior to beginning the 100% solids coating application, a 2 ft. x 2 ft. test patch on plastic outside the reservoir shall be performed. The test patch shall be sprayed to the same thickness as will be applied to the reservoir. b. Ratio tests shall be performed at the beginning of each appl ication process and performed every 4 hours thereafter until the application is completed for the day. The ratio test shall be a minimum of 12 ounces for the part requiring the least quantity. c. Maximum dry film thickness allowed, if not specified in manufacturer's approved literature, will be as determined, in writing, by the coating manufacturer's headquarters technical representative. d. If approved by the manufacturer, the stripe coat may be the same product as the prime coat noted on the product data sheet. C. Roof Junction Void, Roof Lap Joints and Other Designated Void Areas After completion of finish coat application of epoxy coating and holiday detection and touch-up, as specified, all void areas including, but not limited to, column bases, bolt holes, and roof lap joints shall be primed, if required, and filled with joint sealant as specified under 2.2 F. SPECIFIC INTERIOR COATING MATERIALS. Prior to filling joints, area shall be blown down or wiped as necessary to clean area. Voids shall be filled flush at a 1:1 angle (45 degrees) out from upper edge of the plate in accordance with the plans. a. Prior to applying the caulking at the base of the columns, the top of the column base plate and the adjacent bottom plate a distance of 1:1 ratio (45-degree angle) from top outer edge of the plate shall be masked to obtain a clean line. Remove masking after completion of the caulking. 3.9 QUALITY ASSURANCE, INTERIOR, EPDXY COATING SYSTEM A. All coating components shall be mixed in exact proportions specified by the manufacturer. Care shall be exercised to ensure al l material is removed from containers during mixing and metering operations. B. All coatings shall be thoroughly mixed, utilizing an approved slow-speed power mixer until all components are thoroughly combined and are of a smooth consistency. Coatings shall not be applied beyond pot-life limits or recoat cycles specified by manufacturer. C. Thinners shall be added to coating materials only as required in accordance with manufacturer's printed literature and in the presence of the Engineer. Quantities of thinner shall not exceed limits set by applicable regulatory agencies. D. Application shall be by airless spray method, except as otherwise specified. Drying time between coats shall be strictly observed as stated in manufacturer's printed instructions, except there shall be a minimum of 12 hours between coats. Harper &Associates Engineering, Inc. Section 09800 - 16 December 2020 —Res. 3-1, 3-2, 3-3 E. Maximum time to recoat shall be strictly observed as stated in the manufacturer's printed instructions. Contractor shall be responsible for all cost associated with application of coating within the recoat window. If the maximum recoat window is violated, the Contractor will be required to brush-off blast the surfaces as required by the manufacturer and the Engineer. The Contractor will be required to provide a fine abrasive that wil l not unnecessarily damage the coating to be scarified. If recoat violation is caused by the Contractor's schedule, all costs for brush-off blasting will be borne by the Contractor. F. When two or more coats are specified, where possible, each coat shal l contain sufficient approved color additive to act as an indicator of coverage or the coats must be of contrasting color. G. Care shall be exercised during spray operations to hold the spray nozzle perpendicular and sufficiently close to surfaces being coated, to avoid excessive evaporation of volatile constituents and loss of material into the air or the bridging of cracks and crevices. Reaching beyond limits of scaffold perimeter wil l not be permitted. All overspray identified by Engineer shall be removed by hand or pole sanding prior to application of subsequent coat. H. Joint sealant may be applied by caulking gun, trowel or other approved method. Sealant shall be pressed firmly into voids to ensure 100% filling/sealing and applied at 1:1 ratio (45-degree angle) from the top edge of the plate. See detail in the plans. Upon completion of coating operations and prior to caulking, after curing interval in accordance with manufacturer's recommendations, holiday detection shall be accomplished, with a wirebrush electrode, using the specified instrument at 1,500 volts for the roof and shell surfaces and at 2,500 volts for all surfaces with 100% epoxy coating. Repair and retesting shall be accomplished as specified under 1.4 QUALITY ASSURANCE. Engineer is not precluded from verifying adequacy of holiday testing by accomplishing holiday detection of selected areas, using his own holiday detector. Upon completion of coating application to bottom surfaces, lower shel l surfaces of completed epoxy coating which may have been subjected to damage from abrasive blast cleaning of bottom surfaces shall be hol iday detected again and repaired as noted above. All mixing, thinning, application and holiday detection of coatings shall be accomplished in the presence of the Engineer. K. A time element equivalent to 7 days curing time at 70 degrees F and 50%relative humidity shall be allowed before placing the epoxy coating into service, as determined in 3.10 FINAL CURING OF EPDXY COATINGS. 3.10 FINAL CURING OF EPDXY COATINGS A. Upon completion and acceptance of applied coating system, Contractor shall furnish an approved exhaust fan or blower of sufficient capacity to ensure removal of solvent vapors during curing process. The fan or blower, after approval by Engineer, shall be installed as approved by the Engineer and shall remain in continuous operation until coating is completely cured as determined by the manufacturer of the coating system. Operation Harper &Associates Engineering, Inc. Section 09800 - 17 December 2020 —Res. 3-1, 3-2, 3-3 and maintenance of blower during curing operations shall be the responsibility of the City if Contractor has completed all ongoing work and workers are not working at the site. In the event of blower malfunction, City will immediately notify Contractor, who will be responsible for immediate repair of blower or furnishing of another operating blower until completion of curing operations. If dehumidification is being used, the equipment shall remain in-place and run continuously during all curing operations. B. After completion of curing cycle as noted above, the Contractor shall test the applied coating with a solvent rub test performed in accordance to ASTM D5402 to verify, to the Engineer, adequate curing has been attained. If final cure has not been attained, based on above tests, ventilation shall be continued until applied coating passes the "acetone wipe-test" or "hardness test". C. After final cure is approved by Engineer, Contractor shall remove fan or blower. 3.11 APPLICATION EXTERIOR PAINT AND QUALITY ASSURANCE FOR PAINT SYSTEMS A. After completion of surface preparation as specified, al l exterior surfaces, piping and equipment boxes shall receive the primer specified under 2.4 D. SPECIFIC EXTERIOR PAINT MATERIALS. Dry film thickness shall not be less than 5.0 mils. Manufacturer shall provide recoat window guidelines for product based on temperature variations with minimum and maximum recoat windows. B. After proper drying interval , primed areas shall be carefully inspected to determine if paint edges have lifted or if other defects exist. If necessary, repairs shall be accomplished, using procedures as specified herein to affect a smooth transition between primer and subsequent coats. C. The primer shall be clean, dry and show no evidence of oxidation, after which all surfaces shall receive the intermediate coat specified under 2.4 E. SPECIFIC EXTERIOR PAINT MATERIALS to a dry film thickness of 3.0 mils. Manufacturer shall provide recoat window guidelines for product based on temperature variations with minimum and maximum recoat windows. D. After specified drying interval , all exterior surfaces shall receive the finish coat specified under 2.4 F. SPECIFIC EXTERIOR PAINT MATERIALS to a dry film thickness of 3.0 mils. If the finish coat is applied by rolling, two coats of finish coat shall be applied. E. Total dry film thickness of the completed three-coat system shall not be less than 11.0 mils at any point in the surface where bare metal was originally exposed, or less than 8.0 mils above the previous thickness where the new two-coat system was applied over existing paint. Prior to start of intermediate coat application, Contractor and Engineer shall conduct spot dry film thickness tests to determine the minimum dry film thickness Harper &Associates Engineering, Inc. Section 09800 - 18 December 2020 —Res. 3-1, 3-2, 3-3 of the existing paint system. A mutual agreement shall be reached as to the specific dry film thickness of the existing paint system, which shall then be used in determining if sufficient additional paint has been applied over the existing paint. a. Maximum dry film thickness allowed, if not specified in manufacturer's approved literature, will be as determined, in writing, by the paint manufacturer's headquarters technical representative. b. Paint shall not be applied when wind speed exceeds fifteen miles per hour. 2. Prior to applying the finish coat, the reservoir bottom plate extension (BPE) shall receive two brush coats of the epoxy coating. F. Upon completion of exterior painting operations, inspection shall be accomplished as specified under 1.4 QUALITY ASSURANCE. All applicable sections of 3.9 QUALITY ASSURANCE, INTERIOR, EPDXY COATING SYSTEM shall apply to exterior painting operations. G. All mixing, thinning, application and holiday detection of coatings and paints shall be accomplished in the presence of the Engineer. H. Color Scheme: The Contractor shall submit a current chart of the manufacturer's available colors to the City's representative ten days prior to start of painting operations. The Contractor shall supply the City with five extra gallons of both the epoxy and urethane paints used for the exterior surfaces. 3.12 DISINFECTION A. Disinfecting of interior surfaces of the reservoir shall be accomplished in the presence of the Engineer and City's Operations, in conformance to AVWVA Standard C652 Section 4.3 Chlorination Method 2 as modified herein: Disinfection shall be accomplished after completion and acceptance by City of all interior recoating and curing of coating as required in 3.10 FINAL CURING OF EPDXY COATINGS. 2. Prior to disinfecting, the complete interior shall be cleaned with an approved cleaner or detergent applied via high pressure method. If deemed necessary by Engineer because of contaminants remaining on surfaces, immersed areas shall be scrubbed with a brush or similar implement which will apply force and pressure to the surface to completely remove residual solvents and other surface contaminants. 3. Contractor shall coordinate with the City to purge all reservoir piping to remove stagnate water and any debris trapped in the line prior to disinfecting the interior of the reservoir. 4. Cleaned surfaces shall then be rinsed with clean water. Residual water and contamination removed during washing process shall be thoroughly flushed from reservoir. Contractor shall obtain approval of City prior to draining any residual Harper &Associates Engineering, Inc. Section 09800 - 19 December 2020 —Res. 3-1, 3-2, 3-3 water to waste. This operation shall be accomplished after completion of interior coating work as directed by the Engineer. 5. After completion of cleaning cycles as noted above, all interior surfaces shall be jet washed with a chlorine or chloramine solution having a content of 200 PPM. Chlorine or chloramine solution used to disinfect the interior of the reservoir shall remain in the bottom of the reservoir when the reservoir is filled. a. Contractor shall furnish and install new white NSF approved gaskets and stainless steel blue coated nuts and bolts for the manholes and seal-up the reservoir. 6. Once the reservoir has been completely filled, the reservoir will be isolated from the water system and the City will take a Bac-T test. Should the Bac-T test fail , the Contractor will be responsible for reimbursing the City for the rejected and drained water and will be required to re-chlorinate the reservoir as described above until the Bac-T tests are negative. 3.13 TESTING FOR VOLATILE ORGANIC COMPOUNDS (VOC'S) A. To monitor the presence of VOC's leached into the water from the coating process, the following procedure shall be utilized: After satisfactory curing, the reservoir shall be filled by City in accordance with standard filling procedure. Water shall then be retained for a period of five days. 2. On the sixth day following completion of the filling of the reservoir, the City will perform a "sniff" test to determine if unacceptable chemical odor is present. 3. On the sixth day following completion of filling of reservoir and passing the "sniff test", samples of water shall be removed by City, in accordance with latest SWRCB Division of Drinking Water memoranda. Samples shall then be forwarded, by City, to an approved test laboratory for testing to determine presence of VOC's. 4. After testing of samples, results must show levels of leached organics to be in accordance with levels established by the SWRCB Division of Drinking Water for various VOC's. Results will be verified by SWRCB Division of Drinking Water. 5. If levels of leached organics exceed those acceptable to the SWRCB Division of Drinking Water, the reservoir shall be drained, flushed, refilled and retested at the Contractor's expense. Failure of the reservoir to attain levels acceptable to the SWRCB Division of Drinking Water shall be the responsibility of the Contractor and remedial measures to attain such levels shall be at his sole expense. 6. If leached organics produce any taste and odor objectionable to consumers of the water from the reservoir, the reservoir shall be drained, re-cleaned, flushed, refilled and retested at the Contractor's expense. Failure of the reservoir to be taste and odor-free shall be the responsibility of the Contractor and remedial measures to attain such a condition shall be at his sole expense. Harper &Associates Engineering, Inc. Section 09800 - 20 December 2020 —Res. 3-1, 3-2, 3-3 3.14 CLEANUP A. Upon completion of the work, all staging, scaffolding and containers shall be removed from the site or destroyed in a manner approved by the Engineer. Coating, paint and thinner containers, and excess coatings, paints and thinners, shall be disposed of in conformance to current regulations. Coating or paint spots upon adjacent surfaces shall be removed and the entire job site cleaned. All damage to surfaces resulting from the work of this section shall be cleaned, repaired or refinished to the complete satisfaction of the Engineer at no cost to the City. B. Upon completion and acceptance of all coating and painting operations, site soil shall be retested by City, in same locations tested prior to start of work, for presence of lead or other heavy metals. Testing shall be accomplished by the same laboratory as the original testing under requirements of Title 22. If soils contain excessive levels of lead or other heavy metals above those levels determined by testing at start of work and beyond acceptable levels of current regulations, Contractor shall be responsible for removal and disposal of contaminated soil, and returning the site to its original condition. Copies of laboratory analyses reports shall be forwarded to Contractor immediately upon receipt from laboratory, prior to start of any work. Any required remediation schedule will be determined by the City. 3.15 OMISSIONS Care has been taken to delineate herein those surfaces to be coated or painted. However, if coating and painting requirements have been inadvertently omitted from this section or any other section of the specifications, it is intended that all metal surfaces, unless specifically exempted herein, shall receive afirst-class protective system equal to that given the same type surface pursuant to these specifications. END OF SECTION Harper &Associates Engineering, Inc. Section 09800 - 21 December 2020 —Res. 3-1, 3-2, 3-3 SECTION 13200 -MISCELLANEOUS STRUCTURAL MODIFICATIONS SPECIFICATION PART 1 -GENERAL 1.1 PURPOSE This specification establishes methods and procedures for miscellaneous structural and safety modifications. 1.2 APPLICABLE STANDARDS AND SPECIFICATIONS A. Welding and design shall be accomplished in conformance to the latest revision of AWWA D100 Standard for Welded Steel Tanks for Water Storage. Where tolerances and details are not defined by the AVWVA Standard, the applicable sections of the American Petroleum Institute (API) Standard 650 shall apply. Welders shal l be certified to the procedure and process cal led for in the work, and certification papers shall be on file with the Contractor at the job site, or in possession of welders at all times. B. Contractor is to submit shop drawings or sketches in detail of each item to be added, replaced or modified, as noted in 1.4. Contractor is responsible for verifying all measurements in the field before fabrication or installation of any items as typical drawings may not accurately represent actual field conditions. 1.3 CONTRACTOR The Contractor shah be licensed under the laws of the State of California in the classification of General Engineering "A". 1.4 SUBMITTALS A. Six copies of detailed shop drawings or sketches of field work and required calculations shall be submitted to the Engineer for review for all structural work. Drawings or sketches shall contain sufficient details to clearly define work to be accomplished. Fabrication or installation shall not be commenced prior to review and approval of shop drawings or sketches. B. An electronic submittal will be accepted in only the following format. 1. The file shall be in pdf format. 2. Each project submittal shall be a separate file. 3. Each file shall be labeled in the following sequence: a. Owner Name/Project Name b. Submittal No. c. Description 1.5 QUALITY ASSURANCE Welding procedures and welding operators shall have been qualified in accordance with AVWVA D100 Standard. All butt joints shall be complete penetration and fusion of joints. All completed welds shall be free of slag and al l finish steel surfaces free from weld spatters. Harper &Associates Engineering, Inc. Section 13200 - 1 December 2020 —Res. 3-1, 3-2, 3-3 Examination of the welded joints shall be made as the work progresses in accordance with API 653 Section 10 (Revised), herein included as part of this specification. PART 2 -MATERIALS OF CONSTRUCTION 2.1 GENERAL A. All materials specified are those which have been evaluated for the specific use. Any proposed substitutions must be submitted to the Engineer prior to the bid opening. B. All steel plate components shall be fabricated from new ASTM A-36 material and al l new carbon steel pipe shall be ASTM A-53 material. Contractor shall provide certified mill test reports for all steel plate and pipe. C. Materials of construction not specified as noted herein, shall be as noted in applicable sections of Standard Specifications for Public Works Construction, latest edition. 2.2 PRODUCTS A. Vent Screening: Shall be aluminum wire 20 mesh and 2 mesh from TWP or approved equal . 1. Banding and Straps: Shall be'/2" aluminum banding with aluminum wing seals from metrosupplycollc.com or approved equal 2. Tensioning Tool : Push bar tension for securing banding shall be from metrosupplycollc.com or approved equal . B. Ladder Safety System: 1. Fall prevention device shall be a Saf-T-Climb rigid rail fall prevention system by Miller Products or approved equal . 2. The safety sleeve shall be a Saf-T-Climb shuttle assembly model 602-100-003 by Miller products or approved equal. 3. The safety harness shall be a Saf-T-Climb Harness model 733-201-002(3) by Miller Products or approved equal . C. Fall Restraint System: 1. Wire Rope: Shall be'/n" S.S. 7 x 19 wire rope with clear vinyl coating from McMaster- Carr 8912T754, Landmann, US Cargo Control or approved equal 2. Carabiner: Carabiners shall be Miller 17D-1, DBI Sala or approved equal. 3. Compression Sleeves: Shall be tin-plated copper alloy from McMaster-Carr 3883T47, Nicropress, or approved equal 4. Thimble: Shall be McMaster-Carr 3868T45 or approved equal D. Hatch Edqe Trim: Edge trim for perimeter of hatch curb shall be Duro 55A No. 8507K54 by Harper &Associates Engineering, Inc. Section 13200 - 2 December 2020 —Res. 3-1, 3-2, 3-3 McMaster-Carr or approved equal . E. Passive Check Valve: Passive check valve shall be a neoprene slip on Smart Tideflex TF- 2, Onyx Valve Series DBS or approved equal. F. Nuts and Bolts: All hex head bolts and nuts used on the reservoirs shall be galvanized conforming to ANSI/ASME hB18.2.1 and ANSI/ASME B18.2.2. All thread compound used on bolted connections shall be NSF 61 approved. Flange insulation kits shall be used at all stainless steel bolts in contact with carbon steel . Insulating flange kits shall include insulating sleeves, gaskets, and insulating washers for each flange bolt. Sleeves shall be full length and shall cover entire bolt. Insulating gaskets shall be full-faced. G. Mixing and Chemical Feed System: Furnish and install the complete Big Wave Water Technologies (BigWaveWater.com) mixing and chemical feed system in accordance with the data sheets included in Appendix A as follows: 1. Chemical Feed Skids assembly 2. CBS Control Panel with NEM 4X FRP 24" W x 30.5" H x 14" D enclosure 3. Depolox 400 M Chlorine Analyzer 4. Venturi Sample Recovery System with Centrifugal Pump-March Pump 5. Tidal Wave Water Mixer 6. All Schedule 80 PVC and Wiring 7. EB-132 Series Retractable Injector with '/2" Solution Tube and Assembly PART 3 -EXECUTION 3.1 GENERAL A. All work shall be executed in accordance with the requirements of the American Water Works Association Standard D100, latest revision, the City, and these specifications. Where the foregoing standards, recommendations, and specifications are conflicting, said conflicts shall be brought to the attention of the Engineer. B. All work shall be executed by skilled craftsmen qualified to accomplish the required work in a manner comparable with the best standards of practice. Resumes of personnel to be used on the project shall be submitted upon Notice of Award. Continuity of personnel shall be maintained and transfers of key personnel shall be coordinated with the Engineer. C. The Contractor shall provide a supervisor to be at the work site during all operations. The supervisor shall have the authority to sign any change orders, coordinate work and make other decisions pertaining to the execution of their contract. D. The Contractor shall cooperate with the City who may be conducting other operations on or near the reservoir. E. Provide safeguards, including warning signs, barricades, temporary fences, warning l ights, and other similar items that are required for protection of all personnel during demolition and removal operations. F. All installation and repair work shall be accomplished in such a way as to minimize reservoir down-time. All repair operations shall be completed so as not to impair completion schedule Harper &Associates Engineering, Inc. Section 13200 - 3 December 2020 —Res. 3-1, 3-2, 3-3 for project, which includes subsequent recoating and repainting of reservoir by others. G. The Contractor shall coordinate with the City at least seven (7) days before starting work at the site. H. All equipment, piping, and surfaces of the reservoir shall be protected from all damage and dust or other deleterious material infiltration during the operations of the Contractor. Any items damaged by the operations of the Contractor shall be replaced in kind or acceptably repaired to the satisfaction of the Engineer by the Contractor at no cost to the City. All work shall be made accessible to the Engineer at all times. The City may use own forces, engage full-time independent inspection services, or perform inspections intermittently. The Contractor is to supervise the job properly between inspections. Wherever a cutting torch or other equipment that might cause a fire is used, provide and maintain fire extinguishers nearby ready for immediate use. Instruct all possible users in use of fire extinguisher. K. The Engineer shall inspect the cleaning of pitted areas prior to welding and following post-weld repair applications. L. Any burrs, weld spatter, sharp edges, corners, or rough welds which would cause difficulty in achieving adefect-free paint system shall be chipped or ground smooth in conformance to NACE Standard RP0178-latest edition. It is not the intent to have the welds or "scars" ground "flush". The object of the grinding is to eliminate sharp edges, corners, and overlaps to provide a surface for the application of a uniform thickness of coating or paint without voids or other defects. M. Should vents, holes, rigging attachments, or any other modification, cutting or welding be required to meet safety standards, they may be accomplished at the expense of the Contractor upon submitting of details in writing to, and with subsequent approval by the Engineer. N. Where it is necessary to abrasively blast clean or chemically strip coated or painted areas prior to, and after, any welding operations, work will be coordinated with the Engineer. O. Any remedial cleaning, coating, and painting application shall be accomplished in accordance with the requirements listed in Section 3.2 below and Technical Section 09800. P. The Contractor's equipment shal l be designed for installation of materials specified and shall be maintained in first class working condition. Contractor's equipment shall be subject to approval of the Engineer. Q. The Contractor shall provide, at his own expense, al l necessary power and scaffolding required for his operations under the contract. The interior of the reservoir will be recoated upon completion and acceptance of the structural modifications. Contractor may privately arrange for the coating and painting contractor to furnish scaffolding for accomplishment of all structural work prior to use of scaffolding for his work. Harper &Associates Engineering, Inc. Section 13200 - 4 December 2020 —Res. 3-1, 3-2, 3-3 3.2 HEAVY METAL COMPLIANCE AND TESTING Contractor shall comply with requirements of Department of Health Services and Cal/OSHA Title 8 for worker protection during removal of paint and handling of hazardous wastes resulting from surface contamination and any removed paint particles. Prior to removal , modification or installation of any materials or fittings, Contractor will remove existing interior coating and exterior paint where cutting, burning and welding will be accomplished. If any additional exterior paint is to be removed, submittal of a written plan of action for the project shall be accomplished by Contractor prior to start of project. 3.3 MODIFICATIONS AND REPAIRS A. Welding: Welding shall be accomplished as specified herein and in conformance to referenced standards and industry practice. B. Drawing and Sketches: Available original site, piping and accessory drawings and miscellaneous typical sketch drawings are included as specific references. Contractor is to submit shop drawings or sketches in detail of each item to be added, replaced or modified as noted in 1.4. C. New Center Vent (ALL): Remove the existing center vent and roof plates, as determined necessary by the Engineer. Furnish and install a new 48"diameter center vent, cover, 3/16" thick reinforcing plate, and new roof plates, as needed. Vent shall conform to details shown on the drawing. Bolts and nuts for the vent shall be either coated carbon steel or galvanized. Install insulation sleeves and gaskets where dissimilar metals touch. Screening for vent shall consist of 20 mesh aluminum screening on inside with 2 mesh aluminum backup on outside secured with aluminum banding, in accordance with Section 2.2 A. D. Guardrailinq (ALL): Remove and dispose of the existing guardrail diagonal supports and fabricate and install all new guardrailing returns with kickplates at the roof hatch/work areas and catwalks, as shown on the plans. Pipe sections shall be used, provided they meet current Cal/OSHA requirements. Guardrailing layout shall be field verified prior to fabrication. E. Secondary Roof Hatch (ALL): Furnish and install an approved 36" x 36" hatch with hinged aluminum cover at location noted on the plans. Hatch curb must penetrate the roof a minimum of 1" and a maximum of 2" on the low side and be seal welded on the interior and exterior of the roof. Furnish and install a 1-inch diameter coupling in the hatch curb for the mixing system wiring. 2. Furnish and install an anchor welded to the interior of the hatch curb for the mixing system wiring. 3. Furnish and install edge trim on perimeter of hatch curb in accordance with Section 2.2 D. F. Saf-T-Climb Device, Interior (ALL): Furnish and install an approved galvanized Saf-T-Climb fall prevention device on the existing interior ladder in accordance with Section 2.2 B. and the plans. A dismount section shall be included on the interior ladder. Hardware shall be Harper &Associates Engineering, Inc. Section 13200 - 5 December 2020 —Res. 3-1, 3-2, 3-3 installed in accordance with manufacturer's instructions as noted in Figure No. 9 and Figure No. 11, including palnuts. Remove and dispose of the existing device in Reservoir 3-3. G. Fall Restraint System (ALL): Remove and dispose of the existing fall restraint system and furnish and install two new stainless steel cable assemblies as shown on the plans and in accordance with Section 2.2 C. Cable shall be stainless steel aircraft cable, 7 x 19 construction with a plastic sleeve the full length of the cable. Cable collar around the center vent at the top of the roof shall be '/4" diameter cable, placed in a plastic sleeve to prevent paint damage. Use a minimum of two swaged stainless steel or copper alloy oval sleeves to connect the lapped ends of the cable. Cable shall also show a maximum of 2" greater diameter than the center neck at the roof. Cable shall rest freely upon the roof after installation. The two new stainless steel fall prevention personnel cables shall be '/4" diameter and shall be fabricated with a swaged loop at the center vent attaching point, and a swaged carabiner. The carabiner shall be double locking with a minimum tensile strength of 5,000 pounds and a minimum gate face of 3,600 pounds. The length of each personnel cable shall terminate 42" from outer edge of the roof when attached to center cable. 2. All cables shall contain stainless steel tags with proper identification in accordance with ANSI/ABBE 2359.1-1999. H. New Overflow Pipe (ALL): Remove and dispose of the existing 12" overflow shell nozzle, pipe, brackets, and pipe support. Furnish and install a new shell nozzle, pipe, and brackets, in accordance with the plans. The interior and exterior of the pipe shall be coated and painted in accordance with Section 09800. A Tideflex flanged passive check valve, as noted in Section 2.2 E., shall be installed after painting. The valve shall open with 2 in. of water and withstand zero backpressure. Existing Liquid Level Indicator (ALL): Remove and dispose of the existing liquid level indicator assembly, gauge board, and piping. Holes in roof shall be plated over with a ~/4" thick steel plate. Plate shall extend three inches beyond holes with a 100% fillet seal weld around perimeter of plate. Concrete Grade Band (ALLY,: Remove asphalt, gravel, and dirt between the concrete grade band and bottom plate extension. Remove and dispose of the gravel and dirt within the grade band to a depth of 6" below the bottom plate extension around the entire perimeter of the reservoir. Place '/2" maximum gravel within the grade band up to the bottom of the bottom plate extension. Any voids under the reservoir shall be filled and compacted with soil prior to placing the new gravel. K. Coupling and Ball Valve (ALL): Furnish and install a 1-inch diameter 3000# full female threaded coupling with nylon bushings and with 1-inch diameter stainless steel ball valve at location designated by the City. L. Interior Ladder (3-1): Remove and reinstall the existing interior ladder. Existing braces shall be cut as needed to provide minimum of 30" head clearance within the roof hatch. Galvanized bolts used to secure the ladder shall be isolated from the carbon steel braces. Harper &Associates Engineering, Inc. Section 13200 - 6 December 2020 —Res. 3-1, 3-2, 3-3 Ladder must be aligned with the hatch in a manner that allows a person safe access to the ladder. M. Primary Roof Hatch (3-2): Remove and dispose of existing hatch and furnish and install an approved 36" x 36" hatch with hinged aluminum cover at location noted on the plans. Hatch curb must penetrate the roof a minimum of 1" and a maximum of 2" on the low side and be seal welded on the interior and exterior of the roof. Furnish and install edge trim on perimeter of hatch curb in accordance with Section 2.2 D. N. Interior Ladder Runq (3-3): Remove and dispose of the top rung of the existing interior ladder. The rung shall be cut flush with the side rail and shall be ground smooth to present an integrated interface with the side rail . O. Catwalk Diamond Plate (3-2 and 3-3): Remove and dispose of the existing catwalk diamond plate and furnish and install new diamond plate in like kind. The existing plate shall be cut free without damaging the catwalk steel frame or guardrail kickplates. New diamond plate shall be seal welded to the catwalk steel frame. P. Pit/Perforation Treatment (ALL): Excessively pitted, corroded, or perforated areas shall be either filled with weld metal and ground smooth or covered with a metal plate of the same plate thickness, as determined necessary by the Engineer. Plate shall extend six inches beyond pit or perforation with a 100% fillet weld around perimeter of plate. This work wi ll be accomplished on an hourly rate time and material basis. Q. Grindin_ q(ALL): Excessively corroded areas on the rafter flanges, knuckle braces, and structural members that comprise of sharp edges from sandblasting shall be ground smooth and rounded, as determined necessary by the Engineer. This work will be accomplished on an hourly rate time and material basis. R. Inspection Blasting (ALL): Excessively corroded areas of the structural members shall be abrasive blast cleaned to remove severe corrosion, as determined necessary by the Engineer. Engineer shall inspect the blast cleaned areas using Contractor's scaffold following the blasting to determine whether optional bid items will be needed. S. Rafter Replacement (3-3): Remove 5 ft . section of existing severely corroded rafters at the center support, as determined necessary by the Engineer, and replace with new rafter sections in like kind. The top of the rafters shall be shop coated in accordance with Section 09800 prior to installation. Work shall be accomplished on the basis of each. The Contractor may NOT cut holes in the roof to install the rafters. Existing rafters for the reservoir are approximately W12x16. The Contractor shall field verify the rafter sizes and lengths prior to fabricating. 3.4 MIXING AND CHEMICAL FEED SYSTEM A. Furnish and install the complete Big Wave Water Technologies mixing and chemical feed system in accordance with Section 2.2 G., the plans, and as follows: Furnish and install four (4) each 1-inch diameter 3000# full female threaded couplings with nylon bushings and with 1-inch diameter stainless steel ball valves at locations noted on the plans. Harper &Associates Engineering, Inc. Section 13200 - 7 December 2020 —Res. 3-1, 3-2, 3-3 2. Furnish and instal l Type k copper piping from the designated coupling underground to the location noted on the plans adjacent to the control panel . Terminate the copper piping with 1-inch diameter stainless steel ball valve by securing to the unistrut on the shell , in accordance with the plans. 3. Conduit Unistrut: Furnish and seal weld new 1-foot long unistruts to the shell adjacent to the control panel to support the new mixing system conduit. The unistruts shall be spaced a maximum of 6 feet apart. 4. Furnish and install a 12" x 12" aluminum junction box adjacent to the new roof hatch. 5. Furnish and install a rigid metal hot dipped galvanized conduit in accordance with ANSI C80.1 from the control panel to junction box adjacent to the hatch and to the roof hatch. 6. Seal weld 3" x 3" x ~/4" x 2' long braces to the shell for mounting the control panel below the secondary roof hatch. The bottom of the control panel shall be 3 feet maximum above the grade. 3.5 TESTING A. The Contractor shall furnish all material, labor and equipment necessary to test the modifications as specified herein. Testing shall be completed prior to acceptance of work as complete and meeting the requirements of the specification. B. Spot examination of the welded joints shall be made as the work progresses by magnetic particle, dye penetrant method, or by spot radiographic examination as applicable. C. All defects uncovered by testing process shall be corrected and retested until such defects are eliminated. D. Contractor shall provide a watertight installation. After flushing of the chlorinated water and upon filling of the reservoir, any leaks which occur on the reservoir or appurtenant piping shall be repaired by the Contractor at his expense and to the satisfaction of the Engineer. 3.6 CLEANUP Upon completion of the work, all staging, erection brackets, scaffolding and debris shall be removed from the reservoir and site and disposed in a manner approved by the Engineer. The entire job site shal l be left in a clean condition. END OF SECTION Harper &Associates Engineering, Inc. Section 13200 - 8 December 2020 —Res. 3-1, 3-2, 3-3 SECTION 16641 -CATHODIC PROTECTION BY GALVANIC ANODES PART 1 -GENERAL 1.1 DESCRIPTION A. This section addresses materials, installation, and testing requirements for new interior sacrificial anode cathodic protection systems on three (3) existing welded steel water storage reservoirs. The reservoirs are known as the 3-1, 3-2 and 3-3 reservoirs, respectively, and each has a capacity of 1.OM gallons and are identical in dimensions. The interior of the reservoirs will have a new epoxy coating. B. The work includes supplying all materials, tools and labor to install the following: sacrificial magnesium rod anodes and cables, cutting of new five (5) inch diameter anode handholes in the roof plates, providing six (6) inch diameter steel anode handhole covers, anode and cable mounting and suspension hardware and internal/external mounted potential monitoring test equipment. C. The Contractor performing all cathodic protection installations shall be a licensed Electrical Contractor in the State of California (C-10 minimum classification) and shall have a minimum of five (5) years of practical experience with successful histories of similar cathodic protection reservoir work. Upon request, the Contractor shall substantiate this requirement by furnishing a written list of appropriate references with contact names, phone numbers and years) of installation and project titles. 1.2 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Commercial Standards: The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designations only. ASTM B107-13 -Standard Specification for Magnesium-Alloy Extruded Bars, Rods, Tubes and Wire 2. ASTM D1248-12 - Standard Specification for Polyethylene Plastic Extrusion Materials for Wire and Cable 3. NACE SP0196-15 -Galvanic Anode Cathodic Protection of Internal Submerged Surfaces of Steel Water Reservoirs 4. NSF/ANSI 61-13 -Drinking Water System Components —Health Effects 1.3 SUBMITTALS A. Submit only the following for review and approval by the Owner's Corrosion Engineer: 1. Anodes 2. Wire and Cable 3. Anode Handhole Covers 4. Potential Meter and Enclosure 5. Permanent Reference Electrode Harper &Associates Engineering, Inc. Section 16641 - 1 December 2020 —Res. 3-1, 3-2, 3-3 B. Submit shop drawings in accordance with Owner's requirements. Shop drawings to include specific anode core to lead wire connections. C. An electronic submittal will be accepted only in the following format: 1. The file shall be in pdf format. 2. Each project submittal shall be a separate file. 3. Each file shall be labeled in the following sequence: a. Owner's Name/Project Name b. Submittal No. c. Description 1.4 MANUFACTURERS All materials furnished under this specification shall be standard products of manufacturers regularly engaged in the manufacture of such products and equipment and shall be the manufacturer's latest design that complies with the specification requirements. All materials shall be manufactured in the USA where feasible. PART 2 -MATERIALS 2.1 ANODE HANDHOLE COVERS Anode hole covers shall be circular 3/32" (min.) thick galvanized, cadmium plated or zinc plated mild steel or bare stainless steel, six (6.0) inches in diameter, with a 1/2" diameter centered stainless steel through bolt. A galvanized or cadmium plated steel bar or 1/2" thick FRP (fiberglass reinforced plastic -not PVC) bar shall be utilized to hold the cover in place and shall be dimensioned as shown in the Plans. The bar shall be factory drilled and tapped to accept the 1 /2" cover bolt. The end of the bolt shall be peened or saw cut with a slot to prevent the bar from coming off the bolt. A 6" dia., full face, 0.100" thick (min.) neoprene rubber gasket with a 9/16" diameter center hole shall be provided under the cover to seal the cover to the anode handhole in the roof plate. An additional EPDM or neoprene rubber grommet shall be provided between the roof plate and the neoprene cover gasket to facilitate future removal of the cover. 2.2 ANODES A. ASTM B107 Magnesium Rod, Galvorod Alloy (Dow Chemical) Certified (Standard Potential - 1.4/1.5 VDC —max. open circuit voltage to CSE) or approved equal. High potential (primary grade) anodes shall not be utilized for this project. Anodes shall be NSF/ANSI Standard 61 certified with accompanying certification paperwork. Chemical composition of the anode shall be as follows: a. Aluminum b. Manganese c. Zinc d. Silicon e. Copper f. Nickel 2.5-3.5% maximum 0.20% minimum 0.7-1.3% 0.05% maximum 0.01 %maximum 0.001 %maximum Harper &Associates Engineering, Inc. Section 16641 - 2 December 2020 —Res. 3-1, 3-2, 3-3 g. Iron 0.002% maximum h. Other (each) 0.05% maximum i . Other (total) 0.30% maximum j. Magnesium Remainder Bare Anode Weight: 25 pounds (min.) for 10-foot long rod (2.024" dia.) 2. Anode Diameter = 2.024 inches O.D. ± 0.024" Rod anodes shall be continuously cast or extruded with a centrally located 0.188" diameter iron wire core and shall be supplied with the anode lead wire conductor both factory silver soldered and hydraulically crimped or split bolted to the core. The entire soldered/crimped connection shall be completely encapsulated in a water- proof heat shrinkable sleeve followed by an epoxy potting compound contained within an additional PVC sleeve or an overall heat shrinkable sleeve. 3. Anodes must be NSF 61 certified with accompanying NSF paperwork and approved manufactures are Galvotec Alloys, Inc., Timminco Limited, MaxMag, Mag Specialties or other approved equal. 2.3 ANODE LEAD WIRES Anode lead wires shall be AWG #8 stranded copper conductors, ASTM D-1248 Type 1, Class A, Type CP, HMW/PE insulated (black), insulation thickness 0.110", not less than 20' in length and extend to the roof plate connection without splicing. 2.4 POTENTIAL METER AND ENCLOSURE An analog DC voltmeter shall be provided in an external enclosure to allow for measurement of interior structure-to-water potentials. The meter shall read from 0-2.0 volts DC (VDC) and have a minimum internal resistance of 100K ohms per volt (~/V) sensitivity. Meter shall be at least 2-1 /2" square and the face of the meter shall be permanently marked with a "green arc" from -0.850V to -1.200V and a "yellow arc" from - 1.200V to -2.000V. The meter circuit shall be provided with an external "push-to-read" momentary switch, which is normally "off' or "open" (NO). The voltmeter and switch shall be mounted on a PVC or acrylic board as shown. The enclosure for the meter shall be a polycarbonate or fiberglass (not steel) NEMA 3R (rain tight) box with a hinged cover. The box shall be similar to a Stahlin type or style with a gasket built into the cover for sealing. Box size shall be 8" x 8" x 4" and the cover shall have a hasp for padlocking the cover to the box. The meter and enclosure shall be the Model GMC-808-HPL as manufactured by GMC Electrical of Corona, California or approved equal. 2.5 PERMANENT REFERENCE ELECTRODE The copper-copper sulphate permanent reference electrode shal l be the "Staperm", Model Cu-2-FW and shall be a 1-1/8" diameter x 8" long ABS (yellow) plastic housing with an internally coiled (spiral wound) 1/8" diameter 99.9% pure copper rod suspended in a saturated laboratory-grade copper sulphate (CuSO4 ) conductive paste. The electrode shall contain achloride-ion (CI-) trap and utilize a ceramic electrolyte contact plug on the Harper &Associates Engineering, Inc. Section 16641 - 3 December 2020 —Res. 3-1, 3-2, 3-3 bottom end. The design life shall be a minimum of 20 years with a stability of ± 5 millivolt (mV) under a 3 micro-amp (~A) load. The electrode cable size shall be stranded AWG #14 copper with RHH-RHW (yellow) insulation and be of sufficient length to reach from the electrode to the external potential meter enclosure without splicing. Do not allow any other cabling or lead wires to be within the reference conduit. The electrode shal l be as manufactured by GMC Electrical of Corona, California or approved equal . PART 3 -EXECUTION 3.1 INSTALLATION The following installation procedures shall be accomplished with the reservoir wet (in service) or dry (Owner's option). The anodes will be suspended from the interior roof plates as shown in the Plans and shall meet all requirements of NACE Standard SP0196-15. 3.2 ANODE HANDHOLES The Contractor shall cut new, exactly circular, 5" diameter holes in the roof plates at the locations shown. Holes may be either flame cut or by the use of a magnet-mount motor- driven hole saw. Do not allow any of the hole cutting materials to fall into the reservoir. Coat the exposed edges of each cut hole with either matching roof paint or epoxy after grinding the edges smooth. Paint the exterior tops of all new handhole covers as directed by the Owner or as shown in the Painting Specifications. Stainless steel covers (if utilized) do not require painting. 3.3 ANODE INSTALLATION A. Install each anode and lead wire at the indicated locations (by the use of the individual anode clevis assembly): NOTE: DO NOT PERFORM ITEMS "C" AND "D" BELOW UNTIL AFTER THE 11tH MONTH COATING WARRANTY INSPECTION HAS BEEN PERFORMED (BY OTHERS). B. Suspend each anode from its clevis assembly as shown. Verify that the installed anode is the correct design distance (7' ± 6") off the reservoir floor. Cover the lead wire solderless lugs with three laps of rubber tape followed by three laps of vinyl electrical tape or other suitable waterproof covering to prevent corrosion of the connector until it's finally installed (connected to the roof plate). C. Connect the individual lead wire copper conductors to the roof plate by the use of the solderless lug connector and S/S through bolt as shown after first either grinding the interior roof plate to bare metal or drilling and tapping the roof plate to accept the S/S bolt. Anode supplier to provide a sufficient length of anode lead cable to connect to the lug without splicing the cable. D. After each connection is made, coat the exposed lug connector and any exposed cable copper conductor and interior bare steel roof plate with epoxy or other approved insulating coating to a thickness of at least 1/16". Slide each individual handhole cover centered and in place on the exterior roof plate and tighten the'/~" S/S bolt until it is just snug. Do not over tighten. Harper &Associates Engineering, Inc. Section 16641 - 4 December 2020 —Res. 3-1, 3-2, 3-3 3.4 METER ENCLOSURE Mount the meter enclosure box on the exterior shell at the height shown and below the respective roof hatches by the use of the mounting tabs provided on the box and pin-brazed studs or "Unistrut" or angle iron type mounting hardware welded to the shell. Attach the box to the studs or mounting angles with stainless steel hexagonal bolts, nuts and washers. Route 3/4" rigid galvanized conduit from the box to the exterior roof plate and adjacent to the roof hatch. Terminate the conduit at the roof plate entry with a 3/4 " Type LB galvanized or zinc plated steel condulet fitting. Attach an AWG #14 THWN (black) insulated copper cable from the voltmeter negative (-) terminal to the switch and then to the grounding lug or provided grounding wire in the box as shown. Verify (by continuity testing) that the meter box is electrically continuous with the reservoir shell. 3.5 PERMANENT REFERENCE ELECTRODE Suspend the permanent reference electrode from its own lead wire utilizing a ceramic pin insulator at the location shown on the plans. On knuckle style roofs, attach the #14 lead wire to the interior ladder with a galvanized or stainless steel beam clamp well above the high water line. Route the electrode lead wire up the interior reservoir shell adjacent to or behind the interior ladder and through the 3/" condulet fitting and inside the exterior 3/4" steel conduit to the meter enclosure. Do not splice or nick the electrode cable. Do not allow any other conductors within the 3/4" conduit. Connect the reference lead copper conductor to the voltmeter positive (+) terminal with wring-tongue solderless connector. Fill both sides of the roof mounted LB condulet interior inlet and outlets and the conduit entry into the meter enclosure with a canned type expandable "foam sealant" to prevent condensation and humidity from entering the 3/4 " steel conduit and meter enclosure. Locate the 3/" conduit entry to the monitoring box on the bottom of the box as shown on the Plans. Do not remove the protective bottom cap on the electrode until ready for use unless the reservoir has 100% continuous sufficient water depth to permanently completely cover the electrode. PART 4 -TESTING AND WARRANTY 4.1 CATHODIC PROTECTION SYSTEM TESTING The CP installation Contractor shall accomplish initialization structure-to-water testing of the galvanic anode cathodic protection system. Testing shall be accomplished after the internal coating warranty inspection has been performed (by others) and the reservoir refilled. Testing will be conducted per the requirements of NACE Standard SP0196-15. Testing shall consist of measuring (with ahigh-impedance digital DC voltmeter and a calibrated portable CuSOa reference electrode) portable reference electrode to permanent reference electrode potential difference, all individual anode open-circuit (unconnected) potentials, initially connected structure-to-water potentials (with all anodes connected) and final structure-to- water potentials after at least a minimum of one-hour has elapsed. Structure potentials shall be measured from the roof hatch and down the interior shell and behind the interior ladder at 3'± (max.) intervals from the high water line to the bottom. Contractor shall only be held responsible for supplying the specified anode material , permanent CuSO4 reference and/or monitoring equipment unless deficiencies are noted in any materials. Present a letter type report with all Results of the testing to the Owner. Harper &Associates Engineering, Inc. Section 16641 - 5 December 2020 —Res. 3-1, 3-2, 3-3 4.2 WARRANTY All materials, especially the anodes, shall be warranted for a period of at least twelve (12) months after the cathodic protection system has been energized connected). Any deficiencies in the materials, especially in the initial measured anode open-circuit voltage (to CSE) or lack of NSF certification, shall be cause to reject the entire lot of materials. The Contractor shall replace all deficient materials, including labor to reinstall and any retesting required, at no cost to the Owner. 4.3 CLEANUP All debris, tools, storage materials, welding, cutting and painting materials shall be removed from the reservoir roof and from the premises at the completion of the work herein specified. Any cost incurred by the Owner to clean up debris or other materials resulting from this work shall be back charged to the Contractor. END OF SECTION Harper &Associates Engineering, Inc. Section 16641 - 6 December 2020 —Res. 3-1, 3-2, 3-3 N PROJECT LOCATION N PROJECT LOCATION N PROJECT LOCATION 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA CONSTRUCTION NOTES 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA 71280KRISTA HARP E RC I V I LREGISTERED PR O F E S SIONAL E N GI NEERS T ATE OF C A L IFORNIA Page 6 of 6 Attachment 2 Specification for Reservoir Mixer and Chlorine Boosting System Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 1 Free Chlorine Boosting System PART 1 – GENERAL 1.1 SCOPE A. This section covers the reservoir disinfection control system for potable water reservoirs. Each system will have the ability to function continuously on a year- round basis, regardless of drain and fill cycles. Each system shall consist of an ampermeteric reagent-less probe type analyzer capable of reading free chlorine and one peristaltic metering pump for sodium hypochlorite. All equipment shall be pre- wired and pre-plumbed on a chemical resistant skid with spill containment. System shall be Big Wave Water Technologies Model # CBS-2000 or pre-approved equal. 1.2 THE REQUIREMENT A. Supplier shall furnish a reservoir disinfection system together with all drives, motors, controls, and accessories necessary for a complete and operable system. 1.3 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Comply with the applicable reference specifications as specified in the General Requirements 1.4 CONTRACTOR SUBMITTALS A. CONTRACTOR shall obtain from the equipment manufacturer and submit the following: 1. General equipment specifications and data sheets 2. Installation, start-up, operation, and maintenance instructions 3. Factory-recommended maintenance schedule and list of recommended spare parts 4. Wiring diagrams specifying what electrical wiring needs to be done onsite during and prior to the installation, and by which responsible party 5. Test results certifying system is working prior to shipment. 1.5 QUALITY ASSURANCE A. Each reservoir mixing system shall be tested prior to deployment according to standard engineering practices at the factory testing facilities. 1.6 WARRANTY A. For the period of time beginning with shipment to Buyer and ending on the time periods listed below, the Product is warranted to be free from defects in material and workmanship and to conform to Seller’s specifications applicable to the Product – • One year parts and labor. B. Warranty does not cover damage due to: (i) lightning, flood or other acts of nature, or failure of or inappropriate application of peripheral devices including lightning or surge protectors; (ii) negligence of Buyer or any third party; (iii) vandalism or any Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 2 other misuse or mistreatment of the product; or (iv) installation by non-licensed contractor. Lightning protection is recommended in areas historically prone to lightning AND is the responsibility of the Buyer for proper installation in accordance with local, state, and national code requirements. PART 2 – PRODUCTS 2.1 GENERAL A. Free Chlorine Boosting System consists of reagent-less amperimetric probe type analyzer able to read free chlorine and temperature simultaneously in single probe housing assembly. Analyzer shall output (1) 4-20 mA signal for chlorine. A sample recovery system shall be provided to capture analyzer sample flow and inject sample back into reservoir. One programmable peristaltic pump shall be controlled by the free chlorine analyzer. The peristaltic metering pump shall be sized to feed sodium hypochlorite to maintain desired water chemistry within the reservoir. All equipment shall be skid mounted with integrated chemical containment. 2.2 Chlorine Residual Analyzer A. General 1. The analyzer function, incorporated into the instrument, shall be designed for continuous measurement of as many as four parameters simultaneously. 2. The analyzer supports the following continuous measurements: free chlorine, total chlorine, ozone, chlorine dioxide, ORP, pH, fluoride and conductivity. 3. The analyzer measurements chosen shall be displayed on the instrument’s display in numerical and graphical format. 4. This instrument shall be the Wallace and Tiernan model Depolox 400 or pre- approved equal B. Analyzer function– 1. The analyzer shall be designed for continuous measurement of the sample stream without the need for reagent addition and consist of the following measurement choices: Free chlorine, total chlorine, ORP, pH, and conductivity. The free chlorine measurement shall be amperimetric by way of a membrane-type sensor. Up to four measurements shall be analyzed within a single flow cell and displayed on the electronics. The continuous measurement options all include the following components: a measurement specific sensor, a sensor cable and a pre-calibrated sensor input card specific to the measurement chosen. 2. The sensors shall be housed in a molded clear plastic flow cell. Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 3 3. The flow cell shall have built in: 4. A sample flow control device 5. A flow check valve 6. A sample flow alarm device C. Free chlorine measurement – Membrane-type Cell 1. Measurement ranges: 0 - 200 µg/l, 0 – 500 µg/l, 0 – 1.00 mg/l, 0 – 2.00 mg/l, 0 – 5. 00 mg/l, 0 – 10 mg/l, 0 – 20 mg/l. 2. Accuracy: 50 µg/l or ±5% of full scale, whichever is greater 3. Sensitivity: 10 µg/l or ±1% of full scale, whichever is greater 4. Repeatability: 20 µg/l or ±3% of full scale, whichever is greater 5. Stability: ±5% of full scale per month 6. Response time: 90% change within 5 minutes of sample entry 7. Sampling rate continuous @ 550 ml/min 8. Inlet pressure of flow cell: 3 to 60 psig 9. Inlet sample temperature: 41 to 113 degrees Fahrenheit D. Relays 1. The instrument shall incorporate eight (4) fully configurable relays, including but limited to assigning multiple measurement and other alarms to a single relay, as well as assigning the relays to control output functions. 2.3 Sample Recovery System A. The sample recovery system shall consist of the following components. 1. 40 gallon polyethylene tank with lid. 2. Level control devise with pump controller. 3. Sample return pump sized for sample return to the reservoir. 2.4 Peristaltic Metering Pumps A. METERING PUMP – Shall be a positive displacement, peristaltic type tubing pump with a brushless variable speed motor, non-spring loaded roller assembly located in the pump head, integral tube failure detection system, and flexible tubing with attached connection fittings. Metering pumps shall be Blue White Industries model M-324-SNGG. No alternatives shall be used. 1. There shall be no valves, diaphragms, springs, or dynamic seals in the fluid path. Process fluid shall contact the pump tubing assembly and connection fittings only. 2. Capable of self-priming at the rated maximum pressure of 110 PSI (8.6 bar). Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 4 3. Capable of running dry without damage. 4. Pump rollers shall be capable of operating in either direction at the maximum rated pump pressure. 5. Pump rollers shall be capable of operating in either direction without output variation. 6. Suction lift shall be 30 feet of water. 7. Repeatability: +/- 0.5 percent. 8. Accuracy: +/- 0.5 percent. 9. Pump shall have a 5 year manufacturer’s warranty that includes chemical damage to the pump head and roller assembly caused by a ruptured pump tube assembly. SPARE PARTS: One (1) Blue White Industries model M-324-SNGG B. PUMPHEAD – Shall be a single, unbroken track with a clear removable cover 1. Tube failure detection sensors shall be wholly located in the pump head. Tube failure detection system shall not trigger with water contact. Float switch type switches shall not be used. Process fluid waste ports or leak drains shall not be provided. 2. Squeeze rollers with encapsulated ball bearings shall be directly coupled to a one piece thermoplastic rotor. Four polymeric rollers shall be provided; two squeeze rollers for tubing compression shall be located 180 degrees apart and two guide rollers that do not compress the tubing shall be located 180 degrees apart. The roller diameters and occlusion gap shall be factory set to provide the optimum tubing compression; field adjustment shall not be required. Spring loaded or hinged rollers shall not be used. 3. Rotor assembly shall be installed on a D-shaped, chrome plated motor shaft and removable without tools. 4. For tubing installation and removal, rotor assembly shall be rotated by the motor drive at 6 RPM maximum when the pump head cover is removed. Hand cranking of the rotor assembly shall not be required. 5. Pump head and tubing compression surface shall be corrosion resistant Valox thermoplastic. 6. The pump head cover shall be clear, annealed acrylic thermoplastic with an integral ball bearing fitted to support the overhung load on the motor shaft. Cover shall include an imbedded magnetic safety interlock which will limit the motor rotation speed to 6 RPM when removed. 7. Cover shall be positively secured to the pump head using four thumb screws. Tools shall not be required to remove the pump head cover. C. PUMP TUBE ASSEMBLY 1. To ensure pump performance and accuracy, only tubing provided by the manufacturer is acceptable. 2. Pump tube shall be assembled to connection fittings of PVDF material. 3. Connection fittings shall be permanently clamped to the tubing with stainless steel clamps. To prevent tubing misalignment and ensure accuracy, fittings shall insert into keyed slots located in the pump head and secured in place by the pump head cover. 4. Connection fittings shall be for 1/4” ID x 3/8” OD flexible tubing 5. Tube sizes and connections shall be measured in inches. 6. Pump shall have NSF 61 certification. Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 5 D. DRIVE SYSTEM – Shall be factory installed and totally enclosed in a NEMA 4X, (IP66) wash-down enclosure. Capable of operating on any input power from 110VAC to 240VAC, 50/60 Hz single phase supply without user configuration or selection switches. 1. Motor a. Reversible, brushless DC gear motor rated for continuous duty. b. Motor shall include overload protection. c. Gear ratio shall be 125 RPM. d. Metering pump shall have a 10,000 to 1 turndown capability. 2. Enclosure a. Pressure cast aluminum with acidic liquid iron phosphate three stage clean and coat pretreatment, and exterior grade corrosion resistant polyester polyurethane powder coat. b. Rated NEMA 4X (IP66). c. Provided with 316SS floor/shelf level mounting brackets and hardware. Optional: provide extended height brackets for mounting pump 4.5 inches above grade level. d. Provide six foot length power supply cord with NEMA 5/15 U.S. 115VAC attachment plug. Optional: power supply cord with NEMA 6/15 U.S. 230 VAC attachment plug. e. A wiring compartment shall be provided for connection of input/output signal wires, and alarm output loads. Conduit hubs, liquid-tight connectors, connector through holes and tapped holes shall be sized in U.S. inches. 3. Control Circuitry. a. Provide front panel user touchpad controls for stop/start, configuration menu access and navigation, operating mode selection, auto priming, and reverse direction. b. Provide VGA graphic LCD display for menu driven configuration settings, pump output value, service alerts, tube failure detection (TFD) system and flow verification system (FVS) alarms status, remote input signal values, tubing life timer value. c. Provide for manual control of pump output volume via speed percentage, cycle timer, manual dispensing, and Parts per Million (PPM) calculator operating modes. d. Provide for remote control of pump output volume via 4-20mA, 0-10VDC, 0-1000Hz pulse, and contact closure pulse batching, and Parts per Million (PPM) calculator operating modes. e. Provide for remote stop/start pump via 6-30 VDC powered loop or contact closure loop. f. Provide a 4-20mA or 0-1000Hz output signal, scalable and proportional to pump output volume. g. Provide four contact closure alarm outputs. Three rated at 1A-115VAC, 0.8A-30VDC and one rated at 10A-250VAC, 8A-30VDC. Each alarm output shall be assignable to any of the following pump functions: TFD system, FVS system, motor run/stop, motor failed to respond to commands, input signal failure, or output signal failure. h. Provide a four digit password protected configuration menu. i. Provide a flow verification system with programmable alarm delay time from 1-255 seconds. FVS system shall monitor the FVS flow sensor while pump is running only. System shall not monitor pump while not running. Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 6 E. SAFETY 1. The pump shall be listed to UL standard 778 as a motor operated pump and CSA standard C22.2 as process control equipment. 2. Tube Failure Detection (TFD) system sensors shall be wholly located in the pump head. TFD system will stop the pump within three seconds of leak detection. To prevent false alarms due to rain, wash-down, condensation, etc., tube failure detection system shall not trigger with water contact. Process fluid waste ports or leak drains shall not be provided. 3. Pump head cover shall include an imbedded magnetic safety interlock which will stop the pump when removed. Pump rotor speed shall be limited to 6 RPM when cover is removed. 4. Secondary user confirmation input required for motor reversal, tube life timer reset, and factory default configuration reset. 5. Quick disconnects with integral check valves shall be used with the pump to prevent leaking of chemicals while changing out hoses. 2.6 System Skid A. SKID – One single pump system shall be constructed of marine grade high density polyethylene with a tensile strength greater than 4100 psi. 1. There shall be two side walls, a partial height center wall, a pump mounting base, and one rear back plate. 2. Two 316 stainless steel pump mounting brackets with four mounting slots shall be provided per pump. Pump mounting brackets shall be secured to the skid structure with stainless steel hardware. 3. Chemical containment shall be built into the chemical feed skid for each chemical. 4. Piping shall be ½” diameter schedule 80 PVC 5. True union ball valves shall be PVC with PTFE shaft bearings and seals. Seals and O-rings shall be selected by the skid fabricator to be compatible with the chemical being used. 6. Unions shall be schedule 80 PVC. 7. Seals may be specified as Viton, Hypolon or EPDM with Viton seals as the default selection. 8. One chemical inlet port shall be provided. 9. One chemical outlet port shall be provided. 10. All socket weld joints shall be glued with gray CPVC 724 industrial pipe cement for chemical applications with the use of P-70 industrial primer. 11. System shall have a five year manufacturer’s warranty on all glued and welded joints. All skid components shall carry the manufacturer’s standard warranty not less than one year. F. Check valve shall be located at the discharge side of each peristaltic pump to prevent the back flow of fluid through the pump. 1. The check valve shall be PVC with a 1.0 – 1.5 PSI cracking pressure. 2. The maximum inlet working pressure shall be 150 PSI. 3. Seals may be specified as either Viton or EPDM with Viton seals as the default selection. 4. Check valve shall be manufactured by Plast-O-Matic Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 7 G. Pressure relief valve (PRV) shall be located on the discharge side of each pump to prevent excessive pressure in the system. Fluid shall be returned to the inlet side of the system if the pre-set maximum system pressure is exceeded. 1. The PRV shall be PVC, CPVC with a PTFE diaphragm seal. 2. The PRV shall have a convenient high density plastic pressure adjustment knob molded onto a stainless steel threaded shaft shall with a stainless steel lock nut. 3. The PRV shall have infinite adjustment increments from 15 to 150 psi. 4. The PRV shall have a 1 year manufacturer’s warranty. 5. Pressure relieve valve shall be manufactured by Griffco. H. Calibration cylinder shall be located in the inlet side of the system to permit metering pump output volume calibration. 1. Valves shall permit the cylinder to be filled by gravity if possible. If gravity fill is not available, a by-pass line shall be provided to allow the metering pump to be used to fill the calibration cylinder. 2. The cylinder shall be clear PVC with PVC socket weld end caps. 3. Calibration Cylinder shall have a 1 year manufacturer’s warranty. 4. Calibration Cylinder shall be by Griffco 2.7 ACCEPTABLE MANUFACTURERS: A. Big Wave Water Technologies Oceanside, California (contact: 667-244-9283, or via www.bigwavewater.com) or pre-approved equal. B. Acceptable Manufacturer shall provide a full money back satisfaction guarantee over the course of the first year the system is in operation. 2.8 SUBMITTALS A. General. Submittals shall be in accordance with Article 9, Contractor Submittals, and the following. B. Descriptive product literature with manufacturer, type, and model number clearly identified. C. Equipment Installation Drawings. Equipment installation drawings shall provide all necessary information for the safe and proper installation of the reservoir control system. The Drawings shall include, but shall not be limited to: D. Mechanical equipment installation drawings, including all dimensions complete with anchor bolt layout and sizing. E. Detailed piping drawings with complete lists and specifications for required materials to complete the installation. Piping drawings to include all piping connections, locations, sizes and detail fittings. F. Electrical diagrams, detailed electrical conduit routing plans, wiring diagrams and control schematics with bills of material required for all electrical equipment and Free Chlorine Boosting Station Rehabilitation of Reservoir 3-1, 3-2, and 3-3 8 instrumentation. Wiring diagrams to include component designations and ratings. G. Instrument installation drawings and schematics. 2.9 Operation and Maintenance Instructions. A. An interim set of operation and maintenance instructions, including safety precautions to be followed, shall be submitted to the District, in triplicate, prior to initial start-up of the equipment. B. Within sixty (60) days following formal acceptance of the Work, the Supplier shall prepare and supply three (3) copies of the operation and maintenance manuals, modified as necessary, for the actual Work start-up and operating experience. Such manuals shall be completely indexed and shall include step-by-step procedures for the operation and maintenance of the Chloramine Boosting System installed. The maintenance portion of the manual shall include a preventive maintenance troubleshooting and lubrication program for the entire system. 4.0 TRAINING A. Big Wave Water Technologies or authorized personnel will instruct designated UTILITY personnel in the safe and proper operation of the chloramine boosting system . This training will reference the operation and maintenance manual provided with equipment. B. Three Days of startup and training services shall be provided by the system manufacturer. SUBMERSIBLE MIXER Rehabilitation of Reservoir 3-1, 3-2, and 3-3 1 Reservoir MIXER Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 PART 1 – GENERAL 1.1 SCOPE A. This section covers the submersible reservoir/tank mixing systems up to 1.5 HP in size intended for continuous use while submersed in potable water storage tanks. Mixer will operate 24 hours a day, 7 days per week. Each mixer shall consist of a water-lubricated submersible motor, an impeller, and a non-submersible control center that houses all controller electronics. 1.2 THE REQUIREMENT A. CONTRACTOR shall furnish a Big Wave Water Technologies Tidal Wave Mixer with a control center and install mixer together with control center and accessories necessary for operable system. B. UTILITY shall furnish electrical conduit with either 115VAC or 230VAC single phase voltage based on system configuration, a safety disconnect switch and a 20amp non-GFCI circuit breaker up to the point of installation of the mixing system control center. C. UTILITY shall also provide conduit from control center to tank penetration for submersible motor cable and penetration through tank for same cable. 1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Classified UL Water Quality NSF/ANSI 61, NSF/ANSI 372 B. Underwriters Laboratories Inc., UL 508A C. NEMA Type 3R, 4, and 12 D. CSA Type 3R, 4, and 12 1.4 CONTRACTOR SUBMITTALS A. NSF Certification 1. Copy of the NSF-61 certified listing for reservoir mixer material being placed inside the tank. B. Installation, O & M’s shall be obtained from the equipment manufacturer 1. General equipment specifications and data sheets 2. Installation, start-up, operation, and maintenance instructions 3. Factory-recommended maintenance schedule 4. Wiring diagram 1.5 QUALITY ASSURANCE A. Each reservoir mixer shall be tested prior to shipment. B. Complete mixing system is NSF/ANSI Standard 61 certified. 1.6 WARRANTY A. For the period beginning with shipment to buyer and ending at the time frame listed below, the reservoir mixer is warranted to be free from shortcomings in material and workmanship and to coincide to manufacturers specifications. 1. Three (3) years on all supplied parts 2. One full year labor 3. Lifetime warranty on impeller 1.7 SATISFACTION GUARANTEE A. For the Period of 12 months after equipment is installed and started up, if the owner is not satisfied with the performance and results, then the owner will receive a refund for the total cost of the mixer from the manufacturer. 1. To receive a refund, the mixer must be returned to Big Wave Water Technologies without noticeable damage and normal wear and tear. SUBMERSIBLE MIXER Rehabilitation of Reservoir 3-1, 3-2, and 3-3 2 PART 2 – PRODUCTS 2.1 PERFORMANCE A. Reservoir mixer shall completely mix reservoir according to the following minimum performance requirements. These requirements can be measured and validated after installation by operators with readily available tools such as temperature probes and total chlorine grab samplers. 1. Temperature Uniformity For tanks up to 4,000,000 gallons in volume: All temperatures shall converge to within 0.50°C (0.9°F) within 24 hours after mixer is installed and activated. 2. Disinfectant Residual Uniformity For tanks up to 4,000,000 gallons in volume: Disinfectant residual within top five feet of tank and bottom five feet of tank will converge to within 0.20 ppm within 24 hours after mixer is installed and activated. During continuous operation of the mixer, under normal disinfectant dosing parameters, disinfectant residual will converge to within 0.20 ppm at least once every 24 hours. 2.2 GENERAL A. Reservoir mixer consists of an impeller mounted on a submersible motor and supported thirty (30) inches from the tank floor in order for it to launch a jet of water from the bottom of the tank up toward the surface of the water. Mixer control and operation shall be independent of tank drain and fill cycles to ensure constant mixing. Wet-side of mixer shall weigh less than 40 pounds and dry-side shall weigh less than 20 pounds for safety of installation. Both wet-side and dry-side shall be able to be hoisted, installed, and/or removed by on-site personnel without additional equipment needed so that there is no crush hazard or entanglement hazard present, and so that weight of mixer on tank floor does not cause damage to interior coating. B. Reservoir mixer active components shall be elevated at a minimum of 30 inches above tank floor to avoid disturbing accumulated tank sediment or entraining particles and causing accelerated wear of moving parts. Tripod configurations shall not be acceptable. C. Mixers using submersible pump with slit or “water sheet” or horizontal motor mounting designs are not acceptable. D. The use of an unstable tripod as a base shall not be used to assure no damage to tank coatings. E. Mixer shall produce 35 lbs. of downward thrust while mixing. F. Oil-filled motors shall not be acceptable. G. All wet-side mixer components shall be certified by NSF to the NSF/ANSI Standard 61. . H. Power for mixer shall be 120VAC single phase grid power. I. No maintenance shall be required on the wet-side components in typical potable water application. J. Passive mixing system shall not be acceptable. K. Pumped water or jet mixers shall not be acceptable. L. Mixer shall utilize VFD control center to maximize mixing efficiency. Constant speed mixers shall be modified to accommodate this feature. 2.3 CONSTRUCTION A. Components – wet-side: Shall be NSF/ANSI Standard 61 certified. Equipment entering tank shall not adhere to, scratch, or otherwise cause any damage to internal tank coating or put undue stress on the materials of the tank construction. Equipment shall fit through a standard hatch of size 24-inch x 24-inch or larger. UTILITY may prefer to penetrate side wall or ceiling of tank (in place of penetrating the hatch) to allow motor cable entry into the tank for ease of installation and protection against freezing/ice damage. Each submersible mixer shall consist of the following components, regardless of the power source selected: SUBMERSIBLE MIXER Rehabilitation of Reservoir 3-1, 3-2, and 3-3 3 1. Impeller Balanced to within 0.5 gram-inches Not more than 1.5 inches in overall height Not more than 5.2 inches in diameter Not more than .5 lbs. in weight Shall not create cavitation at any rotational speed up to 3450 RPM 2. Motor AISI Type 304 stainless steel body Chlorine/Chloramine resistant rubber seals Fully submersible Low power (1.5 HP maximum) Water-lubricated motor 3. Mounting Mixer Frame shall be constructed High density Polyethylene Attachments secure motor cable away from impeller Overall weight of wet-side unit not to exceed 40 lbs. for ease of installation and operator safety when installing Overall height of unit shall not exceed 42 inches. including lifting arm B. Components – dry-side: Each 120VAC control center shall consist of the following components: 1. Enclosure Type (NEMA 3R) lockable Weather resistant Overall weight of control center not to exceed 40 lbs. Green and Red LED Indicator lights show motor status Cooling fan Power Switch located inside of panel 2. Motor Controller/VFD Rated to 1.5 HP Operating temperature range -4 ºF to 131 ºF (-20 ºC to 55 ºC) Start/stop switch mounted internally Manual speed control Built in thermal shut-off protection Built in current overload protection SCADA outputs included: Digital output signal indicating motor running 4-20mA signal 3. Branch Circuit Protection Panel equipped with a 120VAC 20-Amp main breaker 2.4 CONTROLS A. Each unit shall be equipped with all necessary controls, inter-wired, to provide the following minimum functions: 1. On/Off switch to control power to mixer. 2. Alarm dry contact for to indicate mixer running. 3. 4:20 mA signal to indicate mixer current draw 3.5 ACCEPTABLE MANUFACTURERS: A. Big Wave Water Technologies Model TWM15050, or pre-approved equal. SUBMERSIBLE MIXER Rehabilitation of Reservoir 3-1, 3-2, and 3-3 4 PART 3 – EXECUTION 3.1 INSTALLATION A. The CONTRACTOR shall furnish services of a factory-trained installation contractor or crew having experience with installation procedures, operations, and maintenance requirements for the type of equipment installed under these specifications. Mixer must be able to be installed through a 24”x24” hatch. Mixer must be able to be installed without draining tank or taking tank out of service. Wet-side of mixer shall weigh less than 40 pounds and dry-side shall weigh less than 42 pounds. Both wet-side and dry-side shall able to be hoisted, installed, and/or removed by on-site personnel without additional equipment needed so that there is no crush hazard or entanglement hazard present, and so that weight of mixer on tank floor does not cause damage to interior coating. B. Tank penetration is recommended to be above tank water line, typically through the hatch side wall. 1. Fitting will prevent moisture intrusion into tank and ideally be horizontally oriented. 2. Fitting shall be 1” diameter fitting to allow cable to pass through. 3. A water-tight penetration may be installed under the water line. C. Installation of the in-tank components may be performed in any of the following ways: 1. Installation by a factory-trained and drinking-water-certified potable water tank diver. 2. Installation by personnel with confined space training while the tank is drained and empty. 3. Installation below a hatch opening in a full tank D. Installation of the outside-of-tank components may be performed by: 1. Third party representatives or CONTRACTORS according to the manual provided. 2. UTILITY personnel according to the manual provided 3. Safety disconnect provided by others E. The mixer and control center shall be installed in accordance with approved procedures submitted and as shown, unless otherwise approved in writing. 3.2 TRAINING A. Big Wave Water Technologies personnel (or representative) will direct designated personnel in the correct operation of the reservoir mixer. This instruction will cite the operations manual provided with equipment and show how to check for correct operation of the equipment. Page 111 of 112 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. Page 112 of 112 EXHIBIT D SCHEDULE OF WORK ITEMS REHABILITAITON OF RESERVOIR 3-1, 3-2, and 3-3 INCLUDING OPTIONAL BID ITEMS City Council Agenda Item Report Agenda Item No. COV-521-2021 Submitted by: Diana Figueroa Submitting Department: City Administration Meeting Date: March 2, 2021 SUBJECT Vernon Resident COVID-19 Grant Assistance Program Recommendation: Approve and authorize the administration of the Vernon Resident COVID-19 Grant Assistance Program, with a maximum allocation of $50,000, to aid Vernon households who are experiencing COVID-19 related economic hardship. Background: On March 14, 2020, the City of Vernon declared a local emergency due to the outbreak of the Novel Coronavirus (COVID-19). Since, the COVID-19 pandemic has had a significant effect on the national, regional, and local economy resulting in economic hardship related to layoffs, COVID-19 affected quarantines, and/or reduced work hours for a significant percentage of the nation’s workforce. With the understanding that there are a host of factors that may impact its residential population, it has been the intent of the City to offer emergency relief to residents who are vulnerable to the sudden and immediate loss of income, and who are navigating a means to survive the fiscal impacts of the COVID-19 crisis. Thus far, City leaders have taken the following actions to promote stability in the residential community of Vernon during the COVID-19 pandemic outbreak: *Adopted Emergency Ordinance No. 1268 at its April 21, 2020 meeting, enacting a temporary moratorium on residential evictions *Approved the COVID-19 Grant Stimulus Program ($1,000 stimulus for each Vernon resident) at its May 19, 2020 City Council meeting As the pandemic continues, COVID-19 related economic hardship remains a serious issue for many and has been an ongoing concern for City Officials. Throughout the pandemic City Council Members have raised the issue and taken actions to aid Vernon residents as noted above. Most recently, the Mayor and Mayor Pro Tem expressed concerns about continued economic hardship faced by Vernon households and the need for COVID-19 related financial assistance. To further protect public peace, health, safety, and public welfare, and to help enable tenants in Vernon whose income and ability to work are affected due to COVID-19 to remain in their homes and provide for their families, staff recommends additional measures be taken to offer financial assistance to impacted residents. The Vernon Resident COVID-19 Grant Assistance Program (GAP) proposes to offer Vernon families who are experiencing a COVID-19-related economic hardship the opportunity to apply for a one-time grant from the City to aid with various household expenses. Some highlights of the program are as follows: *All Vernon residents (except for current City Council Members) who are experiencing COVID-19 related financial difficulties are eligible to apply *Residents must complete a simple COVID-19 Impact Self-Attestation application *Residents may request one grant per household, up to $3,000 *Applications may be submitted through April 30, 2021 The welfare of our Vernon community remains of paramount importance. While there have been recent improvements in controlling the spread of COVID-19 in Los Angeles County, many households are still facing extreme economic volatility and uncertainty. There are cases where the disease has directly or indirectly affected income - causing job loss, increasing medical expenses, and/or causing illness (which impacts one's ability to work) - among the general public. As such, staff recommends that City Council approve the Vernon Resident COVID-19 GAP to address the COVID-19 related economic burdens of City residents. Fiscal Impact: There are sufficient funds available in the FY 2020/21 Community Development Fund budget to administer the Vernon Resident COVID-19 Grant Assistance Program. Staff proposes a cap of $3,000 for each individual grant (one per household) and a maximum allocation of $50,000 for the entire program. Attachments: 1. Vernon Resident COVID-19 Grant Assistance Program (GAP) 2. COVID-19 GAP Self-Certification Application RESIDENT COVID-19 GRANT ASSISTANCE PROGRAM www.cityofvernon.org Page 1 of 2 Program Overview The Vernon Resident COVID-19 Grant Assistance Program (GAP) will provide one-time grants to individuals and families who occupy a residential property in Vernon as their primary residence and have been financially impacted due to COVID-19. Qualified COVID-19 financial impacts include the following: • Workplace closure or reduced hours due to COVID-19, including layoff, termination, loss of working hours. • Business closure or other economic impacts of COVID-19. • Sickness with COVID-19 or caring for a household or family member who is or has been sick with COVID-19. • Medical costs for you or a household member who is or has been ill with COVID-19. • Extraordinary out-of-pocket childcare expenses due to school closures. • A working parent who has stayed home from work to care for a school-age child during the COVID-19 pandemic. • Compliance with a recommendation from a government health authority to stay home, self- quarantine, or avoid congregating with others during the state of emergency. • Other reasonable expenditures stemming from government-ordered emergency measures. • Any additional factors relevant to your or a household member’s reduction of income as a result of COVID-19. One-time financial assistance is available to aid Vernon households negatively impacted by COVID-19. The Vernon Resident COVID-19 GAP will offer qualified residents up to a maximum amount of $3,000 in grant funds to use to cover household expenses during the health emergency, based on actual need. Eligibility Requirements Applicants do not need to be U.S. Citizens to apply for this program. To be eligible, Vernon Resident GAP applicants must: • Occupy an apartment or single-family home located in the City of Vernon as their primary residence • Submit a COVID-19 Impact Self-Attestation Form for the Vernon Resident Grant Assistance Program (only one application per household will be accepted). The form will require you to: o Calculate the grant amount that is most appropriate to cover your household’s immediate needs o Describe the type of COVID-19 hardship impacting your household o Certify that all information provided to the City is true and accurate • Upon request, provide documentation to the City to verify and describe your COVID-19 related hardship o Acceptable documentation includes, but is not limited to, unemployment checks, COVID-19 related medical bills, letter from an employer documenting reduced hours or layoff, and/or letter from a doctor indicating COVID-19 illness or exposure and inability to work. RESIDENT COVID-19 GRANT ASSISTANCE PROGRAM www.cityofvernon.org Page 2 of 2 Please note that residents who are serving in the capacity of Council Member for the City of Vernon are not eligible to receive grant funds. Grant recipients with outstanding/unpaid rent payments due to the City at the time of grant disbursement must first use GAP funds towards any outstanding/unpaid rent amounts owed. Prior to disbursement, the City may also directly apply any grant funds towards rent amounts owed by recipients to the City. Program Deadline Applications for the Vernon Resident COVID-19 GAP will be accepted through April 30, 2021. Applicants must submit application documentation by this date in order to be considered for a grant. Grant funds are limited and applications will be reviewed and approved on a first-come, first-served basis. Instructions to Apply If you are experiencing a COVID-19 related financial hardship and are interested in the Vernon Resident COVID-19 GAP, please follow the instructions below: 1. Complete the Vernon Resident COVID-19 Impact Self-Attestation Form in its entirety. 2. Submit the form by April 30, 2021. You may email the form to dfigueroa@ci.vernon.ca.us, or hand-deliver or mail the form to: Vernon City Hall 4305 Santa Fe Ave. Vernon, CA 90058 Attn: Diana Figueroa 3. Upon request, provide supporting documentation to the City to verify and describe your COVID-19 related hardship. If you are qualified for Vernon Resident COVID-19 Grant Assistance, the City will provide you with a grant check. You need not provide a social security number to have the check issued to you. You need not repay the City for the grant funds provided to you. As noted above, for grant recipients in City-owned housing, outstanding rent payments due to the City at the time of grant disbursement must be paid prior to other expenditures. The City cannot not provide legal, financial, or tax advice to recipients of grant funds. You should consult your own tax advisor or visit www.irs.gov to determine the effect that COVID-19 grant assistance may have on your particular tax situation. If you have any questions about the grant program or the application process, please contact (323) 583-8811, ext. 570. Resident COVID-19 Grant Assistance Program COVID-19 IMPACT SELF-ATTESTATION FORM Page 1 of 2 IDENTIFYING INFORMATION Applicant’s Name Address COVID-19 IMPACT CATEGORY My household income was impacted by COVID-19 (on or after March 1, 2020) for the following reason(s): Workplace closure or reduced hours due to COVID-19, including layoff, termination, loss of working hours Compliance with a recommendation from a government health authority to stay home, self- quarantine, or avoid congregating with others during the state of emergency Medical costs for you or a household member who is or has been ill with COVID-19 Business closure or other economic impacts of COVID-19 Other factors relevant to a household member’s reduction in income as a result of the COVID-19 emergency. (Please describe.) Sickness with COVID-19 or caring for a household or family member who is or has been sick with COVID-19 Extraordinary out-of-pocket childcare expenses due to school closures Other reasonable expenditures stemming from government-ordered emergency measures. (Please describe.) Self-employed business closure or economic impact due to COVID-19. (Please describe.) The City reserves the right to request supporting documentation from applicants as necessary to determine eligibility. Event above is a result of COVID-19 Yes No For approximately how long has your household been impacted by COVID-19: EMPLOYMENT INFORMATION Employer Name Employer Contact Employer Address Employer Phone Job Title Layoff Date (Optional) Page 2 of 2 APPLICANT CERTIFICATION COVID-19 HARDSHIP DESCRIPTION GRANT AMOUNT AND PURPOSE My household income was impacted by COVID-19 and I am requesting a grant in the amount of: $ The grant will be used to cover the following household expenses: Grant recipients with outstanding/unpaid rent payments due to the City at the time of grant disbursement must first use GAP funds towards any outstanding/unpaid rent amounts owed. Prior to disbursement, the City may also directly apply any grant funds towards rent amounts owed by recipients to the City. APPLICANT INFORMATION Email Address Cell Phone Preferred Method of Communication Home Phone Number of Household Members Ages of Household Members I hereby certify under penalty of perjury that the information on this form and any documentation submitted in support thereof is true and accurate, and I understand that the above information, if misrepresented or incomplete, may be grounds for immediate program termination and/or penalties as specified by law. Applicant Signature (print, sign, scan, upload) Date Resident COVID-19 Grant Assistance Program COVID-19 IMPACT SELF-ATTESTATION FORM